Tuesday, December 19, 2006

More from Jones

Walter Jones' office this afternoon issued the following press release, of a follow-up letter from the congressman to AG Gonzales:

In a December 7th letter I asked you to look into Durham County, North Carolina District Attorney Mike Nifong’s prosecution of three Duke University student athletes accused of an alleged sexual attack on a woman earlier this year in Durham. New evidence of potential prosecutorial misconduct emerged during court proceedings last week when it was revealed that Mr. Nifong withheld exculpatory DNA results from the defendants. These findings reinforce the appearance of a pattern of misconduct that may have denied these students their constitutional rights as U.S. citizens under federal law. This matter cries out for oversight, and I again urge you to launch a federal investigation.

In an article on the court proceedings in last Saturday’s Raleigh News and Observer – a copy of which I’ve attached for your review – it is reported that the ‘head of a private DNA laboratory testified Friday that he and District Attorney Mike Nifong agreed last spring not to report DNA results favorable to Duke lacrosse players charged with rape. The article states that the lab’s testing showed DNA material collected from the accuser just hours after the alleged attack did not come from any of the defendants. But lab director Brian Meehan testified that he and Mr. Nifong decided not to include that evidence in their report to the defense despite the fact that ‘North Carolina law requires Nifong to hand over all evidence.’

Mr. Attorney General, I was encouraged to see that on Fox News yesterday you confirmed that you ‘received’ my December 7th letter and that the Justice Department is evaluating the facts it presents. The new revelations of potential prosecutorial misconduct exposed in last week’s court proceedings also require the Justice Department’s attention. At the request of a growing number of my constituents, I again urge you and your staff to fully investigate these matters to ensure that Mr. Nifong’s conduct has not illegally denied these students their constitutional rights to due process.


Anonymous said...

He probably meant to say that they hid the unidentified DNA from the defense. But the DOJ will figure it out.

Anonymous said...

When attorney Bannon quized DNA expert Meechan and asked him if he and the State of N C witheld evidence that excluded dna from Duke 3, was he angling in on the State of NC is liable in this hoax also? Will the defendants have a lawsuit against the state along with Durham County and the city of Durham?

Victim in Massachusetts said...

KC can you please place the man on auto delete. He is just a little nit.

By the way KC I did just sent out my second letter to the DOJ, and to as many members of congress as I could think of.

Nifong has made it down flat out impossible for any true rape victim to come forward now.

I agree with all of the blogs that they should name a law after Nifong and the FA, and make it a federal crime to file and try a trumped up case, so they can face the same sentence as the people they wrongly convict.

bill anderson said...

Civil liability is vicarious. Criminal liability at one time was not, but in the federal arena, it is becoming more the case, i.e. Sarbanes-Oxley.

Believe me, the City of Durham would be liable, and almost surely the case would be heard in Raleigh. Too many city officials have said too many things, and done too many things. Once this case is over, a lot of people will be quite nervous.

jenhood said...

Victim you are so right.

What is happening here is sad, just as the cry of racism is immediately met by skepticism by some (because of crying wolf so often that real racism is overlooked), I fear that the cry of rape may be face the same feelings given the high profile of the case

bill anderson said...

Old Testament Law,indeed, had the provision which VIM points out. A false accuser would face the same punishment as was to be meted out to the person who was accused, had he or she been convicted.

If we make Nifong's sentences consecutive, he can look forward to 90 years in the crowbar motel. No doubt, Nifong would disclaim that part of the Bible!

Anonymous said...

Intresting takes on Nifong immunity



bill anderson said...

You know, I like that: How does one know when a lawyer is telling the truth? When his lips are moving, of course.

Anonymous said...

The acuser will never testify! Can you imagine the questions she would be asked! How did you get the DNA from 5 men in your panties? There will be no trial.

theman said...

theman say that lawyers don't lie, Nifong is a lawyer, he says these 3 comited a rape, so they must have comited a rape.

Anonymous said...

Please be assured, that this liberal democrat who has lived in Durham 23 years totally supports the Duke 3 and deeply appreciates ALL of KC's efforts to bring the light of truth to this case... Also I enjoy reading the comments to his posts.

i wish theman could understand that IF the woman was attacked the 5 people who left DNA in/on her would be the perpetrators and not the innocent Duke students.

This is why people are so upset by Nifong withholding exculpatory evidence. If she was attacked like she says, whoever did it left DNA. If the DNA doesn't fit you must aquit. The DNA doesn't fit the Duke 3. Those innocent young men have been put through a horrendous trauma.

So people are wondering why Nifong brought charges against clearly innocent people. So they want the Department of Justice to investigate this whole sordid case so that IF there was a crime the right people are brought to justice. And if there are crimes done by the DA, he gets brought to justice.

Hope this makes sense...
liberal democrat from durham

Jakki said...

I agree with theman, lawyers don't lie.

Anonymous said...

Hay it's the family mouth piece. Hi jakki

jakki said...

name's clyde, really. i'm a female impersonator, and the fambly wants ME to be their spokescrossdresser! is this a weird cast of characters, or what!?

Anonymous said...

I posted this last week, a former NC US attorney, now Fed Judge, can you all figure this out, told me sat night that the middle district USA opened a file of Nifungu in May. He is being watched and he will not escape, the USA, she is not to be messed with, she is one bad dude. I sure as hell wouldn't want to be Nifungu, he is going to jail. dat's the facts, it will take sometime, but he is toast. Merry Christmas Mikey, Butner for you next Christmas and rastus be being your roommate. You the wife tonight?

Anonymous said...

I will never believe a woman again!!!

Nancy Grace, Lise Whiel and others clung so strongly to the idea that if a woman said it, it must be true that I feel I can never, ever believe a woman again.

WJD said...

To 9:31 I agree with you 110%, I have seen Lis Whiel on before, I mistakenly thought she was honest, not on this case, but others she covered. I never thought she would morf into Nancy Grace. I have lost all respect for her.

Jakki said...

If theman says lawyers don't lie why won't you believe Nifong?

Anonymous said...

OT - at least the immediate topic.

Could someone explain how the guys were deprived of a "Probable Cause Hearing"?

As best I can stitch together, since they were not physically arrested UNTIL a grand jury indictment was handed down, they were not entitled to the Probable Cause hearing.

If that's right - then what a load of sheeiza that is.

in a Prob Cause hearing you can have an attorney involved to challenge the evidence (or lack thereof) - verses - the Grand Jury, which is a secret body where you have no representation.

Of course, this would be why no arrests were made right away -- pure cynical manipulation by Nifong so he could drag the process past the May primary and even the Nov. elections.

Can someone confirm or correct this understanding?


GPrestonian said...

9:42 Anon:

You answered your own question:

As best I can stitch together, since they were not physically arrested UNTIL a grand jury indictment was handed down, they were not entitled to the Probable Cause hearing.

The idea being that the GJ determines that there is PC when they return a true bill.

Anonymous said...



Like I said, its a load of sheiza - and in NC there's no GJ transcript of the proceedings 'to boot'. No paper trail, no nothing - the "perfet crime' - and that little nazi Nifong is within his purview to take these actions - unbelievable.

Anonymous said...

9.31 You forgot Wendy Murphy who falls into your catagory!

KC Johnson said...

I discussed the probable cause issue in this post. It's an issue that has gone under the radar screen, and is critically important.

Anonymous said...

9:42 in otherwords
Durham PD on the night of the incident and following day knew there was not enough evidence to investigate the roadwhore's claim. Nifong got wind of it Monday, after Det Gotlieb notified him of a possible case against Duke, and Nifong had no choice but go the GJ route, because the DPD officer responding to the initial call knew the truth and shit-canned the call. That is why the responding officer's tape was disposed of. (and I know they rotate their tapes on a 30 day cycle and they failed to preserve this one)

Anonymous said...

"Durham PD ....knew there was not enough evidence to investigate "

Remember how the Duke Admin and their little committees "shat" all over the Duke Cop who 'only overheard' the DPD talk about the flaky ho's changing stories ?

You can bet he has his feet up now without any worrries - he called it 'spot on'.

Anonymous said...

In NC, if the defendants are arrested, they are entitled to a probable cause hearing. However, prosecutor can decide to go to the GJ to get indictments directly, in which case defendants are not entitled to a probable cause hearing. Of course the accuser identified suspects on April 4th, but Nifong waited for the GJ to indict them instead of having them arrested, because this way they could not get a probable cause hearing.

Wegl Wegl said...

Digging stuff out of the back of my brain from high school civics class ....

The founding fathers were so afraid of the potential for abuse of governmental power the entire governmental system, top to bottom, was built with checks & balances to prevent what we are seeing in Durham.

A Grand Jury is *supposed* to be the citizens check against rogue prosecutors. All it has become is a rubber stamp for low level clerks to give themselves credibility.

Sad, sad, sad.

Anonymous said...

Did anyone one of you learned folk watch the Duke report on Greta tonight?

Ted Williams as usual forgot his valium .

But the feeling of the panel was that the trial will go ahead!

Ted Williams commentated that Rep Jones is out of order writing his letters to the USAG??

They also indicated that the Federals will NOT get involved only offer lip service!

Is this what bolsters Nifongs arrogance?

Victim in Massachusetts said...

KC from what I just finish listening to on the record with Greta, Ted williams thinks that what the congressman is doing is obstruction of justion.

So if the US. DOJ won't look into this for all of the civil rights violations that have been done to Reade, Collin and David than there is no justice system in america anymore. I am now sorry to call myself an american.

What is the Justice Department afraid of standing up and doing there jobs for all americans and not just the AA's

Anonymous said...


New`Zealand had a notorious case I think in the late 70,s.
Rogue Detective, etc who planted evidence to get an innocent guy.

The guy was sent to prison but was pardoned later by the Primeminister Mr Robert Muldoon.

There is a very interesting video titled ; "Beyond Reasonable Doubt" starring the late David Hemmings.It shows all the games the prosecution got up to "GET THERE MAN"!

They sometimes have copies on Amazon.It's a bit grainy but shows what happened when the prosecution MUST have a sacrifice.


Anonymous said...

Someone put a copy of the entire Change of Venue document on this website.

It needs to be here.

Anonymous said...


Say Please

Anonymous said...

These three guys will never vote for a Democrat and they will never look at a black person the same way again.

Just a natural response to such an experience.

All this kum-ba-ya bullsh*t about loving your fellow man seems kinda molded now. Maybe it's good for everyone to see these disgusting Idi Amin animals.who are glad to see three young guys framed and made to suffer for something they didn't do.

Rot Durham! Rot!

Anonymous said...


Anonymous said...

Bill Anderson - I also saw ted and Bernie on FOX. Complaining about Rep. Jones interfering in the judical process. Definely thought it would be wrong of the DOJ to conduct an investigation at this time. What is this about? What do you think about their position?

Anonymous said...


It's all about restitution by Nifong to appease the AA for voting for him and all there combined sufferings.

The Durham AA community require a white sacrifcice to make up for there hardships over the centuries!!! Guilty or not !

No other race has ever been treated so harshly?????

Tonque in Cheek
Whitey in Durham

Anonymous said...

Bill A,

I to watched the panel on Greta and felt so deflated afterwrads it was unreal!

Is this where we have arrived at after 230 years. Tom J and Ben F must be spinning in there graves.

I lost a lot of respect for Bernie tonight. Ted is the joke he always is! The other guy seemed pretty well on the mark!

I just hope and pray the Alberto G makes an example to the rest of America. Otherwise we are sunk in North Carolina.

Imagine Nifong let loose on other cases after this mess?


Anonymous said...

It's time to write to Roger Ailes, the head of Fox News, about Williams and the other ridiculous and uniformed guests on Greta's show. Does Greta pick the guests or does some producer decide. Ailes needs to know we're paying attention and won't put up with this.

Anonymous said...

Sorry. It should be uninformed guests.

Anonymous said...

"These three guys will never.... look at a black person the same way again....Just a natural response to such an experience."

You never know. I am impressed witht he character of these guys.

A friend of mine was a victim of the Zebra murders in the '70's (points kept for whacking whitey). He was physically scarred for life and his wife was murdered. He has not 1 oz. of predjudice - He'd argue that such a life changing event just blows through all that crap.

Other: " I also saw ted and Bernie on FOX."

It's all 'street theater'. These 'talking heads are rarely on the 'boob tube' because they know better - and they know they're there to "PLAY A ROLE" - which gets them a check. It really is that simple.


Anonymous said...

yo, victim in MA do you have a link to what Ted Williams said?

Victim in Massachusetts said...

12:19 thanks here is the link


this is the entire transcript from tonights show.

Anonymous said...

that link is for last nights the 18th show the one for the 19th isn't up yet.

Anonymous said...

to 'theman' you're the best! Keep up the intelligent commentary! And you are right- given all the educated points you've made, we can finally conclude she was definitely raped! Gee KC, how did you miss this? (sarcasm) ps- theman, surely went to UNC and is simply trying to be just silly, it's kinda cute how he just says adorbale things to get our panties in a bunch- don't let him bait you. Unless of course he finally says something meaningful...to date we know that hasn't happened...ok. I'm finished picking my wedgie that is 'theman'. We're over you.

bill anderson said...

I don't have cable TV, so I never watch any of the TV news shows. (The only time I watch TV is when I go to a friend's house to watch college football and basketball, and those times are quite infrequent.)

But the "talking heads" sound to be talking idiots. But you also have to keep in mind that the Ted Williams and others of the world make their living in the system, and it is doubtful that they are going to say just how crooked it is. These people generally are hacks, and they show it.

Anonymous said...

To 11:03;
The Feds likley do fear getting involved here because it simply is not poltically correct to stand up for the rights of white upper class Americans. Now if these boys were minorities, this would have been over long ago.

Unfortunately with the (liberal) Dems taking power in D.C., no federal agency would take this on and dare offend their liberal anti-discrminiation ideals and liberal reverse-discrimination policies.

As a white middle-class american, I feel the conutry has decayed to the point where I have less--not equal--rights compared to minorities.

Anonymous said...

Why can't the FEDs find out whose DNA is in, on, and around Crystal. I'll bet its some official in Durham who doesn't want his voters to know he visits hookers.

Anonymous said...

I missed this post and comments yesterday. I saw Ted Williams and Bernie _________, too. The comments they made were very striking, especially for defense attorneys. Rather than seeing this case as a terrific and much needed opportunity to "Sarbanes-Oxley" the country's prosecutors and tighten prosecutorial standards, Bernie and Ted seem to be sinking in a quicksand of negative thinking--this is the way it's always been, always will be, and if the DOJ tries to help the situation, well then, that could be obstruction of justice. Certainly I believe Ted and Bernie are playing assigned roles. They should either offer some real reasoning or decline Greta's invitation to be a guest on the show. This nonsense makes them look just plain silly.

Hooray for the liberal Dem from Durham. Do you have any pull with your representatives?

And the issue of probable cause (along with Grand Jury proceedings and Preliminary Hearing requirements) is huge. Could and should spawn (and may have already spawned) some important law review articles and eventual reform.


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