Friday, June 15, 2007

Bar Rebuttal

Currently testifying is Tom Anglim--ass't DA in two different prosecutorial districts, graduate of NCCU Law.

Has tried between 200-300 courses; 65% of these cases involved discovery issues.

Responsibility of a prosecutor is to seek justice. Prosecutor has an obligation to turn exculpatory evidence, immediately, even if it's received orally and not in writing.

Nifong's statements were ethically improper, on two levels: (1) clearly heightened the condemnation of the accused--Nifong's statements effectively "nullified" constitutional protections enjoyed by anyone: right to remain silent, right to counsel, right to rely on the weakness of the state's evidence; (2) statements regarding the evidence that's going to be introduced.

Q: Is conduct of Nifong in the process of responding to discovery consistent with NC practice?
A: No. Results of examinations known on April 10--those results were never disclosed, in any form.

Prosecutors' requirement regarding results of tests are clear--if a prosecutor knows it, he has to give it. Doesn't matter if a trial date has been set.

Has experienced repercussions: in picking juries since last March, if the case is a substantial one, have to talk about the lacrosse case. Everyone knows about it. "It's altered the way we do business." Defense attorneys mention "the thing that's happening in Durham County" as way of heightening concerns with discovery.

Nifong's conduct has affected the "public trust in the integrity of our justice system." The whole purpose of open-file discovery was to avoid problems like this one.

We're now adjourned for the evening.

162 comments:

Anonymous said...

The duty of a prosecutor is to seek justice.

Works for me,

Anonymous said...

You mean the defense in not going to call nifongs mom to tell us how much truthfulness and integrity he had as a child.

Anonymous said...

KC:

Please keep up the good work.

Mr. Pepsi

Anonymous said...

Why is this witness necessary?

Anonymous said...

Hey Guys! Great Website! How do you think my testimony went today? I'm really pleased with my performance!

-- Mike N.

Keith said...

Nifong resigned.

Anonymous said...

"Nullified Contitutional rights"...

I'm loving this guy!

Anonymous said...

You did just great, Mike. Congratulations. Good think you wore a solid suit today. Before long, you'll get tired of wearing stripes.

Anonymous said...

To Keith.
No, he said he would resign.
Have you seen a resignation letter?
Did he give a date?
To 8:28.
As for why is this witness necessary?
Do you understand what rebuttal means?

Anonymous said...

VERY INTERESTING point by this witness: Inappropriate pretrial publicity deprives the accused of the right to rely on the weakness of prosecution's case. If the witness pool is tampered with, then the defendant is more likely to have a need to testify... despite his constitutional right not to do so.

Anonymous said...

Is the wral.com coverage on some kind of delay? I'm seeing stuff on this blog before the witness says it.

Anonymous said...

Mikey, you were killer today.
Lots of apologies heading your way.

Anonymous said...

Yes, Nifong has not officially resigned yet. The SOB wants every possible day of time towards his pension. As you will recall, Nifong told his campaign manager the reason he would seek election was to increase his pension.

Anonymous said...

Nifong looks like he's going to throw up.

Anonymous said...

Remember the FONG told Gov Easley he would not run for election. His talk of resigning as Durham Co DA is BS

Anonymous said...

Yeah, I was thinking Mike looks like he's about to hurl.

Anonymous said...

"Prosecutor has an obligation to turn exculpatory evidence, immediately..."

Is that obligation like when a falsely accused, falsely charged and falsely convicted person has an obligation to go to prison? Oh, wait, for the prosecutor it must be merely a strong suggestion, but in the end, somewhat optional, depending on the penalty if caught.

Anonymous said...

If I have ever represented a defendant charged with a felony in durham I am looking for any reason I can to get their case overturned on appeal.

The defense case reminds me of how a person might be treated if charged with a crime in China. The judges say the prosecutor has a great reputation? I think the AG needs to step in and hire all new judges and DA staff in Durham. That whole system is corrupt. Maybe CGM knew that and felt confident making up her bs.

Scary that this is the case. Do you think it only happens in Durham. I think Bertie county needs to be looked at as well because of the Gell case. If the lawyers in that county were facing what Nifong did, the judges there say the same thing. Well never know and that is scary.

Anonymous said...

Yes, much of what this rebuttal witness says is duplicative of prior witnesses. But he has said it more clearly than others. I was wondering if the Bar would put rebuttal witnesses on the stand who are experts in the Canons of Ethics to overcome some of the odd interpretations of the rules that the defense tried to present.

Anyone know?

jamil hussein said...

can't wait to see New York al-Slimes article tomorrow on page 78 titled "Nifong confirms bathroom incident". His political affliation is naturally not revealed.

Anonymous said...

Didn't Nifong ever watch "My Cousin Vinny"? He should, his knowledge of the law would increase 100-fold

jamil hussein said...

all those NC judges praising Nifong's honesty should be removed from office by NC senate. Now-congressman Alcee Hastings was removed from office by congress so state judges can be removed, as well.

Anonymous said...

I predict Duff Wilson leads with Nifong's resignation, how he was tearful, hopes his son is proud of him and that he still believes 'something happened' in the bathroom.

All of his obvious lying and Williamson's exasperation with him will go unreported.

Anonymous said...

Is this guy the last witness?

Anonymous said...

I love "My cousin Vinny." Watched it a bunch of times.

Anonymous said...

Immediately go to Phase 2...

WHOA!!!

Complete this entire matter tomorrow...

Anonymous said...

You may be right about the Wilson reaction. It will be very interesting, however, to see how he and Wendy Murphy spin it when his license is taken away. Even more interesting to see how they react when he is found civilly liable.

Anonymous said...

Coleman on again...

Anonymous said...

Coleman thinks SB will find him guilty of the most serious charges and his license will be suspended for some period of time.

Anonymous said...

why wont any commentators say he will be disbarred.

Its obvvious.

Anonymous said...

Hmmm... "something happened" where have I heard those words before???

Perhaps MN has decided to join the group of 88?

Anonymous said...

He may not be disbarred, has a DA ever been disbarred for withholding evidence?

I don't think its necessarily obvious, his license will be suspended for many years...but disbarred, 50/50.

The judges testifying may have had the desired effect:

"He's one of us"

Anonymous said...

Great Job KC. Thanks for keeping us non-lawyers in the loop with what is happening.

Anonymous said...

JLS says...,

I wonder if the "rebuttal" witness that was just on was really there for phase II but could not hang around until tommorrow? His discussion of the effects on the NC judical systems seems a bit like phase two material.

Anonymous said...

8:46 - Because the commentators will allow any determination to be made by the tribunal alone. They do not want to engage in the very conduct Nifong engaged in.

I listened, things are very bad for Nifong.

-Esquire-
-Maryland-

Anonymous said...

His lying to the Bar should result in his losing his license.

If they protect a liar, they're all suspect.

Anonymous said...

What a long day for you, KC!! As always an incredibly awesome job!! You deserve to have a great dinner with a nice bottle of wine to celebrate the end of Nifong's DA career!!

Thanks for all you have been doing!!

duke2009mom

Anonymous said...

He's 56(?) - suspend his license to practice law for 5-10 years and he's 61-66. That will [ ] up your retirement, especially when you can't get that juicy bone of being a DA (why he sought election).

Anonymous said...

this is 3rd world stuff at NC taxpayer expense. That assistant DA who last testified, was on state payroll time all week, and has an expense account.

Anonymous said...

He probably got tired of the filet mignon at the Angus Barn after 4 nights.

Anonymous said...

Looks like the justice system in NC has been corrupt for a very long time.

You mean with every new DA, they get to make up the own standards for what the rules of discovery are?

I have a feeling that alot of past convictions are going to be overturned soon.

Anonymous said...

Al Pacino is on Larry King tonight. Gotta go!

Anonymous said...

The whole NC system is suspect. Despite the sad attempts to blame everyone else for his gross/illegal misconduct as a D.A., it really exposes how nobody in the law enforcement community (police, judges, NC DA) stepped in to stop him. They ALL wanted to frame these boys.

I've decided to never ever travel to N.C. It's amazing what could happen to an innocent person. And being from the northern United states, I will fear for my freedom anywhere down south.

Anonymous said...

8:55 - I was wondering about that as well. They need a unified system on this. Bizarre. The Rules trump local practice, however.

-Esquire-
-Maryland-

Anonymous said...

"I don't think its necessarily obvious, his license will be suspended for many years...but disbarred, 50/50."

For the sake of justice Nifong should be disbared. However, as a practical matter it probably makes little difference. Nifong will never again work as a lawyer. Who would hire him?

Anonymous said...

"I don't think its necessarily obvious, his license will be suspended for many years...but disbarred, 50/50."

For the sake of justice Nifong should be disbared. However, as a practical matter it probably makes little difference. Nifong will never again work as a lawyer. Who would hire him?

Anonymous said...

KC,

I join the others who say thank you and if I could buy you a beer as a way to say thank you, I would. Instead, I did the next best thing and bought 3 more books. Thank you, Carrie

Anonymous said...

I wonder how much BarBQ Clyde Cooper sold this week?

Anonymous said...

I predict Nifong already has no recollection of promising to resign, and/or was misinterpreted-misled, and/or was simply trying to calm the community by using resignatory language. Plus it was a conspiracy, and all he meant was that he was resigned to being completely misjudged.

Anonymous said...

Nifong will never again work as a lawyer. Who would hire him?

It sure seemed like there were at least 3 character witnesses that would.

Anonymous said...

Who would hire him? ... this guy is a career DA... even without his law license, he can be brought on as a consultant or researcher outside the DA office. He might not know the law, but he knows all the names, faces, players, procedures, and resources.

Anonymous said...

8:57

NAACP NC office
Wendy Murphy
Victoria Peterson
NCCU
*Durham African American residents showing solidarity with the man willing to go up against whitey for them.

Or maybe not. He is going to be a parriah in legal circles and the circles he is used to, whether or not he could make a living as a lawyer, maybe yes and maybe no.

I predicted a 5 year suspension, then predicted disbarment, and after the serious of judges, am back to a 5 year suspension.

I would LOVE for him to be disbared, but....pretty harsh for a District Attorney.

Anonymous said...

Nifong is done testifying. He’s dramatically resigned from the witness stand. He’s admitted no significant wrong-doing, other than his desire to pursue his strong belief that something “happened to that woman.” He’s falling on his sword, and he hopes that his son has the pride in him for doing what he “thought was right.”

He’s going to come out of this smelling like a rose. The black community is going to love him. The Gang of 88 will probably demand he be given tenure at Duke, for 100+ grand a year, and the admin will probably offer him twice that much.

His pension is secured at twice what he would have made as a civil servant. If you don’t believe it, just check out Cash, Nancy, Al, Jesse, and the New York Times in the following weeks.

He’ll have the last laugh. Bank on it.

Anonymous said...

That was bad lawyering, IMHO, as to the character witnesses. He always turns over exculpatory evidence? Then why not this time? What was his motivation to hide that evidence? We know he was seeking reelection, and that he was in the middle of a heated campaign when this happened, thus, he did it to win the election with no regard to the requirements of justice, or the rights of the accused.

Closing should be fun to watch.

-Esquire-
-Maryland-

Anonymous said...

Just wait for the civl trial, 9:02. I don't think Duke would touch this guy with a 10 foot pole.

Anonymous said...

9:05 - Correct. The Section 1983 claim in US District Court is coming next.

-Esquire-
-Maryland-

Anonymous said...

Yea, the "civil trial" really clobbered OJ, didn't it?

Duke may not want him, but I'll bet Vanderbilt will give him an office...

Mandelbrot's Chaos said...

Today's coverage made Nifong look like a punch-drunk boxer who doesn't have the sense to stay out of the ring, and the Bar witnesses and attorneys just kept delivering vicious uppercuts at will. I don't know if he will be disbarred. For the sake of justice, he should be disbarred and put in an orange jumpsuit. However, on a professional level, he's as radioactive as Chernobyl.

Anonymous said...

What time does testimony commence in the morning?

Anonymous said...

9:09 - Durham County is obligated by law to pay any judgment against Nifong, but not PUNITIVE damages (at least that's how it works here).

Oh, no, I think Ray meant every day for the rest of Nifong's life quite literally.

-Esquire-
-Maryland-

Anonymous said...

Come on. Fox hired Mark Furman as a commentator after his rep was damaged. Ditto for Dick Morris. Larry King beat a rap for a serious felony 40 years ago only becuase the statue of limitations expired. Someone will give Nifong a chance. Maybe he'll be a contestant on the next Survivor or Dancing with the Stars.

Anonymous said...

p.s. I couldnt' remember Dick Morris' name so I just googled "Clinton and toe sucking" and it came right up.

Anonymous said...

9:13 - Maybe as a spear target on Survivor, but not in any other capacity. The man is detested within the legal community.

-Esq.-

Anonymous said...

I feel ashamed.
I remember when this case first started. ALL the news orgs. had these Lacrosse players dead and buried. And with each new story, it sounded worse and worse for them. The rich white boys used to getting their way with everything would finally get what they deserve.
Not sure when it turned for me, but at first, I was onboard.

Now after watching these hearings, I cannot believe how badly I got duped.
How can such a rock solid case in the news be such a large pile of crap in reality? How can so few fool so many for so long.
Scary.

I hope these boys make out like bandits, suing everyone and winning.

Anonymous said...

I might be remembering wrong but I don't believe Furhman was rehabilitated until after he wrote his book on the Martha Moxley killing, his 'crime' was nothing close to what Nifong has done. He made some stupid comments showing off for a writer and then lied about it. Also, the country believed OJ Simpson was guilty, this made a difference. The country believes the Duke boys are innocent.

Depending on what the bar says and what his punishment is...he may not get any second chance at rehabilitation.

Anonymous said...

I fully expect Nifong to:

1. Be a frequent panelist on Nancy Grace.

2. A fulltime NCCU Law Prof.

Anonymous said...

Hearing resumes at 9 a.m. Eastern time tomorrow morning for whoever asked.

Was it just me, or did I hear the Chair say that as soon as they finished Phase 1 tomorrow they would immediately go to Phase 2? Was that a slip? Isn't the second phase the punishment phase? The chair already knows there will be a Phase 2 after the deliberations?

Anonymous said...

Esquire - I have no doubt that the lacrosse families will go after Nifong for the rest of his life for punitive damages. I also have no doubt he’ll get off the hook for professional damages.

But rest assured, he’s going to make a mint for his performance today from the activist community. It was brilliant, and couldn’t have been spun better by Michael Moore. He once again cast guilt upon the Duke kids, for a community more than willing to cast guilt upon them. By giving up his job, he assured said community of his “sincerity.”

It will be rewarded. Bet on it. Mike Nifong is going to be a rich man. He’ll be hanging with Jesse, Al, ad nauseam. The Duke families will nip at his heels, but that’s all they’ll be able to do…

You'll see...

Anonymous said...

Have a nice Father's Day this Sunday Mr Nifong!

Anonymous said...

JLS says...

re: 9:21

The chair always qualifies going into phase II with a finding against Nifong, but as Prof. Coleman said on the WRAL broadcast, Nifong has admitted some violations. So there is little chance they don't go to phase II.

jamil hussein said...

Unfortunately, Nifong is loved by certain segments of the society. He is incompetent, dishonest, liar, lazy and has a lousy understanding of English language (creating own words etc). Therefore, he would easily get a job, such as:
1: Professor (AA/Angry Studies, Law & Ethics or English Dept)
2: Congressman/State senator
3: Community Activist (NAACP, Black Panthers, ACLU, MoveOn.Org, Durham city)
4: Columnist (HS, New York al-Times, CBS legal analyst, Huffington Post, dailykos)

Besides, his new books "Audacity of Conviction" and "My Life" will be be New York al-Slimes bestsellers.

Anonymous said...

9:22 - There are no such thing as "professional damages." If he gets a job, they attach his wages, if he gets a pension, they attach the pension. The Evans family certainly has the will, knowledge and means to do it.

No, when Ray said "the rest of his life," she meant it. You are not dealing with someone who talks in jest, and she can easily carry through with what she said.

-Esquire-
-Maryland-

Anonymous said...

Is Nifong's son with Cy biological?The only resemblance to the Fong was his indifference behavior while Mikey and Cy were crying.

Anonymous said...

9:17 blogger> I hope you are correct re: second chances > he doesn't deserve a second chance . He will always be a narcissistic, ego maniac who will go out of his way to save himself at the expense of everyone around him.
I won't be at all surprised if his performance today helps him keep his license. He will probably be back at his office on Monday having changed his mind about quitting.
I'm not impressed with Williamson as others are, he's a local and they've not sanctioned more or similar egregious behaviour before.

The character witness is a shocking show of support from a cross section of the business of law in NC. It's an obvious sesspool which makes the AG's investigation and result so impressive.
Life is stranger than fiction. No one would believe this is a plausible story line if it wasn't true.

Anonymous said...

Well Esquire – you can call me Rick, because that’s my name, and I hope you’re right. I’ve followed this case from day one, in the hope that it could shine light on government abuse of innocents. In this respect, I think it has, and a lot of that has to do with this blog site.

On the other hand, if you’re hoping for systematic justice for prosecutorial abuse for Nifong – don’t. He’s set himself up as a darling of the victim industry from day one, and he’s now set to reap the rewards of it. For all of the blogs like this, there are equal and opposite blogs that feel that the Duke kids should have went to jail for the simple fact of their demographics. Nifong will profit from this. As I said earlier, bank on it.

- Rick

Anonymous said...

I send my love and admiration to Ray Evans and her family as well as the Finnerty's and the Seligmanns.

I hope they have the fortitude and ability to pursue Mr. Nifong so the rest of his life is a living hell.

He deserves nothing less than scorn and to be held responsible for what he let loose.

Making different decisions, he could have been a hero for truth, justice and fairness. He chose his election and pension instead.

mac said...

8:58
You're right: he'll have no
recollection of resigning,
because he didn't take notes
on what he was saying at the
time.

Anonymous said...

Hey Rick. Cool by me if Nifong profits, but only as long as the falsely accused are getting it.

mac said...

Nifey could be a prosecutor
in Aruba. Good match.

Anonymous said...

Nifong managed to harden folk's hearts with the "something happened" comment .

Anonymous said...

So, now that Nifong is gone, there are a few others who should do the honorable thing:

1. Broadhead

2. Monetta

3. Judge Stephens

4. Judge Titus

Please submit your resignations by 5 PM Monday if you care save a shred of dignity.

Windbag

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Anonymous said...

I did some research, the no drop policies in rape and spousal abuse are intended to protect the victim. They are mandatory prosecution policies. Essentially in many domestic violence cases the "victim" is emotionally involved or dependent on the "perpetrator". After things down the victim may change the story in order to not prosecute. The policy is to prosecute the crime even when the "victim" decides to back out.

In the Duke case, I do not see how that policy would even apply. They failed to ascertain even basic innocense. I can see where Nifong's actions could result from an incompetent applicaction of that policy.

This is not a case where a victim backed out or changed the story to avoid the court appearance.

1 He would not talk to suspects before indictments.

2. He would not talk to defense after indictments.

The literal implementation of such policies taken to an extreme is a formula for Railroading a defense.

If you take Nifong's defense story, the no-drop policy amounted to prosecute at all costs.

mac said...

9:50
Take your sorry troll @$$
somewhere else.

mac said...

9:51
Add to that, Mangum wanted -
for some reason - to continue
with prosecution.

Free advertising?

Anonymous said...

Hey 9:50, they hired a stripper, not a prostitute. The fact the one of the strippers was a mentally ill, drug addicted whore is unfortunate. The fact that she had "effluence" from enough men to staff the Durham Police that night and that there were no matches to anyone on the LAX team means nothing to you. And the fact that the 5 to 10 "DNA samples in her pubic, vagina and rectum" don't resonate that she might be a lady for hire, and might have had a few Johns to pick a few bucks prior to her gig as a stripper. Jeez, the bouncer at her club even told the Police that she was known to be a whore.

The fact that stripper #2 told the cops (after recanting her position that "this is my chance to cash in") that she was with her all evening, and NOTHING HAPPENED has no bearing for you.

They were guilty of being guys. They pissed against trees and bushes, like virtually every guy who's played a round of golf. It didn't and doesn't make them rapists.

The only "something" that happened was a crack whore showed up when they expected a hottie, and they objected. She got pissed and decided to make some money, perhaps coming up with her evil plan in the bathroom.

Anonymous said...

Lawyer Williamson wanted to wrap up the evening. Ms Jean asks for another witness to testify who "does not live here." Lawyer Williamson said "Neither do I." Funny

Anonymous said...

Court TV's coverage is abominable! Is there anywhere else that I can watch these proceedings?

Anonymous said...
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sceptical said...

An amazing day-- starting with Reade's powerful and eloquent testimony; then Nifong's teary resignation; then the Bar attorneys and DHC Chair Williamson shredding Nifong's defense.

Thanks, KC, for your live blogging so that we have been able to follow what is happening if we cannot access a TV.

There is so much new material here that you and Stuart are going to need to do some serious re-writing for the upcoming book.

KC, when is your final deadline for the manuscript?

Anonymous said...

I'm telling you - Nifong's only goal now is to position himself to run for Congress - he's a freak'in lock to carry Durham County

- he'll sublet Jefferson's pad in DC -- Durhamites will never crawl out of their hole

Anonymous said...
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Anonymous said...

Anon. 9:50
Don't you just feel so superior?!
These young men have been exonerated and proclaimed as INNOCENT. While hiring strippers is not considered highbrow, it is not illegal. Nobody associated with the LAX team laid a mitt on the whore. Get over yourself you arrogant, self righteous jerk.

Anonymous said...

Broadhead released a statement today according to a CNN radio news report that I heard. The only thing I recall with some certainty is that the statement called for more healing.

Yikes.

Anonymous said...

10:20 -- Heard the same thing. Brodhead wants to keep Nifong around to help with the "healing converation." He's scheduled to teach Con Law in the Spring semester.

Anonymous said...

If Brodhead is considering hiring Nifong, then all Duke Alumni should immediately swarm on Durham like enraged locusts and take care of business. For me, healing begins with Brodhead's abrupt, emphatic termination. Nifong should be banned from ever stepping foot onto the Duke campus for the remainder of his worthless, wretched life.

Anonymous said...
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Michael said...

I know this was another thread,
but the "No Drop" policy regarding
sexual assualt cases: I have not
heard that one before.

I am reminded of the AG's report
in which it was stated that it seemed
that Crystal Magnum was improvising
on the fly -- lots of parallels between
Crystal and Mikey today. Mikey has
told so many versions of the events
and has changed his reasons for things
so many time, I've lost count

Anonymous said...

10:38 -- Sounds like Brodhead and Nifong agreed that healing should begin with Nifong quitting, then taking a job at Duke. Might be a behind the scenes deal -- keeps the G88 at bay by protecting their ally, also helps the defense. Lets Nifong save face.

Anonymous said...

As I look at the hearing, I see this as three instances of prosecutorial misconduct, not one. The circumstances of Finnerty's, Seligmann's, and Evan's indictments had a featured number of Nifong's abuses in common, but there were some profound differences as well. Seligmann and Finnerty had different alibis, both of which were ignored by Nifong. Evans was indicted two weeks later after even more exculpatory evidence was in Nifong's hands.

I don't know what the rules are for determining punishment, but in my mind Nifong ought to get treble punishment should he be found guilty by the panel - and seeing as how he has openly admitted guilt to some of the charges, he will be found guilty. In fact, a case for more than treble punishment can be made. Although only three players were indicted, 46 were under suspicion and many hired lawyers. They too were lesser victims of this rogue prosecutor.

Anonymous said...

10:38 -- Makes sense. Brodhead wants to allay faculty problems by appearing supportive of LAX players, but can hire Nifong on basis of 30-year resume.

Anonymous said...
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Anonymous said...
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Anonymous said...

10:20 -- Heard the same thing. Duke is worried about Nifong's resignation. Want to keep him around to assuage G88.

mac said...

Mikey will certainly be given a
job at Duke -
(under Brod-head-less-Horseman) -
and that'll likely be teaching
ethics. (He might even be asked to
be an assistant coach of the
Lacrosse Team, under the current
administration!)

Greta is really crashing down
on Mikey - as are all on her
panel. She's been on his butt
since early on.

No mention of Wendy.
She's been missing her broom
since it was purloined at the
LAX party, and hasn't had reliable
transportation since.

Anonymous said...

10:56 -- saw the same thing. Brodhead is worried about backlash from Nifong resignation, and wants to make sure G88 has a voice on campus.

Anonymous said...

As much as I can't stand Nifong, for some reason I didn't enjoy seeing him melt down as much as I thought I would. It was depressing.

I honestly thought I would relish the moment.

Anonymous said...
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Anonymous said...

working the salad bar.

Anonymous said...

No way Nifong is going to Duke.
Do not believe everything you hear.

Anonymous said...

I can't see Duke watering down the cred of their Law School by putting such an obviously incompetent person on faculty.

They might write cases about it, for a what not to do learning experience, but what could he possibility teach them?

Anonymous said...

While I would like to see Nifong disbarred, I expect a suspension instead, in the 1-3 year range. Discilplinary committees are notoriously hesitant to disbar people especially if there is any question whatsoever.

Anonymous said...

There is no way Duke Law would hire Nifong. Who said that??? He does not have the credentials necessary (irrespective of the whole Lax issue).


Duke Law '00

Kilgore said...

anon 11:03 said: As much as I can't stand Nifong, for some reason I didn't enjoy seeing him melt down as much as I thought I would. It was depressing.

You show your compassion by not relishing his misfortune. But let there be no doubt that this man is a stealthy slippery snake who timed his tears and apology to happen just before cross. A masterful move that softened the lawyers ability to go for the kill.

Boys and the Boy Crisis

Anonymous said...

I really don't think he is as calculating as you all give him credit for. I think he was intent on going after these guys. I think he ignored exculpatory evidence. I think he was sloppy. I think he was lazy. Do I think there is some continuing master conspiracy? No.

Anonymous said...

11:08...
there are no questions in this case...none. If he does not get disbarred, then we will know that the NC legal community ranks dead last out of the 50 states and DC in terms of ethics and professionalism.

Anonymous said...

11:16
Hey I don't disagree that he should probably be disbarred. But I bet it doesn't happen. Lawyers are loathe to disbar other lawyers. It is the worst thing you can do to another lawyer. Those invested in this case understand the deep injustice done. However, I bet he gets suspended, not disbarred.

rrhamilton said...

I thought he could get off with less than the maximum penalty -- lifetime disbarment, UNTIL his "something happened" moment. This is something the 88 would say, and is proof that Nifong's mind is still in captivity to the Metanarrative (that teaches that white men are feral beasts constantly looking to brutalize innocent maidens of color). No honest and intelligent person believes in the Metanarrative, but many honest and intelligent persons know that they can't say so without being charged with a hate-thought crime. But the Bar commissioners know the Metanarrative is a lie. They won't say so, but their action in disbarring Nifong for life will be proof of what I'm saying.

R.R. Hamilton

Anonymous said...

11:14...
Maybe not a conspiracy, but certainly collusion with Durham PD to falsely accuse these boys. A definite course of action was taken to indict, knowing the boys were innocent.

Anonymous said...

They will look at history of service (really no transgressions like this previously), good reputation generally before this case. It will be seen as a one time deal where he lost control of (what? his staff, the case? the media?) something. It will not merit disbarment. Suspended. And he will resign make no mistake about it.

Anonymous said...

RR:I thought he could get off with less than the maximum penalty -- lifetime disbarment, UNTIL his "something happened" moment.

_____________________

And the thing about that, is that it was so gratuitous. He was asked "Do you believe today that a sexual assault occured in that bathroom?"

He could of answered that with a yes or no - instead he chose to slime the team one more time.

Anonymous said...

11:18..
and I don't disagree with your prediction...I'm just stating that if turns out that way--considering there is no question of the Fong's guilt--then the NC Bar will paint a pretty ugly picture of themselves.

Anonymous said...

11:19

I disagree. I don't think Nifong believed they were innocent. I don't think he necessarily believes that today. And that is the issue. Reasonable minds can differ on whether someone could think "something happened" in that bathroom.

09 Parent said...

Have a nice Father's Day this Sunday Mr Nifong!

You know considering the Mother's Day Nifong and his co-conspirators merrily gave to Rae Evans and David on his graduation weekend, he deserves to feel some real pain. Thing is, we already know it will still not include any real appreciation for the pain he inflicted on three innocent sons and their parents.

But it is a start.

Anonymous said...

11:20...I hope I can use that 'one-time' exemption to rob a bank...hey, I have been in banks hundreds of times without robbing them...just this one time I made a poor decision...and yes, I will pay back whatever I have left from the spoils....and promise never to in that bank again.

Anonymous said...

JLS says....,

re: 11:14

There was no master conspiracy. There was a desparate political candidate who was going to lose and lose his job.

He found that he could turn that around at the expense of three young men. He was more than happy to do that.

He was not sloppy nor was he lazy. He intensionally did not listen to Mangum, the accused or anyone else, because he needed to indict to win the primary. Thus after getting the opinion of Himan, Gottlieb and Levicy that Mangum was raped, he wanted no more evidence. He did not talk to Manly. He did not want the alibi evidence.

Then the three did not play their role. Had they maybe he drops the charges last summer. But the fought him and he was not about to let them get away with that.

So there was no grand conspiracy. There was just one very small person who was out only for himself.

Anonymous said...

"Reasonable minds can differ on whether someone could think "something happened" in that bathroom. "

Reasonable minds can't agree that Reade Seligman and Colin Finnerty can do anything in a bathroom when they aren't even present during the alleged happening. Finnerty's attorneys did a full search in the bathroom and showed no fingerprints/DNA/etc. that showed he was ever in the bathroom.

Nothing reasonable about it.

Bernie said...

JLS
Occam strikes again!!

Anonymous said...

11:25

This isn't a bank robbery. There is no explicit evidence of wrongdoing. It is all circumstantial. The "I haven't done this before" or "there is no pattern of misconduct" goes a long way in a disciplinary hrg. (you have to remember this is a disciplinary hrg NOT A TRIAL, the rules are different).

Anonymous said...

11:22...then why the statement to Himan: "we're f**ked?" He knew what was going on...his politcal career depended on it. He has to act like he really believes they were not innocent or game over for him right now...although at this point it is the 4th quater and he is down by 8 touchdowns!

I will never be convinced that he did not know the real situation, but instead was trying to cover his ass.

Anonymous said...

JLS:

I don't necessarily disagree that THAT is what happened. But it is all circumstantial. And it does not necessarily mean he is going to be disbarred. That is only my point.

Anonymous said...

11:30

While a priceless soundbite (which I think will get some legs with the DHC), you cannot derive any real evidence from that that Nifong KNEW the prosecution was wrong. It was just, damn our evidence sucks, our witness sucks, etc.

Anonymous said...
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Anonymous said...

And just to be clear from my posts, (1) I think Nifong should be disbarred (although I don't necessarily think it will happen); (2) I think this was a complete hoax; (3) I'm a lawyer and know something about disciplinary hearings and how they tend to turn out. I've read this blog from the beginning and agree completely these guys got railroaded from the beginning probably for political gain or a misplaced sense of doing justice. And I'm a Dukie. So this hurt. A LOT.

Anonymous said...

And just to be clear from my posts, (1) I think Nifong should be disbarred (although I don't necessarily think it will happen); (2) I think this was a complete hoax; (3) I'm a lawyer and know something about disciplinary hearings and how they tend to turn out. I've read this blog from the beginning and agree completely these guys got railroaded from the beginning probably for political gain or a misplaced sense of doing justice. And I'm a Dukie. So this hurt. A LOT.

Anonymous said...

11:29...I must have missed a bunch of the testimony then. What I did see made it pretty clear to me that he intentionally violated lots of laws and ethics. Isn't lying to judge illegal in NC? Isn't withholding exculpatory evidence illegal in NC. These were intentional acts, proven to be such by the various witnesses.

Anonymous said...

JLS says...,

re: bernie

Right Occam fits this perfectly. It is a very simple case. After this hearing, it appears to be more Nifong and less others.

re: 11:22

You may think now reasonable minds can disagree about that bathroom, but the Bar has to worry about not disbarring him and then Wilson or Gottlieb ratting him out to the Feds. Everyone knows that Nifong sent Wilson out to subborn perjury in December, Wilson and Gottlieb tried to strong arm the cabbie etc. How do you think the NC bar will look if they did not disbar a prosecutor who soon after was indicted?

Anonymous said...

11:36

Not as clear as you think (unless you have been a faithful follower of KC's blog and the case). Lying to a judge by a lawyer is unethical (not illegal). Witholding exculpatory evidence is unethical (not illegal). But Nifong has offered a reason explaining why, i.e., I didn't withold it, I just didn't know it was there.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

JLS:

You are overly confident. I think Williamson is a good guy and wants justice. But disbarment is such a severe penalty. Without prior bad conduct....I don't know. I don't think the Bar is worried about "the Feds". I also have some skepticism about whether Nifong will be indicted or even successfully sued civilly.

Anonymous said...

What posts? If you post as "Anonymous", please don't refer us to your prior posts.

Anonymous said...
And just to be clear from my posts, (1) I think Nifong should be disbarred (although I don't necessarily think it will happen); (2) I think this was a complete hoax; (3) I'm a lawyer and know something about disciplinary hearings and how they tend to turn out. I've read this blog from the beginning and agree completely these guys got railroaded from the beginning probably for political gain or a misplaced sense of doing justice. And I'm a Dukie. So this hurt. A LOT.

Jun 15, 2007 11:36:00 PM

Anonymous said...

11:43

Please see all my posts.

Anonymous said...

Doofuses

Nifong will definitely be disbarred.

The question is whether he will be pursued criminally. I believe he will be.

Trinity '74

Anonymous said...

11:43

If you can't figure it out, you might want to join the defense table next to Freedman and Witt.

Anonymous said...

11:39...not being from NC, I will take your word for it. Hard to accept the Bar could be soft, any way you look at it. No offense, but I hope in the end you're wrong about suspension v. disbarrment!

Anonymous said...

JLS says...,

re: anon 11:30

I don't necessarily disagree that THAT is what happened. But it is all circumstantial. And it does not necessarily mean he is going to be disbarred. That is only my point.

Then don't repeat his sloppy or lazy excuse. But lots of people are convicted on circumstantial evidence.

BTW the Hearing chair did not seem to believe that when one defense lawyer made it quite clear they were looking for DNA of other men in the fall hearing that Nifong did not think to look in the "report" from DNA security.

Anonymous said...

11:46

I hope so. But I think you are overly optismistic.

Criminally? Not likely. Civilly? Also very tough.

Anonymous said...

JLS says...,

re: anon 11:42

I only point out one more incentive the bar has to disbar Nifong. The skeptics on Bar punishment have gone from a slap on the wrist to he will only be suspended not disbarred in 12 months.

He may or may not be disbarred. If I had to bet, I would bet he will be.

Anonymous said...

No one has mentioned the possibility that his pending resignation might be part of a deal. Perhaps resignation is traded for assurance that he won't be disbarred? Lawyers never do back room deals, yeah right.

There's NO WAY I believe his real resignation reasons remotely match the words he uttered to explain *why* he will resign.

Remember, this is a man who has been caught playing loose with the truth. Why expect honesty from him today?

Anonymous said...

Tomorrow he wil say what he really meant was he was resigning his seat on the Animal Control Board...not his job!

Gary said...

KC, If I were you, I'd go before the Bar right now ... for a toast.

Anonymous said...

PROOF OF NIFONG'S STUPIDITY

He resigned to get sympathy; then he says something happened to the gorilla. The latter cancels out the former.

Anonymous said...

If Nifong and the bar wanted to make a deal, why would Nifong go through with the trial?

Anonymous said...

Is KC going to post at midnight.... I am dying to see his summary of the day

Anonymous said...

What are the chances that Freedman will express the thoughts he shared about this case on the Abrams Report April 19, 2006
http://www.msnbc.msn.com/id/12405242/
***********************************
ABRAMS: David Freedman, longtime North Carolina attorney, what are some of the legal community in North Carolina saying about this investigation, about the indictment, about the arrest, et cetera?

DAVID FREEDMAN, CRIMINAL DEFENSE ATTORNEY: Well, that everything has been mishandled from the start. You had a district attorney coming out and making potentially unethical statements, saying he believed a crime occurred, which he should not do. He should not be commenting on the evidence. He took an adversarial position from the start.
* * *
FREEDMAN: I'm real surprised. It's not the D.A.'s job to get a conviction. It's the D.A.'s job to make sure justice is done, to make the truth is found out and rather than rushing and doing indictments two weeks before the primary is held, he should carefully—and because once you charge someone with offenses like this—I do a number of sex offenses—once the charge is brought, that's something that will tar these two students the rest of their lives, whether the charges are dismissed, whether they're acquitted, there will always be questions about that and it's just a D.A. should take his time and make a careful determination and look at all of the evidence and if he hadn't taken such a strong stand, he would have been able to view this evidence and the timeline beforehand before making this—going to the grand jury.
**********************************

Anonymous said...

"If Nifong and the bar wanted to make a deal, why would Nifong go through with the trial?"

Simple. Nifong is stubborn. He probably wasn't in the mood to make a deal earlier.

He has been pummeled with the Bar trial and thus might be more agreeable to a deal now.

Make no bones about it, his resignation announcement today wasn't for the good of Durham County. There's something in it for him. That's the way he likely operates. Resignation is about the only piece of capital (of interest to the Bar) that Nifong holds at this point, that means it is the only thing he has to offer the Bar. Mabye a deal was done today. If my theory is correct, expect to see lighter Bar punishment.

Anonymous said...

Oh give me a break. Even if Nifong wanted to make a deal, what's in it for the bar?
If they were willing to make a deal before trial (to save the expense of going through the trial), why would they do it now, after the trial?

Anonymous said...

Remind me: Did a Grand Jury Indict?

What happens to them?

mac said...

Other just punishments:
I would like to sentence the 88
to a lifetime with Polanski.

Anonymous said...

Mac, you are so hot.

Anonymous said...

8:57 --

The only way I could picture wanting Nifong as your lawyer (moot now, of course) is if you were guilty as sin of some very public loathsome offense, you knew everyone knew it, and the best you could hope for would be for someone else to commit some even more disgusting morally bankrupt act in the public eye to take the focus off you.

And then sit back and wait for Mike Nifong to commit that act.