Saturday, June 16, 2007

Findings

"This matter has been a fiasco"--starting with the defendants, moving out from there to the justice system in general.

Have to ask yourself: Why did Nifong do what he did? "It seems that, at the root of it, was self-deception arising out of self-interest."

Had a prosecutor who was faced with a very unusual situation: confluence of his self-interest collided with a very volatile mix of race, sex, and class. If it were a plot of a John Grisham novel, would be considered too contrived. Facing a primary--yes, he was politically naive.

But can draw no other conclusions but that the initial statements he made were to further his political ambitions.

Having seen the facts as he hoped they would be, in his mind, the facts remained that way in the face of developing evidence that was not in fact the case.

Even in the face of a declaration of innocence by the NC AG, Nifong still believes the facts to be one way, and the world now knows that is not the case.

Panel required to consider aggravating and mitigating factors:

--multiple offenses
--refusal to acknowledge wrongful conduct regarding DNA
--selfish motive
--vulnerability of the victims in this case: the three wrongfully accused
--substantial experience in the practice of law

mitigating:

--absence of prior disciplinary record
--reputation for character

Aggravating factors outweigh the mitigating factors.

This matter appears to be an aberration in the career of Nifong and in how justice is handled in NC. "It is an illustration of the fact that good character is not a constant; character is dependent upon the situation."

Fact that panel has found dishonesty and deceitfulness of conduct requires panel to enter most serious misconduct.

The victims are the three young men, their families, the entire Duke lacrosse team and their coach, Duke Univ., the justice system in NC and elsewhere, and, indeed, prosecutors--honest, ethical, hardworking ones throughout the nation.

In particular, the justice system is a victim--the way this was taken out of the courtroom and put in the hands of the public, into an unprecedented media frenzy. "You can't do justice in the media, you can't do justice in soundbites, the way to arrive at a determination of facts is to hear in an open proceeding all of the evidence."

'That did not happen--and was not going to happen, apparently--in the Duke lacrosse case."

Justice system was able to right itself--but done with backup systems, in a way that was never designed to work as the justice system should work.

Decision (unprecedented) by State Bar to take disciplinary action against prosecutor during a case was controversial. But it was the correct decision.

This case a reminder that the most powerful person in the criminal justice system is not the judge--but is the prosecutor. When that power is abused--as it was here--it puts constitutional rights in jeopardy.

Nifong's motives appear to be self-interest and self-deception--not necessarily evil, but judgment was "so clouded by his own self-interest." "Wandered off the path of justice."

Deception perpetrated upon the public--many people were made to look like fools by Nifong. 180-degree turn--"those who made a rush to judgment based upon an unquestioning faith upon what a prosecutor told them were made to look foolish. And many still do look foolish."

340 comments:

1 – 200 of 340   Newer›   Newest»
WannabeAnglican said...

He's not only getting disbarred; he's getting publicly chewed up and spit out as I type this. This is wonderful.

Anonymous said...

The sweet smell of justice.

gotc

Steven Horwitz said...

"the facts as he hoped they would be"

Anonymous said...

Sweet, sweet justice.

Anonymous said...

Live on Fox right now.

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

I hope every DA in the country is watching this.

Anonymous said...

good character is not a constant.

So true.

Anonymous said...

"But can draw no other conclusions but that the initial statements he made were to further his political ambitions."

Yep, that's it.

Steven Horwitz said...

listing the victims - please mention "future REAL rape victims"

HowlinNC said...

Wendy Murphy today claimed Mangum was "paid off" by one of the players father and that's why Nifong agreed to leave as DA, so the "hush" money wouldn't come out in court.


(Just posted on another board.)

Anonymous said...

Wendy Murphy is terrible. How does she keep getting air time?

DL '00

Anonymous said...

That has to be actionable aqainst Murphy. How can it not be?

Anonymous said...

Do you have a link to Murphy's comments? I cannot believe that = even of that sorry woman.

Anonymous said...

God bless Mr. Williamson. He has brought back some pride in being a North Carolinian. May Nifong rot in hell!

Anonymous said...

I doubt if its true, trolls

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

5:18

Well, I'd rather he find redemption, personally.

Anonymous said...

Show Fong.
Show Fong.
Show Fong.

Anonymous said...

How is Cy looking? Anyone see her on TV?

jamil hussein said...

Let's not forget the REAL VICTIMS: Gang88 (their syllabi was scrutinized!)

Anonymous said...

Not showing Mrs. Fong.

laxhooligan88 said...

man...Williamson is hitting it out of the park here!!!

Michael said...

They showed Cy for about 10 seconds on WRAL. She had a serious and sad look.

Anonymous said...

I want Lane's autograph!

gotc

Anonymous said...

Any word on Richard Broadhead's letter of resignation being received by the BOT?

Thank you ever so much, KC, for your ongoing contributions in helping to bring out the truth in this horrible case. I look forward to your book.

jamil hussein said...

I hope every DA in the country is watching this.

I hope every race quota advocating liberal in the country is watching this.

Anonymous said...

This is going to be in ethics textbooks in law school for years.

DL '00

Anonymous said...

Please show me one enabler left.
Are they all already under their rocks?

laxhooligan88 said...

the lines just spoken about the power of the prosecutor will be quoted in many future law course lectures

gs said...

Williamson is ripping him a new one

Anonymous said...

"This case a reminder that the most powerful person in the criminal justice system is not the judge--but is the prosecutor."

This is staggering. And what checks this awesome power?

Anonymous said...

Agree with that DL '00.

Are you 19 years younger than I or 81 years older?

-- DL '81

Anonymous said...

Here's the real key: they found his judgment clouded by "self-interest". That's death in a DH.

Anonymous said...

19 yrs. younger : )

DL '00

HowlinNC said...

She made them earlier on Fox today.

Anonymous said...

What's a DH? What's a DH?

Anonymous said...

Now you can turn your attention to the LA County Attorney who had a wife who gets away with a small fine, while demanding that Paris Hilton goes to jail for max time for the same infraction.

I have no quarrel that Paris is a spoiled brat and deserved justice, but apparently not the only one.

laxhooligan88 said...

I hate to be Mr Itoldyaso, but he was polishing up this lecture during the recess. I bet it was, for the most part, already penned when the sun came up today.

Anonymous said...

Wendy Murphy today claimed Mangum was "paid off" by one of the players father and that's why Nifong agreed to leave as DA, so the "hush" money wouldn't come out in court.

The logic behind that statement is as confused as Nifong's defense.

Anonymous said...

Disciplinary Hearing.

Anonymous said...

Fonggy thought giving his resignation was going to avoid Williamson giving his statement.

Thank God he was wrong.

Anonymous said...

DH = disciplinary hearing, I think

Anonymous said...

Why did he do it? Simple. Because he had unlimited power and the truth just got in the way. You can't expect our constitutional rights to survive under such circumstances. This is just ONE of MANY examples of prosecutorial abuse. Wake up America!

gs said...

Nifong, brought his family to this?

Anonymous said...

oh boy williamson is talking about immunity and civil liability...

DL '00

Anonymous said...

"and here, the most severe sanction is warranted."

Anonymous said...

thank you Jesus. I never thought I'd sit all day and hear this.

gs said...

Nifong is going to cry

Anonymous said...

"Many people have been made to look foolish" - by believing the prosecutor - "and many still do look foolish" - hmm - I can think of a few names!

Anonymous said...

Cy Gurney is red-faced and sullen.

Debrah

Anonymous said...

gs said...
Nifong is going to cry

Jun 16, 2007 5:27:00 PM


...either that, or have a seizure.

Anonymous said...

KC - not to go all "KC's mom" here, but you have played a huge role in this - you are a hero in preventing an epic miscarraige of justice. Good on ya, lad.

Anonymous said...

Well, Nifong never has to file a motion to answere motions in this case - no judge needs to rule on the Osborne or others motions. I am sorry Kirk is not here today to see the shame of Nifong. If there is a heaven, he knows.

Anonymous said...

Cannot say this enough: Thank You KC Johnson, Bill Anderson, LieStoppers, Michael Gaynor and the rest who stood up and spoke and wrote!

Anonymous said...

as the camera pans on WRAL, where is KC?

gs said...

You know williamson by talking so long is torturing Nifong

Anonymous said...

Williamson is wonderful. He is addressing the comment in Fong's response about the bar being out to "get a prosecutor". Great he is distinguishing the capital cases where nothing beyond gross negligence happened. Whereas Nifong lied and guilty of intentional misconduct.

laxhooligan88 said...

AMEN 5:28...

KC is a historic figure in legal history from now forth as a pioneer in the public's ability to act as watchdog over the criminal justice system.

Anonymous said...

intentional prosecutorial misconduct

jamil hussein said...

Can the bar now recommend criminal investigation?

It would be nice to hear that in the end.

Anonymous said...

Thanks KC, you've been fantastic!

Anonymous said...

Williamson is doing a detailed, terrific job.

He's explainig the error in previous comments made that Mikey was just being singled out by the Bar.

This is devastating to Mikey and his fellow mentally disturbed janissaries.



Debrah

Anonymous said...

It's odd to blame Nifong for most of the foolish-looking. Had Nifong handled the case properly, they still would make themselves look foolish. For them, it was never about the case, it was always about their psychotic and dangerous view of the world. The foolish-looking belong in Stalin's Russia, not in the US, not in academia, not anywhere civilized.

Anonymous said...

"Intentional prosecutorial misconduct"

WOW!



gotc

Anonymous said...

" We have here a clear case of intentional prosecutorial misconduct"

Anonymous said...

Jamil,

In conversations around Durham I keep hearing the "Something happened" meme. Liberals can not be convinced with mere facts. They are a dull, dimwitted bunch, led by people like Nifong.

Anonymous said...

not to imply that academia is civilized, just that it should be.

Anonymous said...

What are those dogs barking in the background?

Are they going to feed Nifong to them after the hearing is over?

jamil hussein said...

When is the next DA Nifong appreciation week?

I might stop by (on the other hand, DPD is still there so better not to do that).

Anonymous said...

Your tactical approach KC has been invaluable. I hope that someday you have the courage to look at the bigger picture and and comment on the social currents that caused this to happen. You have identified all the players, you have dissected them with a sharp scalpel but you still don't understand the pathology and etiology of this disease or, if you do, you lack the courage to write about it.

Steven Horwitz said...

reasserting the innocences of the 3 guys

Anonymous said...

HOORAY! WHILE IT IS NOT IN THE PERVIEW OF THE PANEL ... evidence here supporst assertion of innocence.

Anonymous said...

We acknowlege the actual innocence of the defendants...

Anonymous said...

Didn't nifong have a watch on earlier? He removed it... I think he believeshe is toast when he walks out the door...

laxhooligan88 said...

gotta love Williamson making sure the players' innocence is a matter of record.

Anonymous said...

You have identified all the players, you have dissected them with a sharp scalpel but you still don't understand the pathology and etiology of this disease or, if you do, you lack the courage to write about it.

On the contrary, I think an understanding of those issues is exactly what brought KC to blog about this to begin with.

Anonymous said...

We acknowledge the actual innocence of the defendants...

beauty

Anonymous said...

Despite Williamson's clear statement, the "Something happened" crowd will continue to spew its garbage.

Anonymous said...

Just tuned in. Is the disbarment permanent or for a period of years?

Anonymous said...

It is technically permenant but everyone in NC has ability to reapply for readmission after 5 years.

Anonymous said...

I hope the civil suits don't neglect to after the slobs in the media that Nifonged these kids too.

The NYT's and Nancy Grace would be at the top of the list.

Anonymous said...

Thanks.

Anonymous said...

permanent.

Anonymous said...

Due process "hijacked!"

Fiasco is not too strong a word

Anonymous said...

1)exoneration
2)disbarment
3)bankruptcy
4)prison

Two down; two to go. I too sincerely hope that every prosecutor in the country is paying close attention.

Michael said...

The anchor on CNN just made an
unbelievable statement that she
thinks Chairman Williamson made up
his mind before the proceedings
and that that is unethical.

I will never watch CNN again.

Anonymous said...

Onwards to criminal an civil cases.

Anonymous said...

too bad you can't cuff him and take him away...

yet

Anonymous said...

Lane Williamson joins Roy Cooper as a hero of the hoax.

The Browns in Huntersville said...

wow, that was ugly. Man that was awesome. I am glad that NC law system took a pound or toe of flesh in public, on video. It does alot to heal the judicial system here.

Anonymous said...

Who was the commentator on CNN who said that?

Anonymous said...

CNN ... well, it was pretty clear absent some very different truth from the hearings that Nifong's goose should be cooked.

Mike's long 15 minutes comes to the end he created.

Anonymous said...

Jesus, I'm sobbing. I have chills.

Anonymous said...

The anchor on CNN just made an
unbelievable statement that she
thinks Chairman Williamson made up
his mind before the proceedings
and that that is unethical.


you are joking arn't you?

Anonymous said...

Cheshire is making a statement soon.

Anonymous said...

Now what am I going to do with the rest of my weekend?

The Browns in Huntersville said...

"The anchor on CNN just made an
unbelievable statement that she
thinks Chairman Williamson made up
his mind before the proceedings
and that that is unethical.

I will never watch CNN again."

I stopped watching CNN several years ago and this is exactly why. Any station that gives Nancy Grace all the rope she gets at CNN is not for me.

Anonymous said...

Chesire has just announced he is filing a motion in Durham County asking Judge to h0ld Nifong in contempt of court

Anonymous said...

Any chance that Fong had for mercy from the former defendants' and their families went out the window with his "(pause)... I believe something happened in that bathroom...."

Anonymous said...

Maybe certain segment of the population should not have the right to vote. That would solve a lot of problems in this country.

Anonymous said...

cnn.. nancy candiotti?

Anonymous said...

Multiculturalism, political correctness, class/sex/race-identity politics, groupthink, media narratives, uniformity of ideology of academic faculty, campus speech codes, and more, all of which played a heavy hand in this case, are tactics of a specific long term strategy and are connected.

Research Gramsci, critical theory, cultural Marxism, and Frankfurt school and learn for yourself.

gs said...

Its saturday, Mikey gets to be big story in sunday papers.

Anonymous said...

According to WRAL, there's a podium set up outside.

Watch Victoria Peterson try to hijack it.

RSB

Anonymous said...

Discussing civil cases now against the state and Fong... on FOX.

Anonymous said...

... saying state may avoid liability by throwing it all on Nifong's misconduct.

Anonymous said...

Very interesting shrubbery being shown on wral.com now.

Anonymous said...

GACK!!! I want Chesire's statement ... come on, WRAL.

Anonymous said...

did somebody say shrub?


what's the president doing in NC?

Anonymous said...

fox ripping liberals , ny times, women commetaries

Anonymous said...

Goldberg ripping the system and liberals, including feminists on Fox for their support of Nifong, to the textbook black/white stereotypes exploited wilfully by Nifong for the purposes of his election...

Anonymous said...

Goldberg on Fox saying this was liberal McCarthyism.......they should all be discplined. It was race baiting....

Anonymous said...

"Very interesting shrubbery being shown on wral.com now."


Could be they are Monty Python fans? LOL

Anonymous said...

ripping 88 profs on fox

Anonymous said...

WRAL on now

Thoughts on life said...

Fox - liberal 88 professors have not apologized...University President has not apologized...where are their apologies? Where is the apology of people in the media? (Goldberg)

libertewoods said...

'Nifong's motives appear to be self-interest and self-deception--not necessarily evil, but judgment was "so clouded by his own self-interest."'


I would say his judgment was clouded by a twisted sense of self-interest. Nifong acted against his genuine and ethical self-interest and wound up the disgraced and disbarred person he is today.

Anonymous said...

Reed on Fox

Anonymous said...

5:45:00 PM - you got that right.

The lefties dominating the MSM, feminists and lefty hate mongers on campus Nifonged these kids too.

That's where we are in America today. We must stand up and take back our college campuses and punish the MSM.

Anyone still watching CNN and purchasing the NYT's, you don't have clean hands. You are part of their revenue stream.

Thank God that FOX broadcasts.

Ed said...

"KC is a historic figure in legal history from now forth as a pioneer in the public's ability to act as watchdog over the criminal justice system."

It would be grand if some benefactor would step forward and endow some grand award of the stature of Nobel/Pulitizer for distinction in "new media." And, of course, this honor should be set up in such a way that, unlike the Nobel and Pulitizer, it would not become simply a means for leftists to honor and promote one another. Obviously, I am nominating KC for the first $1 million dollar prize!

Anonymous said...

Bernie Goldberg said it all on Fox News.

He hit the Gang of 88, Brodhead, the NYTimes, and all the enablers.

Says that all should apologize.

Debrah

Anonymous said...

Yes, 5:45 - Last purchased NYT in 2006, last donated to Duke in 2006.

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

LOL. Chesire could fill right in now that the Colonel is gone....

Anonymous said...

I'm truly sick of the McCarthyism comparison. The vast, vast majority of those targeted by McCarthy were guilty of supporting STALIN, the others would have but didn't know how. To compare the outright innocence of Evans, Seligmann and Finnerty to the Soviet agents outed by the McCarthy hearings is despicable. I've said before that McCarthy himself was a true asshole, but he was correct in exposing Soviet agents in the US.

Anonymous said...

Look at Duff Wilson's lame article about Nifong's disbarment http://www.nytimes.com/2007/06/16/us/16cnd-nifong.html?hp

He recounts the events noting that most of the police and the rape nurse belived the accuser etc - no mention of the declaration of innocence, the rish to judgment, the extent of Nifongs issues etc.
He STILL doesn't get it!!!

Anonymous said...

I want to hear from the idiot Diane Catotti and her Durham biddy buddies.

Debrah

Anonymous said...

Duff Wilson does get it, he is ideologically loyal though so he cannot report it.

Anonymous said...

I think Nifong finally realizes he was wrong. What will it take for the powers at Duke to realize they were wrong?

Anonymous said...

Congratulations to all those (and especially our blogger buddies) who have worked so diligently for this day.

Observer

Anonymous said...

Some body wrote - "He thought he could get away with it" Souns right.

Anonymous said...

I think the judges who testified for Nifong's character should be investigated now. Any convicted with them presiding and currently appealing should point to their utter lack of judgment regarding Nifong as part of their appeals.

Anonymous said...

"Multiculturalism, political correctness, class/sex/race-identity politics, groupthink, media narratives, uniformity of ideology of academic faculty, campus speech codes, and more, all of which played a heavy hand in this case..."

Off-topic, for a future thread:
I'm curious if anyone else thinkgs the 21-year drinking age had an effect, indirectly. The party would not have taken place at the house, but instead a bar. Also, the Duke students may have been willing to call the police to help remove the stripper from the bathroom if not for worries about Underage Drinking.

In fact, one reason some had alibis is because they left the party due to comments by the stripper and friend.

All 18-year-olds should be able to drink legally, and colleges would have an simplified time investigating cases like this. The Underage Drinking laws are a distraction to encouraging responsible behavior.

Off-topic, for a future thread, on another day sometime. Today's focus is specific to this case. Macro-issues for the comming weeks/months.

Anonymous said...

Amen to 5:45. The struggle against the Gramscians will be long and hard, the outcome far from certain. Would that Gramsci be as well-known and as vilified a name as Nifong.
Tom

Anonymous said...

Who is the lawyer with the Harry Potter haircut?

On FOx now

Anonymous said...

Nifong is still saying something happened in the bathroom - Defense lawyers just called it slander. Let the civil suits begin. The Fong no longer has amnesty.

Anonymous said...

Brad Bannon, the DNA hero.

Anonymous said...

Holy heck the WRAL feed must be getting hammered right now. Trying to find another.

RSB

Anonymous said...

Shocking discussion by the LAX Lawyers about how they just stumbled over the DNA from the fingernail investigation ... if not for that, they'd be tossed in the slam.

Bring on the reopening of so many cases in NC where DNA was used.

... F*&* Nifong ... I hope he is bankrupted and sweeps floors for the rest of his pathetic life. This scumbag... God knows how many lives he's ruined.

miramar said...

So if Nifong had not tried to go too far with the so-called fingernail DNA evidence (which of course had been contaminated in the bathroom trash can) Bannon would not even have been looking at the DNA material. That information is absolutely stunning. Hoist your own petard, Mike!

Steven Horwitz said...

Reade's lawyer is going to town on Mikey.

Anonymous said...

Reply 6:02
David Evans grandfather's sudden death last summer, perhaps brought on by this travesty of justice?
David Evans Sr now has diabetes, brought on by stress of all this.
Does Nifong care?

Anonymous said...

That IS stunning, and if this case has done anything, it's given me newfound respect for the concept of the Innocence Project. I'm not down with the lefty view, but dang! How many innocent people are in jail from the likes of railroaders like Nifong, or less skillful defense attorneys than these guys were able to get?

Bernie said...

What the lawyers said is srange, given that early on there were a number of commentators on FreeRepublic who were persuasively arguing that the false accuser had been extremely active prior to the party and had clearly lied about her activities. Goldberg on Fox had it right: This was a perfect storm that blinded all who wanted to be blind.

Anonymous said...

Rats = Feed went out jsut as FOng leaving.

Anonymous said...

There goes the Fongmobile.

Anonymous said...

6:06

While the Innocense Project sounds like a good idea, when the Executive Director of the organization came in and testified in almost a rabid manner in favor of Nifong, that tends to make me apprehensive.

RSB

Anonymous said...

I don't get the sense that Nifong cares about anyone other than himself. If he was at all introspective, he might think about how his overweaning need to increase his pension has in fact ruined his own life. But he won't. His wife will continue to support him financially, but we can ask "Was it worth it Mikey?"

Anonymous said...

In, the car, well that went well.

Anonymous said...

Indeed ... I don't like Sheck for getting OJ free. For the record I said the "concept" of the project ...

Anonymous said...

The defense Attorney's just said they're not done with Nifong. They're going to go for the jugular.

Anonymous said...

it stop streaming?

Anonymous said...

I'm off for a while. Thanks so much, KC.

gotc

Anonymous said...

I don't think the person who testified for Nifong is the executive director of the Innocence Project. She is the executive director of the North Carolina Innocence Inquiry Commission. Please don't sully the good reputation of the Innocence Project wrongly.

Anonymous said...

THANK YOU KC!!!!!

Anonymous said...

S0, is Nifong immediately disbarred and out as DA? Is he now unemployed? Or does this have to be approved by a higher authority?

Anonymous said...

6:11

Thanks for the clarification. I appologize for the mixup.

RSB

Anonymous said...

Barry Scheck is a close friend of Chapel Hill attorney David Rudolf.

Rudolf hasn't had a high profile case in a few years--since Michael Peterson.

My guess is that he will be a strong participant in the upcoming civil cases.

He seemed to have been schmoozing the Seligmann's this week at the hearing.

I like him. He's very dynamic in the courtroom. Somewhat of a prick.

Debrah

Anonymous said...

Good thing the Fong's house is in Cy's name.

Anonymous said...

The defense lawyer said that Nifong talks about how he (Nifong) knew they were great lawyers and would get to the DNA findings eventually -- and there the defense lawyer says that they wouldn't have, but for following up on the fingernails. He was implying, we're not such Great Lawyers.

If the prosecutor seems to be not getting much from the DNA, it sounds like a good reason, right there, for a defense lawyer to look deeply into it. But it's a big job.

Bannon spent 60 to 100 hours teaching himself from a textbook how to read the report. I guess that their resources were hardly unlimited. I'd have thought they could have found an expert to read it for them.

Meanwhile, what of the 88 for Hate?

Anonymous said...

Re: 5:38

I was watching CNN and believe that put into context the anchor said Williamson had made his mind up before the Fongian ploy of admitting that he deserved to be disbarred ... I did not at all get the impression you did.

I'm just delighted that the panel acknowledged actual innocence on multiple occasions :) if only they had taken it the next step and explicitly said that NOTHING HAPPENED in that bathroom ... but that would have been a step too far and probably not deterred the 'true believers' in that tripe anyways...

While it is a good day indeed ... justice has not been done (yet) because these players and their families have endured an undeserved horrific ordeal with costs both economic and emotional that can never be undone. Hopefully they'll get a few million bucks compensation!

Anonymous said...

"The defense lawyer said that Nifong talks about how he (Nifong) knew they were great lawyers and would get to the DNA findings eventually -- and there the defense lawyer says that they wouldn't have, but for following up on the fingernails. He was implying, we're not such Great Lawyers."

Not quite. He's saying that several of the highest-paid, most respected lawyers in the state were lucky to have found a way to break open Nifong's hideous abuse of power. He's saying that it was right and necessary to come down hard on Nifong because, contrary to that scum's dismissive assertion, even having an expensive powerful legal staff DOESN'T automatically protect you against a rogue DA.

Anonymous said...

As long as DA's, ADA's, judges, police, and the rest of the criminal justice system have near total freedom (under the laws) and virtually total protection of their personal assets abuses like this will unfortunately continue.

The solution is to make public officials personally liable (as a tort) for their professional misconduct. Nifong may not have cared but many will think twice before risking their homes, their children's education, and their retirement when they trample on the rights of citizens.

Cedarford said...

Great ending to KC's book, and his contribution to American justice. Not just his book, but his DIW archives will be looked at in law school studies.

Well done, KC!

My hope is as you move on to Israel and take on new interests, you do not abandon blogging but continue, and also continue to welcome posters interested in your thoughts.
I hope you keep up on fighting for the matter of academic professional behavior and conduct.

My, my, but you gave the Group of 88 and PC academic a big black eye!

Anonymous said...

if only they had taken it the next step and explicitly said that NOTHING HAPPENED in that bathroom ...

That goes beyond the known facts. Unless you were there and can testify from direct knowledge or irrefutable facts, you do not KNOW that 'nothing' happened.

But what we are all convinced of is that there is no credible evidence a rape or other assault was perpetrated on Magnum by these 3 LAX players.

Anonymous said...

This can't be true...I heard on CNN that prosecutors are immune from civil penalties. Here is a clear cut case of prosecutorial misconduct and malfeasence and essential there are no penalties other than being disbarred. How will the families recover for legal expenses and right this horrible injustice. Can someone please verify?

Mike said...

A just result indeed. Now on to other interesting issues and questions, such as:

(1) Did any of the deputy prosecutors in Nifong's office try to dissuade him (I must assume that they did), when, to what degree, and how did Nifong respond?

(2) What justice will there be for the Lacrosse coach sanctimoniously fired for the unforgivable sin of being a lacrosse coach?

(3) What justice will there be for the President of Duke who showed so little wisdom, humility and humanity throughout this travesty?

(4) What justice will there be for the 88 pseudo-intellectuals who cannot rightfully be categorized as human?

(5) What justice will there be for a news media who treated this story as one that was just too good to check? Would they recognize the phrase "mea culpa" if it bit them on the rear end?

(6) What justice will there be for the young woman whose false charges allowed Nifong to run amok?

Anonymous said...

6:30

There will be barriers of immunity to be overcome which is usually nigh impossibla ... but the Fong went so far astray in this case that it ought to be quite doable :)

Anonymous said...

POP QUIZ:

What was by far the most damaging (to Nifong) word that Williamson uttered when describing the lads?

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

Nifong ADAs must face state bar, as well. They cannot hide behind Nifong, they were officers of court.

At minimum, they must be fired. I'm sure they can find new job (for example, teaching Law & Ethics with disgraced former NJ governor who is doing exactly that). If not that, they can run for congress. Durham minority population has already shown how they vote.

Anonymous said...

(2) What justice will there be for the Lacrosse coach sanctimoniously fired for the unforgivable sin of being a lacrosse coach?

Duke settled with him (undisclosed terms) in the last week or so.

Anonymous said...

The defense lawyers said they're not done with Nifong, and that the protections afforded Nifong are not absolute.

We shall see. I agree that Duke has a lot of work to do to rebuild its reputation and the 88 need to be dealt with. But let's be honest, colleges are hidehouts for leftists who hide behind their PhD and self-ordained superiority. These scum jumped on a bandwagon to condemn innocent people. They need to get their just deserts.

Anonymous said...

So if Nifong faces criminal charges, does this mean he can hire Joe Cheshire?

Anonymous said...

He might have to get a public defender given lack of funds.

Anonymous said...

While the references to actual innocence were music to my ears ... I heard quite a few words in the Williamson explanation that could give the Fong considerable cover in fighting any criminal charges that may come along.

jamil hussein said...

Gang88 would have been fired (and prosecuted) had they quoted Bible or saying some other things liberals/ACLU do not like.

Asa far-left liberals they enjoy absolutely immunity. In fact, they got promoted and got more money as a reward. This country is doomed with all these academic pseudo-sciences instead of real sciences.

Anonymous said...

"The victims are the three young men, their families, the entire Duke lacrosse team and their coach, Duke Univ., the justice system in NC and elsewhere, and, indeed, prosecutors--honest, ethical, hardworking ones throughout the nation."

Not to take away from the ethical prosecutors, but one Nifong is one too many. I'll bet there is at least one more out there, maybe two?

Anonymous said...

6:41

There's a big difference between a gifted leftist (eg, Noam Chomsky and Alan Dershowitz) and academic-welfare-sucking racists.

Anonymous said...

Any chance the AG's office will reconsider investigating the the DPD and DA's office?

Anonymous said...

i love this. the black community has been more than happy to throw nifong under the bus on this thing. where have they been to show their support for doing thier bidding? why haven't they been banging pots and pans outside of the court of appeals to show solidarity with their race baiting hero?

we all know its coming, but the next thing will be that the black community claims that they owe no apologies because nifong misled them. oh this is too rich.

windbag

Gary Packwood said...

Anonymous 6:41 said...

...But let's be honest, colleges are hideouts for leftists who hide behind their PhD and self-ordained superiority. These scum jumped on a bandwagon to condemn innocent people. They need to get their just deserts.
::
If the Duke Gang of 88 had not jumped on the bandwagon, there might not have been a bandwagon in the first place.

Alumni who fund these positions may wish to ponder their own future as co-conspirators.
::
GP

Jail to the chief (prosecutor) said...

Nifong is desperately trying to avoid a criminal trial.

He knows his only hope of this is to accept all civil punishments handed him.

I wonder at what point in the last year did Nifong realize that he could not pull himself out of the hole he dug for himself?

jamil hussein said...

6:57: gifted leftist is an oxymoron.

Alan D is hardly a typical leftist (may have been misguided when he was young, but he does not support Stalin or Hamas - quite the opposite).

Noan Chomsky is one of the leading hyporocrites (ie. uses country's best tax evasion law firm to hide his millions in offshore accounts and avoid paying taxes) and academic frauds and staunch supporter of Stalin, islamic fascists, black racists and terrorists in general. Naturally, he is an anti-semite.

Anonymous said...

Speaking of Alan Dershowitz,where has he been? Maybe he'll be defending the Gang of 88.

Gary said...

If it were a plot of a John Grisham novel, would be considered too contrived.

Kid's swim meet, missed it all. But hey, they stole my line! KC could never have published this as a work of fiction.

As for those of you who think this affair also exposed the total bankruptcy of the ideological left. I AGREE. But exactly the same IS TRUE of the right. Look no further than Bush's sweeping aside of due process in the Federal justice department, ignoring the due process of a fair assesment and analysis of intelligence data and what a total rot that's been.

Instead, vote and support people of whatever party that are FOR due process, for rationality and science, for balance of power. Here's the clue, if someone sounds like a preacher (Nifong on Hooligans for example, Jesse Jackson on anything, Bush with his faith based corruptions), if they sound like this, hold your wallet, don't turn your back, walk away then run. And literally for God's sake, run them out of positions of power.

Michael said...

I was serious about the female
CNN anchor who posed a question in
which she said (paraphrasing): that
by quoting Mark Twain, it seemed like
Chairman Williamson was reading a
prepared statement and that he had
made up his mind in advance of these
proceedings, then her question was
"Isn't that unethical"

I don't know her name BUT I did record
what she said on DVD.

ali g said...

No dissin' me main man Professor Norman Chomsky

Vitruvius said...

"You and I are told we must choose between a left or right, but I suggest there is no such thing as a left or right. There is only an up or down. Up to man's age-old dream-the maximum of individual freedom consistent with order or down to the ant heap of totalitarianism. Regardless of their sincerity, their humanitarian motives, those who would sacrifice freedom for security have embarked on this downward path. Plutarch warned, "The real destroyer of the liberties of the people is he who spreads among them bounties, donations and benefits."
-- Ronald Regan

Anonymous said...

Nothing wrong with him making up his mind before the formal decision. The outcome wasn't only dependent on the public hearing this week by the Disciplinary Hearing Committee, but also on the numerous filings made by the State Bar and Nifong's lawyers long before these hearings.

Anonymous said...

"Instead, vote and support people of whatever party that are FOR due process..."

Like actually holding Committee Hearings on Immigration Reform, instead of a deal negotiated outside the normal legislative processes?

And transparency on earmarks?

Never mind, let's not hijack this thread to general politics. Stay on reactions to the today's and this week's hearing.

bill anderson said...

As for those of you who think this affair also exposed the total bankruptcy of the ideological left. I AGREE. But exactly the same IS TRUE of the right. Look no further than Bush's sweeping aside of due process in the Federal justice department, ignoring the due process of a fair assesment and analysis of intelligence data and what a total rot that's been.

That is why I tend to vote libertarian. Neither the Republicans nor the Democrats have been consistent about due process and the rule of law. It really cannot be obtained politically, anyway, since politicians are interested in personal power, not the rule of law.

Those of us who care about due process and the law won a very, very small victory today. But, given what I see around us, I will take what I can get.

Anonymous said...

Help, I am junkie, I missed David Evans testimony (and all after that), anyone know of any links to replay them ??????

BDay

Georgia Girl said...

The "families" will NOT go for the jugular (criminal charges). They've made their point.

Nifong should pursue a career in the theater. He's a wonderful actor ... cries on cue like somebody else I know.

There are TWO things that irk me worse than Nifong:
(1) I'm old enough to be Reid's "grandmother", and
(2) I lose my tool bar every time I come in here.

Hey, by the way, has anyone noticed how very beautiful Reid's Mom is?

So much for my daily wisdom.

Anonymous said...

7:25...
well. Mr. Cheshire already indicated there would be more civil action... so, unless there is a change of heart, I suspect more to come.

Anonymous said...

And what did the MSM learn from this fiasco?, damn nothing.

Of all of the players in his horror, they after Nifong should be taken to the woodshed.

And, when are decent people going to wise up to the cretins that are tenured on our college campuses? Ward Churchill still has a job.

Frontline, David Berkowitz's site, as been hammering at this travesty for years now.

Why are we accepting that it is ok to put our vulnerable 18 year olds into the presence of these faculty fools?

So many lessons to be learned here.

Anonymous said...

JLS says....,

Sorry Bill but I can not agree with you on this.

1. Is it a Democrat or Republican DA in this case?

2. Was it a recent Republican or Democrat administration that got its hands on hundreds of FBI files?

3. Do we find the people braying about taking away defendant rights particularly in rape cases usually in the Democrat or Republic party?

The people most likely to abuse the power of government are those people who see government as the solution most of the time. Of the major parties, which one would that be Bill?

Georgia Girl said...

.... 5:33 p.m. made an excellent point.

Anonymous said...

JLS says...,

re anon 7:28

The MSM as represented by CourtTV tried to ignor this matter once the "meta-narative" turned against them. The whole idea that a hearing this rare and important would be on a Saturday and CourtTV would not cover it tells you all you need to know.

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