Friday, April 13, 2007

Mike Nifong, Criminal?

An intriguing column in Slate from UNC law professor Joseph Kennedy--making a compelling case as to why Mike Nifong might face criminal charges, either for obstruction of justice or for federal civil rights violations.

Kennedy's conclusions:

Even if Nifong did commit a crime, should he be charged? Do we want our prosecutors worrying about becoming defendants themselves? If they deliberately suppress evidence of innocence, I think we do. The law is written to ensure that charges will be brought only against a prosecutor who was deliberately trying to completely withhold evidence that suggests innocence. Prosecutors who made a mistake, or stalled, are off the hook.

And consider this parallel: In securities cases, we indict corporate officers for obstruction of justice when they delete e-mails if we think they are trying to hide material from government investigators. Rogue prosecutors merit the same treatment. The prosecutor's obligation to disclose evidence suggesting innocence protects innocence. Prosecutors should know that when they deliberately thwart that protection, they do so at their own great peril.

81 comments:

Anonymous said...

I feel his behavior was so egregious that he deserves criminal prosecution. He lied to the judge more than once. He concealed exculpatory information for over six months. He purposely failed to interview the complaining witness or other witnesses in order to prevent further 'stories' or exculpatory information from entering the record. He categorically refused to review or discuss third party ALIBI evidence.

He knew they were innocent and disregarded it. This isn't a case of being wrong. When your victim has a history of mental illness and false accusations and has told SIX different, mutually exclusive versions of the event, and no other evidence exists to support any of her versions, and there is factual, physical evidence that contradicts her, EVEN IF YOU BELIEVE her, even if you believe she's a total nut job but that somebody raped her, her cannot continue with the case.

Anonymous said...

Here's hoping.

GS said...

Why hasn't the judge in the case, charge Nifong with lying to his court, contempt of court?

Will Judge Orlando Hudson act on the motion to remove Nifong from office?

Anonymous said...

Go for it! He had no conscience when he went after Dave, Reade and Collin. Why should anyone hesitate to prosecute someone against whom there is plenty of evidence??

duke2009mom

Anonymous said...

Here's an addition to that
reasoning:

Since NoFang continued to
insist - (after April 10) -
that a crime occurred, and
there was DNA of SOMEONE
on the person of CGM,
then Nifong should have
taken the evidence, looked
for the "real" perpetrator
and dropped all charges
against the boys.

That is, IF he believed that
a rape occurred. And if he
did believe that - (in addition
to being stupid) - then it
he was withholding evidence
of a separate crime.

Mac

Steve White said...

One of the things that this case must do now is demonstrate that the word 'justice' has equal meaning under law.

There is a tendency on the hard, progressive Left to deconstruct words, and demonstrate that words are relative, just the same as cultures and ideas. Whether one does this formally or as an assumption (e.g., Terry Moran's ABC Blog today reminding us not to feel sorry for the 'Dukies'), there is a notion that justice means different things in different situations.

That is nonsense, and the Nifong case must demonstrate that to be so. Justice has a single meaning and it applies equally to all citizens in our country. A rogue prosecfutor must be punished just as a criminal, rich or poor, must be punished.

Justice cannot be deconstructed. Mr. Nifong's wrongs must be punished, and society must see that a rogue prosecutor is brought to heel regardless of the station of those he has almost ruined.

sceptical said...

While Nifong deserves criminal prosecution, those in his office (Linwood Wilson) and in the Durham PD (Gottlieb, Clayton, Himan, Addison, Soucie and possibly Lamb) who aided and abetted him also should be investigated. Who is going to do this? Certainly not the Durham County prosecutor or the Durham City Manager. Bring in the Feds!

Anonymous said...

I would say if believed a Duke player raped her, he still would have to drop the charges becuase her IDs were not credible, she failed to ID the three boys, IDd people who weren't there.

There is no shame for a prosecutor to say "Hey, I believe a crime occured, but I can't prove it, I don't know reliably who the perpetrators could be, and my witness is too shakey to stand up in court."

There are plenty of cases where crimes did occur and no one gets charged due to lack of evidence, or a witnesse with a lot of baggage. The fact that he went forward in this case based solely on the word of a convicted criminal with a history of false accusations and mental problems is MONSTROUS.

Anonymous said...

The latest Time Magazine on line has an article entitled "At Duke, The Case of the Rogue D.A."

http://www.time.com/time/nation/article/0,8599,1609677,00.html

The caption on Mike's picture caused me to burst out laughing. It calls him "Former Durham County District Attorney, Mike Niphong" I can only hope they can see into the very near future, or know something that has yet to be made public.

Jim

Anonymous said...

I watched the hearing and saw a defeated man. Can you imagine his life since Wed. afternoon. The public scorn is palpable. All the arrogance is gone. Awww!
I don't feel sorry for Nifong. I feel sorry for his lawyers. Why did this public hearing occur? The judge said it wasn't needed. I think Nifong is running his own defense. Freedman distanced himself from the "apology." Witt was witless. Who could argue this effectively?
I don't think we'll see a trial. I think Nifong was testing the waters. He has enjoyed being part of the good ole boys' network for years and thought he could find a friend somewhere. Wrong. When the good ole boys turn, they turn as herd.
I predict Nifong will resign to avoid another public humiliation. Freedman and Witt will dance in the streets.
The only thing Nifong and his crack legal team accomplished was to know for certain that he will not prevail at trial. The way the judge talked about him as if he wasn't there was chilling. "We have to decide if he talked too much and if he hid evidence."
The BAR lawyer was excellent. I liked it when she said that they considered an indictment an important stage. They now also have it out that Nifong knew the complete DNA results when he indicted. The civil lawyers must love that.

Anonymous said...

Taking all bets. Just had this discussion with many lawyers at club, they all think Nifungu will skate, EXPECT our "Bar Buddy". He won't say a word about this, but his silence speaks very loudly.

The Democrat Party needs a purge, and Mikey is just the guy to help them out. If the State doesn't step up, the Fed's will.

My bet with the boys, Mikey serves time!

What say you all?

Kemp

Anonymous said...

from a non-lawyer / retired professor: Wouldn't it be ironic to seem him in handcuffs and having to post $400,000 bail? And maybe he can spend about $80,000 per month on lawyers for over a year. I wonder how he would feel about exculpatory evidence being withheld by a prosecutor and he has to spend his own money to decipher / uncover "missing" discovery info.

Anonymous said...

And, someone deleted the 911 tapes. If it was helpful to Nifong they would have been saved.

jamil hussein said...

Do you know where to look for the pictures from last year when Nifong was full of himself?

Especially the one picture at NCCU where Nifong hugged a black girl and said in the same event that "my presence here means that the case is not going to be dropped" and the racist audience was wildly cheering and applauding. I think that event was significant for Nifong's ego and his decision to continue at any cost. I bet he started dreaming about Senator Nifong then.
(now he may have to settle for congressman Nifong, D-Durham).

Anonymous said...

Kemp,
Does anyone think that
NoFang has the fangs to
continue to be effective?
("effective?")
He's been shown to be
incompetent, a prevaricator
and malicious.
He couldn't do his job right
in this last case: why does
anyone think he can do any
better?

Why do your bar buddies think
he's going to skate?
I'm confused.


Mac

Anonymous said...

I never heard the 911 tape was deleted.

Anonymous said...

One of the little ironies of this case is that Nifong is a victim of the Peter Principle.

He was a little man who spent 25 years in traffic court. If he hadn't been promoted to his level of incompetency, he would have been just fine -- coasting another 5 years and waiting to collect his pension.

As they say, power corrupts.

Mike in Nevada

Anonymous said...

Several recent occurances have nearly restored my belief that karma is truly at play in the world and evil deeds are paid for one way or the other.

Mike Nifong, a bully for so long is now the defendant, his career shattered, facing possible criminal charges, totally disgraced.

Anna Nicole Smith's estate and her body are getting the same undignified, money grubbing treatment she gave her late husband.

Paul Wolfowitz is chalking up another failure at the World Bank, soon to be forced out for making the same mistake he's made throughout his political career.

It almost makes me believe god exists.

Anonymous said...

The Durham PD initial tape was not saved. It contained the only truthful statement from the police or prosecutor. The responding officer to Kroeger's radioed back to HQ's that she (the FA) was just drunk and passed out.

Anonymous said...

Mac,
Don't get confused, maybe it's my fault, there is only one "Bar Buddy" he's the Bar Counselor, one of 32. The rest of my "Bar Buddies" are just my drinking lawyer friends, I know I have no taste in friends, what can I say, but they are MUCH younger, 15-20 years, that the real "Bar Buddy". The real Bar Buddy won't touch my questions about Mikey's jail time, that gives me hope that it could happen. That and the fact that another "buddy" AKA now a federal judge, suggested this fall that Mikey was in DEEP Sh*t.

Taking all bets!!

Kemp

jamil hussein said...

Mike Nifong in 2006 in Vote or Die event for the democratic party at NCCU.
Nifong: Vote or Die at NCCU

Anonymous said...

KC
Cooper said it himself... no speculation there will be a criminal investigation...

Here it is straight from the transcript

Q: What about Mike Nifong? Do you think that his actions warrant a criminal investigation?

COOPER: Well, I think it's important that we let the process work with the North Carolina State Bar Association. Our investigation dealt mostly with the facts of this case and making a decision. Their investigation is dealing more with the pretrial comments and with the discovery issues on the DNA that our investigators really did not get into the details of that.

I think once the bar finishes that hearing process, then we will know more about that process when it comes.

Q: Is it a possibility?

COOPER: It's certainly a possibility, but I don't want to -- to speculate at this point. I think all options are certainly on the table


westpole

Anonymous said...

to Mike at 811 from a non-lawyer/retired professor: I am not sure the Peter Principle appies here. I have seen no evidence that he was competent in traffic court.

rod allison, detroit said...

Nifong is going to have plenty of "time to read fiction" when he's out of a job, or better yet, in jail.

Anonymous said...

Georgia Goslee was just on "The Factor" ... still referring to CGM as "the victim." ... Pathetic!

Anonymous said...

I wanna see waterhead Gottlieb go down!

Anonymous said...

To gs at 7:51
Judge Hudson has said he won't consider to motion until the State Bar has completed its trial. To me, that seems like an easy out for him: they disbar him, he approves the motion; anything less than disbarment, he denies the motion.

Anonymous said...

Georgia Goslee on Fox News:

She still qualifies the dismissal of the case because of insufficient evedence .... not that the guys are I-N-N-O-C-E-N-T.

She still wouldn't answer any of the questions regarding her criticism of the players. She just kept repeating herself (yelling) that she respects the decision of the court.

These people amaze me....

Anonymous said...

Kemp,
Could that Federal Judge be in WNC? I have heard the same in Asheville!

Anonymous said...

Hopefully, maybe, the full report of the AG's office coming out next week will finally shut everyone up about 'lack of evidence' and prove to the remaining supporters that Crystal lied. There was no rape.

But, my guess is Wendy Murphy and Georgia will never admit it.

Jayelwin said...

KC,

You should comment about the blog entry posted to ABC news by Terry Moran. I'm very impressed at the barrage of comments (>5000 so far) almost totally directed against him. It is clear where the opinion of the population lies (at least the blogging population). And I'm talking long, well worded comments clearly written by intelligent people. By far his most infamous blog post to date.

Anonymous said...

8:00PM That would be his just desserts. Obviously, he is profpndly depressed - what I don't get is how is he so surprised and shocked by his chickens coming home to roost?

Joe Bingham said...

Wow, just watched ABC nightline bit. Unreal how stupidly biased the first 2 minutes are. Unreal. They totally spin the facts, especially that stupid email. Dear God.

GS said...

Fox needs to stop using Georgia Goslee and Wendy Murphy. They can not admit they were wrong. They will not admit the damage they did. Watch Georgia Goslee dance around and say anything but innocent was sad. She also was yelling and cutting off the Fox reporter. People yell when they know they have no valid argument, debating 101, they also refuse to answer the questions.

Anonymous said...

Slate has a good (and true) point that in our justice system it is easier to prosecute Nifong and throw him in jail than it is to sue him.

GS said...

Good let Nifong spend his money on criminal, civil and Bar hearings.

Anonymous said...

Yes, Nifong is a criminal who deserves 30 years' imprisonment.

Guess no one cares that Precious Panties got away with murder

Anonymous said...

Georgia Goslee?
Probably thinks the small
amount of evidence that
DIDN'T point to OJ (if there
actually is such a thing)
means he's innocent:
likely thinks that NO
EVIDENCE WHATSOEVER in
the Hoax means that
"something probably happened."

Yeah, like the mystery
anti-gravity device, holding
CGM up? (is that what
she said?) CGM could
reveal who possessed such
an invention, and our energy
need would be met forever!

("they're coming to take me away,
he he, ha ha, to the funny...")

Looks like CGM isn't the only one
in need of anti-psychotic meds.

Mac

Anonymous said...

A district attorney charged not only with finding the truth vs. getting a conviction, who also is duty bound ONLY to file cases he believes have a realistic chance of winning does not compare in culpability to a drugged up, boozed up, mentallly ill, bipolar stripper.

Yes, she did wrong to make a false report and falsely ID 3 boys who did nothing to her.

But crazy people make false confessions all the time. The responsibility of the police and the DA is to investigate cases in order to weed out loonies who see aliens in the closet or repeatedly falsely claim they were gang raped and beaten up by 3 men.

GS said...

Forget "The responsibility of the police and the DA is to investigate cases in order to weed out loonies"

The DPD and Nifong rigged lineups hid evidence, way beyond bad judgment.

Anonymous said...

Oh I totally agree. I just don't think the crazy stripper bears the same level of responsibility as Mike Nifong and the DPD.

We generally cut drug, drink addled crazy people some slack. I'm not sure she shouldn't have still been prosecuted for lying about her rape and forced to use mental defect as her defense, but I'm okay with it, considering how far Cooper has gone to exonerate the boys.

Anonymous said...

Mac,

Nifong could escape because the N.C. Bar is a good ole boys network proven to protect thier own. In two previous cases they have failed to nail prosecutors to the wall over similar offenses. Its all good though.... I think if the Bar fails to act accordingly, The State and Feds will step in. Disbarment really is nothing... Nifong could face Civil Rights charges, and then...Katie bar the doors.

Mad Hatter said...

Re: 7:54 p.m.

Thank you Steven White. I am in total agreement.

Anonymous said...

P.S. The photos I have seen of C.G.M. on the evening in question, are repulsive and scary. I wouldn't do her if it were with permission or without. I may be white, but I'm neither young, athletic nor over-priveleged. I could easily live one day more without poontang, before I did that!!!

Anonymous said...

8:33
I refuse to answer that question, but here's a hint, he "was" a US AG somewhere in NC until recently, now he lives not in the same district he was a AG.

Oh, did I mention he's 6'4" and has a good looking wife? I am guessing someone can figure this out!!

Kemp

Bella said...

9:05,

Judging from today's hearing, I'm pretty sure the good ol' boys club no longer includes Nifong. There appeared to be no mercy, and rightly so. This has been such a public and outrageous offense, I don't think he'll simply get a slap on the hand.

Anonymous said...

KC, this is my first time posting, but I've been reading for a year. Thank you so much for everything.

My two comments: 1) I want criminal and/or civil proceedings with lots of discovery. I want to hear ALL the details of the conversations that led to the "lacrosse players only" line up. Someone must have said, "this is all wrong" and then Nifong? or someone else? must have said what? We really need to know exactly how explicit this fraud was. I want the precise delineation: stupidity here, malice over there, plain evil everywhere.

2) When this all settles down I would like to humbly suggest to you, KC, that you go after Scott Harshbarger. He still sits as CEO of Common Cause, a mandarin of the bien pensant, and we all know - and he knows - that he destroyed the life of Gerald Amirault, simply to further his miserable career. Dorothy Rabinowitz did great service on behalf of reason with respect to this case, but Harshbarger has so far escaped the full measure of calumny he deserves.

This case featured the same malfeasance by the media and even some of the same wretched characters including, believe it or not, Wendy Murphy, former law partner of the direct prosecutor of the case, Larry Hardoon. You will never find a more wretched hive of scum and villainy.

I know that this will be hard for you Wonderlanders to believe, since Nifong is so perfectly despicable, but Harshbarger was actually even worse in his tort against reason. He had to pretend to believe the coached testimony of children who also made all kinds of accusations of people flying around on brooms and things like that. I don't know all the details, but I do know an outstanding historian who has the discipline and skill to ferret out the truth.

Harshbarger must pay.

Anonymous said...

Bella,

No offense, but don't be gullible. This good ole boys network will act as if they are hanging someone out to dry, while they are preserving his carcass. It wouldn't be the first time that they put on the show that they were prosecuting to the fullest extent of the law, but wound up slapping the wrist of thier favored defendant. Nifong , obviously wasn't going after a slap on the wrists for the Duke 3, but now he pleads that this is the worst he deserves. The good ole boys would have shot the Duke 3 in the back, let's see if they are as determined with one of thier own.

Anonymous said...

JLS says...

Certainly all DAs should be subject to criminal prosecution when they break the law, just like anyone else. That is one of the biggest parts of this case, a government functionary putting self interest above little peons like me and the now former defendants. I certainly want all DAs nationwide looking over their shoulders worried that they might be indicted if they break the law.

Nifong particularly deserves prosecution because he corrupted not on the judicial system but the electoral systems of Durham. For that he deserves a long prison sentence.

Anonymous said...

So, if Nifong is disbarred and loses his job, what's to stop Easley from appointing Tracey Cline (Nifong's #1 fan in his office & second chair in the malicious prosecution of Reade, Collin & Dave) as DA? Watch it happen.

- The Pessimist

bill anderson said...

Do you know where to look for the pictures from last year when Nifong was full of himself?

Jamil is so right her. So right.

I fully agree with this post. Nifong needs to meet the bar of justice, and since he wanted to put innocent people into prison for 30 years apiece, he needs to go to prison himself. There is no other way to make this situation right.

There is no way to spin what he did. He withheld evidence, lied, and generally did whatever it took to get these young men railroaded. Please do not tell me he was sincere. The evidence did not match up, something the rest of us could see quickly.

And, no, I have no sympathy for him. I had no sympathy for Adolph Eichmann, either.

Anonymous said...

It would be good to know more about the absurd Massachusetts case. How does Harshberger land a cushy job at Common Cause? The Amirault frame-up is seared in memory because of Dorothy Rabinowitz' superb reporting on the Wall Stree Journal editorial pages — not the sleepy Journal news pages. But the Internet bloggers had yet to come on as a force; the mainstream press didn't appear to be interested. Some of the Massachusetts newspapers were disgraceful.

bella said...

9:37,

I think you're wrong but time will tell.

GS said...

So Tracey Cline (2nd chair in Duke case) would have reviewed the case, and did not raise any flags?

Tracey had access to the evidence or lack of said. Someone needs to file a complaint with the Bar association about her. They also need to investigate all the other ADAs in that office.

Anonymous said...

"Oh I totally agree. I just don't think the crazy stripper bears the same level of responsibility as Mike Nifong and the DPD".

Try as I might (and admittedly I haven't tried too hard), I can't find a pang of sympathy for Nifong. He deserves the worst that can be conceived. No quarter.

But the accuser is a different matter. Granted, she was wrong and wicked for making false accusations. But she is not remotely in the same position as Nifong (and others). If stories are to be believed, she is poor, desperate, drugged up. In 10 years time, the three accused are likely to be much better off than she is. Those with some compassion are bound to feel some pity for the woman and make some allowances for her behavior. She is the stick with which Nifong assaulted the three lacrosse players. Talk of suing her in civil court (as some here have done) is cruel.

In the allocation of blame and moral turpitude, this wretched woman is well down the list, after Nifong, scores of journalists and academics, several senior university administrators.

GS said...

I would sue just to prevent her (the false accuser) for profiting by selling her story. She would not show up in court and the players would get a default judgment.

Anonymous said...

I may be naive and idealistic about this but I think the "old Boy Network" is going to work against Nifong now. Public opinion has turned hard. Cooper has now said that Nifong has abused his authority and tried to railroad 3 innocent people into jail. The Bar proceedings are very damning.

The criminal justice system depends on the faith of the public that the police and prosecutors are not going to knowingly throw innocent people in jail. Nifong has damaged that faith.

For that reason I think they need to send a message to other prosecutors and reassure the public that what Nifong did was isolated but will not be tolerated.

Many of the people involved now are in politics or have political asperations. If they go easy on Nifong they will have to explain that to the voters someday.

What do they have to gain by going easy on Nifong? Nothing. What do they have to lose by going easy on Nifong? A Lot. The Old Boy Network is going to close its ranks and toss Nifong to protect themselves from an angry public.

Anonymous said...

At 10:20 gs said...

"So Tracey Cline (2nd chair in Duke case) would have reviewed the case, and did not raise any flags?

Tracey had access to the evidence or lack of said. Someone needs to file a complaint with the Bar association about her. They also need to investigate all the other ADAs in that office."

Yeah. Practically no one (even here) knows about Tracey Cline. And yet, of the 2 prosecutors on the case, she was the one with more experience with sex crimes cases. In fact, at the time the case began, I think she was the only ADA in Durham who exclusively prosecuted sex crimes.

Interestingly, she was one of the first people to defend Nifong's slander of Collin, Dave & Reade as permissible under NC bar rules since it (according to her) all took place prior to indictment. One wonders if she got that theory from Nifong or gave it to him.

Funny how even though she was undoubtedly instrumental in the malicious prosecution of the Duke Three, she'll walk away from all this unscathed - and maybe with a raise and promotion to DA if Nifong is ousted.

- The Pessimist

Anonymous said...

JLS says...,

re: anon 8:09

I never heard the 911 tape was deleted.

It wasn't. What was deleted was the tape of the DPD radio communications for that early morning. The DPD pretty clearly knew of her and did not believe a bit of her story.

You can imagine if the police you initially encounter do not believe you, that certainly creates reasonable doubt. The defense asked to have it preserved at the first hearing on the case. The judge [Stephens] denied the oral motion for such an order and it either had been or soon afterward was deleted.

Gary Packwood said...

Anonymous 10:22 said...
..."Oh I totally agree. I just don't think the crazy stripper bears the same level of responsibility as Mike Nifong and the DPD".
::
I find myself tonight in Hollywood mode, imagining Crystal with help from J. Jackson's dollars working hard to finish her Criminal Justice degree so that she can take a job with the Durham Police Department and eventually assume responsibility for their Internal Affairs Division.
::
GP

Anonymous said...

Hey Kemp,

Any chance you meet your bar buddies at a Triangle-area seafood house?

Luke said...

Reade Seligmann's attorney, Jim Cooney, has posted an entry on Liestoppers Board topic Hero of Heros Brad Bannon.

Jim Cooney's entry

Anonymous said...

Why should anyone hesitate to prosecute someone against whom there is plenty of evidence??


Mr. Nifong should not be prosecuted because he apologized yesterday.

bill anderson said...

It would be good to know more about the absurd Massachusetts case. How does Harshberger land a cushy job at Common Cause? The Amirault frame-up is seared in memory because of Dorothy Rabinowitz' superb reporting on the Wall Stree Journal editorial pages — not the sleepy Journal news pages. But the Internet bloggers had yet to come on as a force; the mainstream press didn't appear to be interested. Some of the Massachusetts newspapers were disgraceful.

Apr 13, 2007 10:12:00 PM


Don't forget that the Great Hag of the Hoax, Wendy Murphy, also was a cheerleader for the despicable Harshbarger in the Fells Acre case. The MSM pretty much will be slaves to prosecutors, unless the prosecutors violate PC notions.

Anonymous said...

Kemp,

I agree that Mr. Nifong will go to jail...which means we are betting on the same side and that doesn't get us very far. Maybe it makes more sense to bet on the number of years to be served.

Observer

Anonymous said...

"Mr. Nifong should not be prosecuted because he apologized yesterday".

Is this serious? Is Nifong now posting on this blog?

Anonymous said...

In the absence of wit...

"I find myself tonight in Hollywood mode, imagining Crystal with help from J. Jackson's dollars working hard to finish her Criminal Justice degree so that she can take a job with the Durham Police Department and eventually assume responsibility for their Internal Affairs Division".

Anonymous said...

It just doesn't make sense that Nifong would have railroaded these boys to win an election where he might financially gain $400 more/week. There must be a bigger reason.

Anonymous said...

Kemp@9:25pm--
What the hell are you talking about?
Some of the people on this board are in their 30's and 40's.
How would they know the old coot you're talking about? Name him or shut up.
Frankly, I'm impatient with your "Deep Throat" crap.
Although I enjoy your updates.
How old are you? Have you always lived in Durham?
You said you're in the publishing business. The name Kemp sounds familiar to me for some reason.
Who the hell are you?

Anonymous said...

12:28
Then you are naive. In Durham, or any small city, $400 extra clams a week is alot of money for an old retired paper shufflin' attorney.

Cedarford said...

I'll be the skunk at the Party!

I think Cooper punted the matter of criminal wrongdoing to the Bar, and only as they decide on matters of whether they, the Mighty Bar will conclude a limited set of ethical violations involving Nifong, Nifong, and ONLY Nifong rises to criminal acts.

Q: What about Mike Nifong? Do you think that his actions warrant a criminal investigation?

COOPER: Well, I think it's important that we let the process work with the North Carolina State Bar Association. Our investigation dealt mostly with the facts of this case and making a decision. Their investigation is dealing more with the pretrial comments and with the discovery issues on the DNA that our investigators really did not get into the details of that.


It sounds like a very narrow inquiry was done. Only as applied to Nifong, the accuser, and defendents.

Even with Mangum, notice she was not part of his statement at all. A reporter had to ask her status.

Nothing was said about any conspiracy involving cops, ADAs, or investigators. I fear, because Cooper chartered his minions not to look into those matters. If someone had said rumors existed that Gottlieb and Mikey had buried an body in Nifong's back yard...I bet you you would get a response from the SPs

"The charter we were given was to investigate whether a case existed with the Duke players and if the DA was right pursuing that case. No dead bodies were investigated.
No misuse of state funds. No inquiry into civil rights violations, conspiracies or witness intimidation. Not our job, mon!!.."

What I fear is NC State is not investigating matters of criminality. And the Bar is only investigating those matters related to the ethics complaint on only one person involved in the injustices and abuse of power. I fear the set-up is geared at only making Nifong alone a target for repercussions on three limited matters dealing with complaints - and trying to keep his enablers unscathed - be they city officials, cops, ADAs, private citizens, investigators, even judges that would be found to have violated the law IF they were investigated.

Maybe I will be pleasantly surprised and see in Coopers written report the result of Sps getting formal statements from Himan, Gottlieb on their ID notes, Grand Jury testimony, what they knew of the Nifong-Meehan deal to with hold evidence. Maybe I will be delighted to see the matter of using Pittman's parole status to lead her to change her mind about "the crock" and Elmostafa's arrest will come in Cooper's written report. Maybe there will be transcripts of what Nurse Levicy told SPs, what witnesses said about Nifong's statements to them that getting the Duke players meant black votes. Maybe they did interviews with Addison and the civilian chick to see if the defamatory media campaign they engaged in that physically endangered the players came at Nifong's orders. Maybe they inquired what fraudulent expenses Nifong foisted on the taxpayers of NC for additional forensic or legal experts beyond the DNA lab expenses once he knew he had no case. And what use of State funds he did financially for the whore to keep her compliant and saying "the right things", and we will see those detailed expenses on the state tab that Nifong authorized listed in the SP Office's "summary". Maybe we will know if Investigator Linwoods "magic" Dec interview, Gottlieb's "recovered from memory notes", how the cops felt about orders for working for The Fong and perverting established lineup procedures were explored. And maybe we will learn who is now "fully cooperating in investigations of outstanding criminal and civil rights violations".

Maybe some or all of that will be in Cooper's report.

But I am skeptical any of it will be there.

And the Bar is dealing ONLY with 3 matters of ONLY Nifong's ethical violations. Nothing about what other lawyers or non-lawyers did.

So whose job is it? I think the good 'ol boys under Gov. Easley are shooting for saying "nobody's!!" -Nobody's!! - And trying to limit all consequences just to Nifong and his being professionally and financially ruined, but never standing trial for criminal acts....Hoping that is the end of the Duke Lacrosse Fiasco, everyone else is out of any responsibility for their actions --

While Cooper and his two SP's did an honest, good job in their limited scope assignment, I expect it is not vindication of the Lacrosse Players that was their real goal. It is instead a big hearty handshake from Gov Easley and State Democrat Leaders undying gratitude and support to mark the conclusion of Cooper's successful Damage Control Mission and wrap-up & cleanup of the case.

Color me cynical..

Anonymous said...

JLS
Re: 10:37

Judge Stephens destroys
evidence?

Interesting. Will we be
seeing him in similar
proceedings?
(right - must still be dreaming:
it's 4:40 am)

One can hope.

Mac

Anonymous said...

Two things I shall never forget about this case are the sight of David Evans, Collin Finnerty and Reade Seligman being paraded in handcuffs and the lacrosse team reporting for the NTO order and some pulling hoods over their faces to offset the barrage of the cameras.

In both cases, the media had been well alerted in advance to the fact that these events were coming down.

While vengeance may be the Lord’s prerogative, I am not going to rest happy about this case until I see Nifong doing the Perp Walk.

Diesel

Anonymous said...

No need to discuss concealing exculpatory information, etc: What Nifong CONSCIOUSLY attempted to do was destroy three families. This is a vicious crime of such magnitude that:

EVEN DISCUSSING THE POSSIBILITY THAT THIS BASTARD WILL AVOID PRISON TIME IS ITSELF A CRIME.

Polanski

Anonymous said...

LAWYERS:

Is there a statute in North Carolina akin to felonious malicious prosecution?

If not, there should be. Agreed?

Polanski

Anonymous said...

8:11pm Mike & a non-lawyer/retired professor:

LOL, professor, excellent point on the Peter Principle!

8:11 - Nifong was a felony prosecutor before he took time off in the late 90's for prostate cancer treatment.

JHirschi said...

Prosecuter Mike Nifong's behavior was reprehensible and should be the concern of every citizen of this country. If behaviour like his goes unpunished, our justice system is sullied, and who's to say that any law-abiding citizen might not encounter the same nightmare in the future. I'd donate to a legal fund in an instant for these victims of Nifong for their expenses so far or to go after Nifong.

Anonymous said...

A conscientious objector in the Vietnam War, he had boasted about a career of high ethics.

Traitor: Check
Coward: Check
Liar: Check

Anonymous said...

To Cynical Cedarford,

I think the ongoing, widespread interest in this crazy case and the possibility/probability of a federal investigation may keep North Carolina officials attentive to the clean up and disinfecting that is so very much in order. The logistics of exactly who in NC should and could conduct the thorough and very necessary investigation is a bit of a teaser that I suppose leads right back to the AG's office. Since they seem to have done their job well thus far, I have to give them the benefit of the doubt for now. If they do not pick up the reins after the State Bar finishes with Mr. Nifong this summer (where a lot more dirt will surface), I will unhappily reconsider my position then.

Call me Pollyanna,

Observer

Anonymous said...

Cedarford, I like you just the way you are, you old skunk.

Anonymous said...

Atta boy, Mike. You have reinforced my convictions that the 'good old boy system' is alive and working well in North Carolina.You have destoyed the reputations of several good young men and walked out of the mess with the crazy adulation of screaming masses of idiots who think you did no harm.
What is needed here is the reinstituting of the Biblical principle of 'an eye for an eye'. Perhaps a modern day action by the courts similar to what Haman got-in other words-what Nifong planned for the lacrosse players he should get plus 10% because of his position of public trust.