Friday, June 15, 2007

Nifong Character Witnesses

In an odd move, Nifong is now putting character witnesses on the stand.

Judge Anthony Brannon (the guy who was asleep earlier in the day): says Nifong has an "outstanding" reputation for integrity; praises Nifong for his record of turning over exculpatory evidence.

Cross-examination, one question:

Q: Is it your testimony that Mike Nifong currently enjoys a reputation for truthfulness?
A: I think he does.

Judge Marsha Morey

"I have never doubted his truthfulness."

"Mike had a long career as an ADA--set the highest standards for truthfulness in Durham County."

Strong for open file discovery.

cross-examination:
Q: Is it your testimony that Mike Nifong currently enjoys a reputation for truthfulness?
A: I think he does.

Judge Elaine Bushfan

Has interacted with Nifong since 1991; "stellar opinion for truthfulness." Praises his reputation for open-file discovery.

cross-examination:
Q: Is it your testimony that Mike Nifong currently enjoys a reputation for truthfulness?
A: Yes, I think he does.

This is an astonishing event: two current Durham judges and one retired Durham judge have publicly stated that--even now--Mike Nifong has a reputation for truthfulness.

Executive director of NC Innocence Inquiry Commission (post-conviction innocence cases); former Nifong ADA; and former Jim Coleman student (Kendra Montgomery-Blinn)

"Has an excellent reputation for honesty and truthfulness in the community." Long champion of open-file discovery.

Says that it's the duty of the DA to try high-profile cases.

"No-drop" policy of the Nifong office--any domestic violence or sexual assault case, the office's policy was to go forward.

Montgomery-Blinn has just rationalized Nifong's dismissal of the rape charge but the retention of the other two allegations.

[The idea that the head of the executive director of the Innocence Commission is testifying for Nifong is extraordinary.]

129 comments:

Anonymous said...

Oh, I thought that was Boss Hogg.

Anonymous said...

JLS says...,

So we are to conclude, if Nifong is not losing an election, he is honest. That is not very reassuring to me.

Anonymous said...

I'm a member of the durham bar. Nifong has a lousy reputation for everything among the bar.

Anonymous said...

Why Now?

Anonymous said...

JLS says...,

Now that was a funny cross.

Anonymous said...

This guys thinks Nifong has a reputation for truthfulness... how long has he been asleep?

Anonymous said...

JLS: that, of course, supposes we can believe this guy.

Anonymous said...

they hang the bastard tonight

Anonymous said...

Hey bar member.. what about that Judge.. does HE? How important is his opinion?

Anonymous said...

Judge Brannon says
"nifong has an outstanding reputation for integrity".
What do I base that on, I asked him and he told me.

Anonymous said...

They should have asked him if Nifong is mentally disturbed since if he is honest that is all that is left.

Anonymous said...

These guy's are not going into Saturday with this piece of shit

Anonymous said...

I know very little about the Judge except that he's full of crap with respect to Nifong's rep among the Bar.

Anonymous said...

I'm loving the commentary on WRAL.

Anonymous said...

James Coleman is speaking on the WRAL webcast.

Anonymous said...

Stephens and Smith BOTH gave him every benefit, they ruled against the defense, they post poned ruling on key defense motions, they took Nifong at his word...

The ONLY reason that any of this has come to light is because the three boys had the money to hire the best attorney's in North Carolina, and because there were a few powerful voices in the media, namely Dan Abrams, that saw what was happening.

At this point, based on what we've seen of Durham County judges, my assumption is they are corrupt.

Anonymous said...

what is coleman saying? thanks

gs said...

Coleman said . Resigning will not save Nifong.

He has no integrity.
He know about the DNA, had several meetings on it.
He can not represent Durham.

Anonymous said...

Coleman should be Duke's new Pres

Anonymous said...

So he sincerely believes "something happened". Big deal. He might be 100% truthful in what he believes, but that's not how the law works. When the evidence came back to bring strongly into question that these boys were to blame for the 5 to 10 DNA samples in her panties, behind and vagina, he should've done the "honest" thing and disclosed that to the defense, and strongly reconsidered what charges if any he could indict over.

This completely ignores the evidence that she was a for-hire whore with a psych history.

Anonymous said...

Any North Carolina bar members know what appeal rights Nifong has from the bar's disciplinary committee? Can he take this to court to fight losing his license?

gs said...

I love that Nifong finds her credible, with multiple stories. But he never talked to her about the case. Thats why he sent Linwood in Dec, so he could still say he thought she was credible.

Anonymous said...

7:52

You can fight anything if you want to spend the money. Nifong does not have the money, and he would lose anyway.

Anonymous said...

I hope this is over tonite... and he leaves in cuffs.. hey, durham lawyer anon.. can this panel do that? Charge him, or whatever it is...

Anonymous said...

Professor Coleman is amazing. I heard him speak in Delaware in May. I left wishing I were back in law school and taking one of his classes. He's bright, thoughtful and humble.

Anonymous said...

somebody here is to put out the fire

Anonymous said...

Why does KC think it is an odd move that Nifong would put on character witnesses? I would agree that they will do him no good. The evidence is too overwhelming. But I think using character witnesses is a typical move for the defense.

Anonymous said...

NO MERCY

A law license like every other professional license is a privilege license. Resigning as DA doesn't remove the harm Nifong would continue to impose to the public if he still practiced. Nifong has not demonstrated the ethics and professional judgment a lawyer needs to possess.

His license must be removed for no less than five years. He can earn income from writing a book and speaking at continuing education conferences about the tough lessons he's learned.

He simply can't be permitted to continue to practice law after thumbing his nose at it for the past year.

NO MERCY.

gs said...

Nifong, is trying to show he is a good guy.

I understand Hitler liked dogs.

Anonymous said...

JLS says...,

These Durham judges coming in as character witnesses shows how corrupting the case management system in Durham is. They are owned by the sitting DA.

Anonymous said...

Yes -- The strategy here is to convince the panel that it would be wrong to take away his license permenantly when he was such an angel for 28 years.

Put another way: "Don't look at the facts, your honor. Look over hear at this nonsense we are putting on the stand now."

Anonymous said...

Wow, this lady is really full of crap.
How are there so many dishonest judges in NC

Anonymous said...

1. The State Attorney General should swarm the Durham DA's office and especially review Nifong's past cases to see what other evidence he has withheld from defense attorney's.

2. Anyone in the DA's office that had any reasonable knowledge of how Nifong was mishandling this case should be fired.

3. This is a Federal Civil Rights case just waiting to be heard.

Tomorrow will be Nifong whining why, after being found guilty, he should not be disbarred.

Anonymous said...

JLS says...,

She did it again.

Anonymous said...

I LOVE these cross examinations!!!!

Anonymous said...

7:56

It's the Wookie Defense.

Anonymous said...

I think they will issue a ruling tomorrow or Monday. I believe they are going to make a strong statement that indicts Nifong's behavior along with whatever action they take. They are going to want to have some time to craft this.

As far as Nifong being guilty as charged, that will take about 5 minutes discussion, what his penalty should be, maybe an hour.

gs said...

Coleman is saying, the witnesses are hurting Nifong, It shows he behaved differently in the past. He did something totally different in this case.

Anonymous said...

Prof. Coleman doesn't think either of the character witnesses are useful because his current actions are in such stark contrast to the past.

Anonymous said...

Bushfan is miss sweetness and light, isn't she?

Anonymous said...

Does anyone else think Marsha Mooney and Tara Levicy would make a cute couple?

Anonymous said...

These people are really resting any good reputation they may have on nifong.
Great, I hope they all crash and burn with him.

Tim said...

Bar Member here: The whole Durham legal establishment is rotten. Jim hardin was even worse than Nifong.

Anonymous said...

Because the character witnesses would have been better off appearing in the second phase. Its obvious that Nifong will be found guilty; he even admitted that much.

Anonymous said...

memo to myself: never visit Durham. You never know what these clowns (DPD, judges) will do to you.

Anonymous said...

How can they testify as to what his reputation is? I can understand them testifying as to what their own opinion is, but not as to what is the rest of the community's opinion.

Anonymous said...

Mission of the NC Actual Commission

The North Carolina Actual Innocence Commission is established to provide a forum for education and dialog among prosecutors, defense attorneys, judges, law enforcement personnel, legal scholars, legislative representatives, and victim advocates regarding the common causes of wrongful conviction of the innocent and to develop potential procedures to decrease the possibility of conviction of the innocent in North Carolina, thereby increasing conviction of the guilty.

She could be asked some interesting questions on cross.

Anonymous said...

JLS says...,

These witnesses are great for the prosecution. They go to motive. Nifong behaved differently than he usually did because he had an incentive to win a primary.

Anonymous said...

It was Crystal burning the crosses in Durham

Anonymous said...

Cross burnings? What's the difference between that and the pot bangers in front of the Lacrosse house?

Anonymous said...

Whatever happened to the hearsay law.
Not only is this loser telling us how wonderful nifong is, but she is telling us about other people who think nifong is wonderful..

Geeze, this lady studied her story very good..speaking a mile a minute without stopping to breath.

Anonymous said...

Does anyone else think Marsha Mooney and Tara Levicy would make a cute couple?

No. Give it a rest.

Anonymous said...

Tara has a husband

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

JLS says....,

Good lawyer isn't she?

Anonymous said...

"Coleman should be Duke's new president"

I nominate Polanski, who actually has original ideas--and balls.

Trinity '74

Anonymous said...

What a relief to finally see karmic justice at work in the world. Durham should have known Nifong's case was baloney with those very first public DNA tests in April '06. They still went ahead and elected him out of racist hate (in this case, anti-white racist hate). Now Durham is getting what it deserves. And it's only begun.

Anonymous said...

NCAIC "is"..."will"...

Are they a PAC, who is on their Board? It appears they have just been formed...

Anonymous said...

KC:
The idea that the head of the executive director of the Innocence Commission is testifying for Nifong is extraordinary.

The irony hit me pretty strongly as well as soon as I heard what her position entailed.

-RSB

Anonymous said...

She will be the next Durham DA

Anonymous said...

JLS says...,

So the idiots in NC put a femi-Nazi in charge of staff at their actual innocences commission.

Anonymous said...

The whole bunch of them are corrupt, goodness knows what kind of shenanagens they let Nifong get away with in their courtrooms!

I agree w/ "note to self" stay out of Durham if these judges are still convinced Nifong is an honest man, best to stay out of the city.

Anonymous said...

Three Durham County judges and the exec director of the NC Innocence Commission?????????? Reade was right--he had little chance of getting a fair trial in North Carolina. This is quite simply rampant professional insest throughout the NC justice system. Horrible.

Anonymous said...

Possibly ignorant question, but... why isn't Crystal Magnum being interviewed? Wouldn't that be an easy way to show just what a hoax this is?

Anonymous said...

All these fools who say Nifong presently has a good reputation for honesty are either dishonest or delusional. How could they so wrongly perceive the overwhelming public opinion that Nifong is a worthless POS?

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

Can we get some examples of the crap this lady is saying.
Sounds like she is saying, what nifong did happens all the time, and everyone is good with that.

beck said...

Jim Hardin was corrupt as well? Hate to hear that after watching him whoop david rudolph in the peterson case. What about Freda?

Anonymous said...

Slow her down! She can't wait to fawn over "Mike"

Anonymous said...

KC, please delete the inappropriate "Negro Studies" reference. That language has no place here I hope.

jamil hussein said...

Executive director of NC Innocence Inquiry Commission: "some cases must have their day in court"

I agree. Nifong must have his day in court and have the privilege of defending himself against criminal charges.

Anonymous said...

JLS says....,

She just called Nifong a roll model?

Anonymous said...

Ask her what she thought when the AG said the boys were INNOCENT?

The Scrapper said...

Nifong said he would resign!

Anonymous said...

The executive director of NC Innocence Commission is driving me batty. Does she jump around all the time? Get her off the stand - she talks entirely to fast and is way too wordy. I cannot imagine working with her. Maybe she drove Nifong crazy!

jamil hussein said...

indeed. Why Magnum is not questioned here?

rrhamilton said...

Right now, I'm undecided between a 5-year disbarment or a lifetime disbarment.

Anonymous said...

What an idiot.....and a windbag to boot.

Anonymous said...

If Nifong truly thought the LAX players were guilty, he really is stupid.

Anonymous said...

If you close your eyes and imagine a philly accent, it's Rosie O'Donnell

Anonymous said...

I don't know what he said, but he said. WTF is that?

Anonymous said...

JLS says...,

jamil hussein

Really none of this should be going on. Nifong is charged with 20 specific violations of ethics that most of this has nothing to do with.

Anonymous said...

The director of the NC Innocence Commission's Mentor and inspiration is MIKE NIFONG!!!!!

We have just entered the twilight zone.

Anonymous said...

He deserves life in prison!

Anonymous said...

JLS says....,

Losing a victim would not change ones opinion on guilt but chance of winning?

Anonymous said...

"if a victim was inconsistnet"

Ummmm...

jamil hussein said...

"I'm undecided between a 5-year disbarment or a lifetime disbarment."

huh?
I'm undecided between a 10 years in jail or a life sentence.
His lifetime disbarment is not in doubt.

Anonymous said...

Good lord, I hope she realizes everything she's saying right now is burying the everloving crap out of him.

She's above and beyond a character witness at this point.

RSB

Anonymous said...

JLS says...,

You idiot he dismissed the rape charges because he wanted the DNA evidence to not matter as much.

Anonymous said...

stop it lady. you're killin' me.

beck said...

mangum has a performance scheduled tonight and could not attend the proceedings ;)

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

Why isn't Mangum questioned? Why isn't Mangum in jail? Crazy is no excuse.

If she is crazy she shouldn't have custody of her children.

Anonymous said...

Yes, Nifong deserves life--and a daily dose of licking the come dripping out of the whore's anus.

Yummy in Mikey's tummy.

Anonymous said...

stop with that crap

Anonymous said...

Alev says:

I wish the bar had had MN's campaign manager as a rebuttal witness to the character witnesses.

Anonymous said...

With all KC is doing for all of us during this lengthy hearing, it's a shame he has to take him time to delete this jerk's inappropriate posts.

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

A word of warning for all of us. Be prepared to be outraged. Anything can happen, really. There is an ideologically based lunacy on the loose throughout the land and it has penetrated all institutions. Just look back and remember your shock at the OJ trial verdict. You can never know these days.

Anonymous said...

Am I stupid, I thought when you were 'disbarred' that was it, can you move to get your license back after being disbarred rather than suspended?

It is REALLY shocking that someone dedicated to exonerating factually innocent people would come within 100 yards of Mike Nifong.

Another example of how corrupt Durham is right to the core.

Anonymous said...

The "no-drop" policy for domestic violence and sexual assault cases isn't just a Nifong office idea. It's followed in many jurisdictions across the US & Canada. Guess too many complainants were changing their minds after charges were laid. In some cases women trying to have charges dropped have been threatened with charges themselves.

Anonymous said...

Peter Neufeld made dumb DNA statements about the case. Barry Scheck said nothing. Why are folk surprised about the Innocent Project Director?

Anonymous said...

New Thread, Dudes.

Anonymous said...

JLS says...

re: anon 8:25

Like Life-time bans in the NBA and life sentences sometime life does not mean life.

re: anon 8:24

I agree it is ashame we have children in here misbehaving during the hearing.

Anonymous said...

A little off base here but looking back, one of the most satisfying moments is when Nifong is trying to talk to a gentleman who I believe was the voice of Duke Sport(s) that refused to shake Nifong's hand and in a quiet, classy manner told Nifong to buzz off.

Anyone remember or have a clip?

Michael said...

Rather than ask "is it your contention that
Mr. Nifong currently enjoys a reputation of
truthfullness," I would have asked:

Having heard the testimony in this case,
would you say that Mr Nifong acted
truthfully in all aspects of this case,
throughout the entirety of this case?
Would you stake your reputation on
your answer?

beck said...

Bill Harris is the Voice of all Duke sports. As a Demon Deacon I don't much care for him, but he really did score points in his rebuff of nifong.

Legal Eagle said...

Regarding "Honest Mike."

Welcome to reality, pilgrim - because there's 24,997 more from where today's three came from.

Anonymous said...

No drop policy. The State of NC should have a uniform policy so that every jurisdiction is the same
throughout the state. That every DA can set their own policy is absurd.

Ralph Phelan said...

"Mike had a long career as an ADA--set the highest standards for truthfulness in Durham County."

Sadly, it appears that could well b true!

mac said...

Reading through all of today's
posts, I respectfully disagree
with the assessment that Mike
Nifong is mentally ill, stupid
or incompetent.

I believe that he's possessed -
(like Crystal Gayle Mangum.)

Didn't anyone ever tell you that
"possession was 9/10s of the law?"

lm said...

8:27

Agreed. Dallas has had a lot news stories about the Innocence Project. They are very happy to publicize the exonerations occuring locally. In light of Nuefeld's comments, I have come to believe that the Innocence Project might be less than enthusiastic about defending white males. Their mission sounds noble but it appears that political correctness and liberal politics have tainted their ethics.

Anonymous said...

"[The idea that the head of the executive director of the Innocence Commission is testifying for Nifong is extraordinary.]"

In place of "extraordinary", I think obscene or disingenuous are a better choice of words.....

Anonymous said...

What kind of political connections did this woman have to get her job? Obviously, she has no understanding of what her current job description entails.

Anonymous said...

The Innocence Project with an agenda driven ideologue apologist for Nifong as head. No surprise.

Look at the shenaningans of the political selectiveness of Amnesty International. Check out the sleaze at the UN and their humanitarian agencies.

It's so rich with hypocrisy.

Typical lefties.

Anonymous said...

After Peter Neufeld statements and Barry's lack of defense of DNA = why are yu surprised.
Mac - What did you think about Nurse Tara??????

George bin Laden said...

Any reason why CGM wasn't called to testify?

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

Three judges just said the Nifong HAS, not "had until last year/last week/5 minutes ago" but STILL HAS a reputation for truthfullness.

A lot have people been astonished at his behavior in this proceeding, wondeing how he could possibly think he could get away with it.

And here's our answer - if it were Judges Brannon Morey and Bushfan in charge of this hearing, he would have!

Somethings seriously wrong here.

Anonymous said...

I agree with 8:00. Why are these two female judges staking their reputation on Knifong? They're basically saying that Knifong was acting with integrity the entire time. I'll definitely remember their names if they decide to run again.

Ralph Phelan said...

"Why are these two female judges staking their reputation on Knifong? ... I'll definitely remember their names if they decide to run again."

Oooohhhh, judges are elected in NC.

I guess they're assuming that "something happened" diehards outnumber rationalists like you in their electorate.

I'm hoping they're wrong, but betting they're right.

Anonymous said...

Hearsay testimony as to reputation for truthfulness is the only way it can come into evidence. I'm at home and don't have a citation to the NC case, but FREV 803(21) is essentially same. Thus, the only way Nifong's character witnesses can testify about his reputation is via the hearsay exception.

Walt in Durham

Ralph Phelan said...

Walt - that's "How." We're wondering "why."

The guy has ben shown, on national TV to be the biggest sleazbag in the world. There's been testimony in court about how his name is now a verb for prosecutorial misconduct. He just resigned as DA in a (failed) bid for mercy.

Someone asks you if he CURRENTLY ENJOYS a reputation for truthfulness.
I could see saying "Well up until last week he did." I'll figure you're lying, but at least
you're not insulting my intelligence.

But to claim the he currently, as of this moment, enjoys such a reputation? I'm pretty sure the question was worded in such a way, and followed with "no further questions," because the answer is so patently untrue that there's no point even taling to this witness anymore, they've just destroyed their own credibility. So what possible motivation is there for so testifying?

My only guess is that in Durham politics as in academia, it's still better career-wise to be on the side of PC than to be on the side of the facts.

Parentalcation said...

I think you misquoted the character witnesses.

Are you sure they didn't say "truthiness" instead of "truthfulness"

Anonymous said...

Ralph,

The judges in Durham, like most in NC districts with an assignment system, are beholden to the DA. Further, most Judges are former ADAs or DAs. If you ask criminal defense lawyers about Nifong's reputation you would get a different answer. It is fair to let Nifong put on his defense as he sees fit. It is a level of fairness he never acccorded Seligman, Finnerty or Evans. But, that's what makes the NC Bar better than Nifong. Being fair does not mean being gullible. The DHC members who are lawyers know how it is for judges. They will weigh their testimony accordingly.

Walt in Durham

Anonymous said...

"It is a level of fairness he never acccorded Seligman, Finnerty or Evans."

I must have missed the part where Cheshire's grin wasn't all over the news? Or where Nifong submitted a motion to have the trial end when the prosecution rests, preventing the defense from submitted evidence? Oh wait, this case never went to trial, the defendants were never convicted or sentenced to anything -- unlike Darryl Hunt, who spent many years in prison due to magnitudes worse prosecutorial misconduct, and whose prosecutors are now judges and assistant prosecutors in the attorney general's office as rewards.

Lastly, you can't have it both ways: by the unprecedented move of filing the ethics charge during pre-trial hearings and thus removing Nifong from the case, you lost the ability to judge his character over the lifetime of the case. Attempting to punish him for a trial which he did not prosecute, or evidence he never introduced or failed to introduce, is fairly disingenuous.

Anonymous said...

Kendra Montgomery-Blinn of the Innocence Project thinks Mikey's just fine. I guess you could call that an em-ployment guarantee for Kendra; with prosecutors like Nifong around, the Innocence Project is guaranteed clients. Kendra must have her head completely up her butt!

Anonymous said...

Oh wait, this case never went to trial, the defendants were never convicted or sentenced to anything -- unlike Darryl Hunt, who spent many years in prison due to magnitudes worse prosecutorial misconduct, and whose prosecutors are now judges and assistant prosecutors in the attorney general's office as rewards. Gell, Hunt, the Washington pre-school cases are all terrible examples of Prosecution run amok in NC. But, three wrongs do not make a right. To continue to perpetuate wrong doing by DAs simply because we have in the past would just doom more and more innocent people to prison. I cannot believe that's what you want to happen.

Anonymous said...

Sorry, the 10:06 comment was from me,

Walt in Durham