Thursday, June 21, 2007

Nifong & Emostafa

In perhaps his least credible set of assertions the entire day, Mike Nifong suggested that he had no involvement in the decision to arrest cab driver Moezeldin Elmostafa--and, indeed, that he didn't even know Elmostafa was going to trial until the day the trial occurred.

35 comments:

Anonymous said...

I'm sure this question's been asked, but how the hell are we to believe that Nifong had no knowledge about virtually any aspect of this case with all it's media coverage, and clearly with respect to being THE most important case in Nifong's career?

Michael said...

re: 10:55

He's using the Sgt Schulz defense.

It would be nice if Duke Legal invited Elmostafa to talk at their upcoming law confab on the Lacrosse case.

Anonymous said...

It's amazing that most of us (let alone KC) knew more about this case than the person prosecuting it!

I've read virtually everything I could find for the last 14 or 15 months--and I lived in the Triangle when this all started! Read the same papers Nifong got daily, I'm sure!

How on earth could he have managed to read nothing, see nothing, know nothing? Of course he did, but what other explanation could he come up with, under oath, to try and explain the things he's done?

jamil hussein said...

Is he illegal immigrant? If he is, that would enable Gonzales to order federal investigation for violating his civil rights.

Anonymous said...

If he was illegal, he would likely be deported by now. I say it's a safe bet he is a legal immigrant.

Anonymous said...

No that this is over for the most part, any bets how long KC continues to make it his life mission???

KC Johnson said...

Elmostafa is a legal immigrant.

Anonymous said...

Off topic, but I loved your op-ed in today's Chronicle. Speaking as a Duke parent, the many hours you have spent on this blog are much appreciated. I am a faithful reader and look forward to reading your book!

jamil hussein said...

If he was illegal, he would likely be deported by now

huh? Local police - by law- cannot deport anybody and federal officials refuse to do so (except in some PR stunts in factories while amnesty bill is being debated).

Too bad (for the falsely accused) he is a legal immigrant. That would have opened a backdoor for federal investigation. Now Gonzales could not care less.

Michael said...

http://www.dukechronicle.com/home/index.cfm?event=displayArticleComments&ustory_id=778e5a3f-7df2-4f82-974f-c9c302316a41#8977e105-4203-427f-ba65-7ee8b0181b40

For anyone else that wants to read the opinion piece.

Anonymous said...

Nifong has forgotten the statements made by one of DPD's finest: that he (Nifong) was to be notified as soon as Elmostofa was arrested and brought in. Fortunately, Elmostofa is an honest and honorable man who told the truth even under veiled threats by the DPD- "Do you still stand by your story?"
Apparently Nifong doesn't realize that there are people out here who have paid attention throughout this fiasco. Does he think we are that stupid? Nevermind. I have answered my own question!

Ralph Phelan said...

I hope nobody considers Roy Cooper a hero in all this. This is a pretty obvious case of witness intimidation.

By investigating Nifong only and giving the DPD a pass, he's clearly doing his best to keep the North Carolina Railroad system of justice in place with least disruption possible. He's hoping Nifong's a big enough bone to keep the Feds from coming in and looking for more.


I hope nobody considers Lane Williamson a hero in all this. His statements about how *extraordinary* this all is and his repeated apologies for interfering in an ongoing case pretty much amount to the following message to prosecutors:
"Making inflammatory statements, hiding exculpatory evidence, trying to frame out-of-staters with real lawyers - pick any two. But we won't let you get away with all three at once, because that might attract attention from the Feds."

So far as I can tell the only honest public official in all of NC is Walter Jones. And don't try and claim it's because he's Republican - so's Liz Dole and she's been deafeningly silent.

Ralph Phelan said...

"Apparently Nifong doesn't realize that there are people out here who have paid attention throughout this fiasco."
Yeah, but how many?
"Does he think we are that stupid?"
No, he thinks the voters of NC are. You gonna claim he's wrong?

I still say when this is all over, he winds up in the State House.

You can't fool all of the people all of the time, but if you can fool 51% of one district, that's good enough.

rrhamilton said...

KC, regarding your article:

Near the end, you refer to the "metanarrative". First, I think you transposed two words -- calling it the "metanarrative misleading" instead of the other-way-around. Second, I think the word you should've used in describing the 88's rendition of this case was "micronarrative". The "metanarrative" is the lie they tell when they teach that what happened to CGM by the lacrosse players was what was historically happening to large numbers of black women by white men generally.

Anonymous said...

This has got to be one of the scariest parts of the case. Elmostafa is one of the true heroes of the case. Courageous, simply courageous. I hope he gets a piece of Nifong's hide. Witness intimidation...did Nifong learn this from watching the Sopranos? What a complete loser. I hope criminal charges follow the civil suits now that the NC Bar has done its job.

Anonymous said...

"We have a policy in the (DA's) office..."

"video evidence...sufficient evidence to try the case"

What is wrong with these statements??!!?? This guy is truly unbelievable. Losing his license is not enough. I hope the three accussed get every single cent this guy has accumulated in his pathetic life.

Ralph Phelan said...

"Witness intimidation...did Nifong learn this from watching the Sopranos? "

No, he learned it on the job in the Durhan DA's office. You'll notice the Durham DPD is very good at it - think maybe they've been practicing for a while?

jamil hussein said...

did Nifong learn this from watching the Sopranos?

Perhaps being the "enforcer" for the mob is most suitable new avenue for Nifong and Linwood.

Is Gotti still hiring?

rod allison, detroit said...

From these clips it looks like Tara Levicy spent the entire hearing glowering at Seligmann and the defense lawyers.

Ralph Phelan said...

"Is Gotti still hiring?"
I think he's got higher standards for his personnel. Certainly they tend to be a lot less self-destructive on the witness stand.

Anonymous said...

Well, North Carolina has delved into the bottom pit of wonderland with its district attorney appointments. The law is "whatever we say it is."

Anonymous said...

I'm glad KC wrote that column. More than likely most of the gritty Gang of 88 have seen it.

At this point, embarrassment and continued vigilance of their future actions in the halls of academia will be their reward.

What they did cannot be forgotten. None of them must be allowed to forget the damage they have done. No one is going to abide their warped and destructive methods ever again.

In a strange way, I think that their disgusting and criminal behavior--they most certainly were going to be sued by Cheshire--has awakened even the most glassy-eyed, head-in-the-sand Lefty to what their mission really is, and has been for decades.

Affirmative action and all the other carte blanc "minority" carpet rides will be more difficult to get past an enlightened public.

Debrah

Anonymous said...

Nifong sent one of his dumber female lackeys to try this phony "shoplifting" charge against Elmo.

The fake "theory" was that Elmo conspired with, and was getaway driver for, the woman who did the actual shoplifting. She had confessed and paid her fine years earlier.

Nifong's little bitch began by lying to the jury that they would see a videotape of Elmo's cab screeching away from the curb, getaway-fashion, before his passenger was even fully in the car or closed her door.

When the tape was shown, the jury saw no such thing -- just a cab driver picking up a lady who had called for a cab, patiently waiting for her to get in before he pulled away normally. Case dismissed.

The persecution of Elmo was truly one of the lowest, most despicable acts committed by Nifong. No wonder he still has to lie about it.

Ralph Phelan said...

"When the tape was shown, the jury saw no such thing "

"The persecution of Elmo was truly one of the lowest, most despicable acts committed by Nifong."

And incompetent. No way the Gotti family would hire a mook like him.

bill anderson said...

By the way, at the end of the tape, we can see Tara Levicy giving the Stare of Death to Reade Seligmann and Collin Finnerty, sitting one row behind Finnerty.

As for this particular video, once again we see Nifong committing perjury. I thought perjury was a crime in North Carolina, but I could be mistaken, since everyone in the system seems to operate on lies.

Anonymous said...

1:04

Cheshire didn't sign on to the settlement so there's nothing that says he can't represent the rest of the LAX team against the 88 is there?????

Gary Packwood said...

Debrah 1:04 said...

...Affirmative action and all the other carte blanc "minority" carpet rides will be more difficult to get past an enlightened public.
::
I love minority carpet ride.

Perhaps someone could include that when they 're-vision' the album ...Sgt. Pepper's Lonely Hearts Club Band.
::
GP

Anonymous said...

Viewing/reading this about Emostafa just shed any bit of sympathy I had for Nifong and Co. And is helping develop a total mistrust of the entire law enforcement community. I wonder how long they've used these tactics to railroad people on false charges by initimidating witnesses with more false charges. Isn't anyone going to investigate this? The bar has only simply taken his license away...but what about the cobweb of deceit and fraud running through the entire Durham/N.C. legal system? And WHO should investigate...God forbid it be a fellow prosecutor.

Anonymous said...

12:04 pm complains about Cooper and Lane Williamson:

Let's see. They ferret out the truth and drive the case to justice but somehow they are not good either? Who is left to admire? You?

If you opened yourself to the loveliness that is there you might find more to appreciate in the earth's more wonderful people.

Anonymous said...

And of course, the opposite was true for the second "dancer"--she got some sort of break right after the allegations related to her criminal past. She was on probation or some such and didn't get charged with what she could have been at the time--quite the opposite of the honorable cab driver.

Anonymous said...

In the role call of heroes in this sordid affair, Elmostafa is the first among equals. Whereas the other heroes (besides the three targets the hoax) put nothing more of themselves on the line than their time and reputation, Elmostafa put his personal freedom on the line. That is bravery--doing the right thing when you know that it risks real consequences.

To me, the prosecution of Elmostafa was the most single outrageous act of Nifong and the DPD (a crowded field for that honor, I admit). Even more so than the lacrosse players, I hope Elmostafa sues Nifong, the city and the state for malicious prosecution--if such a cause exists in North Carolina. His ordeal is a textbook example of it.

becket03 said...

I was struck by Reade Seligmann's reaction as Nifong denied detailed knowledge of Elmostafa's case. Reade became agitated and animated in his seat in the courtroom. He turned and spoke to family members. He was flushed.

The Seligmann family owes a special debt to Mr. Elmostafa. He stood tall when the cockroaches in the Duke admin building were scurrying for the cracks in the wall. I hope the friendship between Reade and Moezeldin lasts a lifetime, and that Reade has learned a very valuable lesson, i.e., that good character springs from the person himself or herself, and has no necessary connection to social status or the number of letters found after a person's name.

beckett

No justice, no peace said...

9:11 So what you're saying Beckett, is that Elmostafa, a Durham cab driver, has more leadership skills than sitting President Brodhead?

Yes, I would agree.

Ralph Phelan said...

"They ferret out the truth and drive the case to justice but somehow they are not good either? "

Not the *whole* truth!

There's obvious evidence of criminal misconduct in the DPD, and it's the state AG's job to investigate it. Why isn't he?

There's obviously a systemic problem with prosecutorial misconduct being allowed by intimidated judges. The bar has the power to do something about it, yet he just promised it won't intervene agian. Why?

We've gotten so used to truly outrageous behavior in this case that there's a danger we'll be satisfied by bad-but-not-egregious.
Maybe these people look good in contrast to Nifong, Gottlieb or Hudson, but that's a pretty low standard.

mac said...

Hope Elmostafa has some really
good attorneys, and ends up
very, very rich.

Notice that the trolls never
show any mercy, pity or shame
that Elmostafa was hunted down
and treated like an escaped slave;
notice that they never mention
his name; notice that they never
give him the accolades he deserves.

I agree with 6:38