Saturday, June 16, 2007

Verdict

Committee is unanimous on all issues on all the contested issues in the case.

1) Extrajudicial statements: Yes.
2) Did Nifong know that these statements would be disseminated? Yes.
3) Did Nifong know that these statements would materially prejudice proceeding? Yes.
4) Did Nifong statements have substantial likelihood of heightening public condemnation of accused? Yes. Note of explanation: The "accused" in this instance includes the set of suspects (the lacrosse players). Not necessary to make finding as a legal matter that they were actually indicted.

5) By making misleading statements to media, did Nifong engage in conduct involving dishonesty, fraud, misrepresentation? No. The one statement at issue on this point (possible use of condoms) no worse than certain others that were not alleged to involve dishonesty--such as the statement to the effect that the accused were not cooperating. Therefore, not appropriate to pick out this statement as the worst of the group.

6) Failure to provide DNA evidence report failed to provide necessary exculpatory evidence? Yes; Failed to make reasonably diligent effort to deal with discovery effort? Yes.

7) Failure to provide memorializations of Meehan statements: (a) fail to make timely disclosure of exculpatory evidence? Yes. (If anything, Bar's charge was too narrow.) (b) failed to make reasonably diligent effort to comply with discovery request? No. [AG had taken position that prosecutors did not need to provide such memorializations, though this is no longer the law.]

8) Failure to provide complete report of all Meehan tests (a) failed to make timely disclosure to defense all material required by law and court opinions? Yes. (b) failed to disclose evidence or information that he should have known was subject to disclosure under applicable law. Yes.

9) Failure to provide memorializations of Meehan oral reports (a) failed to make timely disclosure to defense of exculpatory evidence? Yes. (b) failed to disclose evidence or information that he knew was subject to disclosure under applicable law? Yes.

10) Instruction of Meehan to have report only positive matches? YES. (b) request a person other than a client to refrain from voluntarily giving information to another party? No.

11) False statements of material fact to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

12) False statements of material fact to opposing counsel? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

13) Failure to disclose everything re DSI report to court--false statements to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

14) False claim that all Meehan oral statements included in his report? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

15) Falsely implying to court that he was not aware of DNA results at start of 12-15 hearing? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

16) False statements to State Bar that privacy concerns played a role in Meehan report? No. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? No.

17) False statements to State Bar that Meehan report did not include exculpatory evidence? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

18) False statements to State Bar that his 12-15 statements referred to alleged charges against him by Duke defendants' lawyers? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES. [Notes the consensus of the hearing committee on the above issues: worry that such charges are extremely rare and fear tha such charges might have chilling effect in normal cases.]

19) Conduct prejudicial to the administration of justice? Yes.

87 comments:

Anonymous said...

JLS says...,

What? The panel is making judgements about or based on things not charged?

Anonymous said...

I think they did that to leave the door open to further legal action. To say yes would limit future action (I think?)

Anonymous said...

suspension, not disbarment, is coming...

jamil hussein said...

Say hi to future congressman Mike Nifong. That's the only route left for him. Well, Duke/NCCU AA professor would be the other alternative.

Anonymous said...

If the panel is unamimous, that is very good.

Debrah

Anonymous said...

So this is how they justify a suspension but not disbarment?

Anonymous said...

I do not understand the 7(b) ruling.

Anonymous said...

If he is not disbarred, this will be another travesty.

Debrah

Anonymous said...

LOL. I"m the 2:30 poster on 7(b). KC just clarified it for me in the course of his blogging. What a great guy.

Anonymous said...

Get that boy an airsick bag!

Anonymous said...

Sounding like suspension...

DL '00

Anonymous said...

Disbarrment... Nothing Less!

Anonymous said...

look at headline on WRAL
"Nifong did not delbierately mislead media"

holy s**t how can they just put that up

Anonymous said...

If there were just one charge, I could see suspension. But 20? How on earth could they do anything but disbar? We'll see.

Anonymous said...

Damn. They are saying there is not clear evidence that Nifong told Meehan to withhold evidence. I thought that one would fall in line like all the others.

Anonymous said...

2:32: My thought exactly.

Anonymous said...

WOOT!

laxhooligan88 said...

11b is the one that will cost the license...dishonesty to a tribunal/court

Anonymous said...

You would think that a "yes" on any one of these wold warant a suspension, but so many? Has to be disbarrment or this is a travesty.

Anonymous said...

No prior record of doing stuff like this will heavily mitigate against disbarment.

DL '00

Anonymous said...

They could do a great Snickers commercial on Nifong right now. "Wanna get away?"

jamil hussein said...

Life in prison or just 25 years?
Criminal trial forthcoming..

Anonymous said...

they found him guilty of false statements of material fact to a tribunal! In another proceeding, that's called perjury.

Kiss of Death!!!

Anonymous said...

And this conduct passed muster with TWO NC judges.

Anonymous said...

BOOM they just said he lied to them too.

Anonymous said...

If you can't get disbarred for 20 serious ones...why have disbarment at all? make DA for life

Jaeger said...

fraud = civil liability not dischargeable in bankruptcy.

Anonymous said...

2:35

LOL!

Anonymous said...

2:35 Snickers - LOL!!!

laxhooligan88 said...

I think that the comment by Williamson in Phase I about the repeated nature of the violations over a period of time in this matter indicates that they will find these offenses aggravated enough that prior record will carry far less weight than it usually does.

Anonymous said...

You can tell by Cy Gurney's expression that she knows what's coming.

Payback and justice can be rough.

Debrah

Anonymous said...

"this is the most honest man I know". Who was it who said that in newspaper article.
Head of innocence project should also be fired immediately.

Steven Horwitz said...

Lied to the grievance committee!

Anonymous said...

I see T-Shirts - "The Answer is YES!"

Anonymous said...

JLS says...

Lied to the state bar.

Anonymous said...

I think the Board of Directors of The Innocence Project should be having an emergency meeting today to select a new Director.

Innocence doesn't matter if you're a successful white male?

Jaeger said...

Nifong and Meehan will be paying this judgment for the rest of their miserable lives.

Anonymous said...

Is Cy sitting beside Seligman??? Oh dang!!!!!!!!!!!

Anonymous said...

Charge 17 - engaged in conduct involving Fraud, deceipt, etc to the grievance committee - YES! That should be the final nail in the coffin!!!

And Charge 18 is the same - they have found that he deliberately lied to the tribunal! This is awesome!

Anonymous said...

All I can think about is the lacrosse mom saying "You picked on the wrong family" back when Nifong was continuing with the prosecution well after so much exculpatory evidence was in.

Anonymous said...

This is bad. And Nifong knows it. DHC didn't buy his explanations.

DL '00

Anonymous said...

2:39 are you sure?

Anonymous said...

TO 2:39PM--

Of course not.

Debrah

Anonymous said...

Between how high-profile this situation is and prior cases like Gell, all leniency will go out the window. I think they're going to hit the "smite" button hard and disbar.

Anonymous said...

WOW they say he blatantly lied to them and take not of that despite the realization it could adversely affect future such tribuals. They felt it was sufficiently outragious that they had to say iy anyway.

Anonymous said...

PHASE TWO

Anonymous said...

that is his mother

Anonymous said...

CONGRATULATIONS KC....

Anonymous said...

Reade's mother, Kathy, is seated beside him. Jim Cooney is on the other side.

Debrah

Steven Horwitz said...

"I would be absolutely shocked if they did not disbar this attorney."- - WRAL commentator.

Anonymous said...

Dan Boyce on now - is he predicting the future?

Anonymous said...

Maybe so. Maybe so.

DL '00

Anonymous said...

Boyce- "I would be absolutely shocked if they do not disbarr"

Anonymous said...

JLS says...,

WRAL commentator will be shocked if he is not disbarred.

Anonymous said...

Nifong looks like a broken man.

Anonymous said...

possible criminal or civil sanctions.

Gee, I hope so!

Anonymous said...

I was thinking significant suspension was more likely. But disbarment is looming.

Just heard you can be disbarred for 5 years and permitted to reapply.

DL '00

Anonymous said...

That great lawyer Geraldo Rivera saying Nifong may well be charged with perjury by his successor DA in Durham County.

Anonymous said...

Fox news expert just said "I guarantee he gets disbarred" "he has to start worrying about getting an orange jumpsuit"

DL '00

Anonymous said...

Other Commentator on Fox says Nifong "has to be worried about wearing an orange jumpsuit".

Anonymous said...

There is a question of whether to disbar this attorney? My god, this profession has the lowest standards for maintaining a license! And they are running the "justice" system for the entire country!

Anonymous said...

why is wral not showing phase 2?

Anonymous said...

Geraldo Rivera is a hypocrite who should be sued as well for his early libelous comments on national TV.
He is so outrageous, and has not apologized as far as I know to date.

Anonymous said...

Nifong will be disbarred. Remember the enablers who participated in this charade. They too are not very well grounded people (tongue in cheek).

Anonymous said...

new thread

gs said...

The lawyers will ask the judge in the case to hold Nifong libel to cotempt of court

said on Fox

Anonymous said...

DL '00


"No prior record of doing stuff like this will heavily mitigate against disbarment."

Hi DL, Have to disagree with you here, these charges stem over a long period of time and to more then one party. The Bar being self regulating has to prevent Nifong from doing any more damage to public, the judicial system, and the Bar itself.

He will lose his license.

Tom E.

Anonymous said...

They are if you stick with the live feed online. Apparently, those who are to testify have not taken the stand yet. Mrs. Finnerty is going to testify according to Dan Boyce.

Anonymous said...

Why not show us phase two?

Like I said last night, disbarring an attorney is very tough. Lawyers (and judges) hate doing it. You are taking someone's whole livelihood, education, etc. away. Better be sure the person has no redeeming qualities. Again I still think his prior rep for being honest and forthright will count for something.

DL '00

gs said...

fox is saying where are the other ada in the office.

They knew what was happening.

the bar should investigate them

Anonymous said...

Tom E.

I meant relative to his career. Misconduct over a year in one case relative to 30 years of practice and hundreds of cases prosecuted. But maybe this is the one egregious case where once is enough.

DL '00

Anonymous said...

They need to disbar and stop the charade.

Williamson knows Nifong is facing a criminal sanction. They should save everyone's time and mete the punishment due. It can't be too severe, because he would otherwise be sent back to the Bar for punishment asfter the criminal proceedings.

Anonymous said...

When Geraldo comes on Fox I change to CNN.

rrhamilton said...

I stand by my prediction made yesterday: Lifetime disbarment.

gs said...

Asking freda Black

Why did the other ada say nothing?

She saids maybe out of fear.

Fox they had a duty to step forward, cowardly.

Anonymous said...

JLS says...,

Thanks WRAL for talking over the entire first witness. All of us are much more interested in mediot talking heads than the actual testimony.

HumboldtBlue said...

Dishonesty, fraudand deceit ....dishinesty, fraud and decit, rinse, repeat ... devastating.

Anonymous said...

Nifong couldn't carry David Evans's briefcase.

Anonymous said...

How can anyone defend not giving him the maximum punishment? He broke the law and made a completed mockery of the justice system going way above and beyond his powers as a D.A. Would HE recommend leniency to a defendant? LOL...i think NOT. Dont let those fake tears fool you. He may have done this many times before...and NOW he got CAUGHT. He is one of the worse kinds of criminals...one that abused his power and hid behind a LE shield to protect himself. BURN HIS LICENSE.

Anonymous said...

JLS says...,

Kaboom! You think Duke is not going to pay still, DL00?

Anonymous said...

re: is once enough? Williamson pointed out that an attorney doesn't get a pass on stealing his client's money even though he's never stolen his client's money before.

Anonymous said...

"fox is saying where are the other ada in the office."

Attorney's do not have to follow the same standards of law that the common citizen is required to. Good luck.

Anonymous said...

I saw a graphic on courttv yesterday...don't recall the exact number, but I believe it stated that over 300 attorneys have been disbarred in NC in the last 10 years or so.

If Nifong is merely suspended, then it follows that all those who have been disbarred committed more egregious acts than Nifong did.

Personally, I find that hard to believe.....

Anonymous said...

If Nifong is not disbarred, drawn, quartered and dragged through the streets of Durham and the Duke campus -- then the North Carolina "legal profession" will have earned and deserved the contempt of the Nation....

I gleefully await the families' civil proceedings against all who have demonized the boys.

Anonymous said...

The Grievance Committee has done its job well so far. Thank God. Such a relief to see the NC justice system working.

Observer

Anonymous said...

i'll take a chance and predict disbarment, for this alone:

11) False statements of material fact to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

Among lawyers lying to the court is worse than anything you can possibly do. Given the materiality and impact of those lies, there's no way a state bar can be lenient.

Anonymous said...

All it took was millions of dollars in defense spending to out this guy. Which only goes to prove that it's better to be rich than handsome or clever.