Saturday, June 16, 2007

Nifong Trial, Day Four

Highlights from Day Four of the Nifong trial:

1.) “An obvious cynical ploy”

Yesterday’s hearing featured a teary-eyed Nifong reading into the record a resignation statement. He was proud of his son, the disgraced DA stated, and hoped that his son was equally proud of him.

Asked for a reaction to Nifong’s statement, Joe Cheshire responded, “It was an obvious cynical ploy to save his law license, and his apology to these people is far too little and comes far too late.”

As so often occurred on this case, Cheshire was right on target. During his cross-examination, Nifong four times described Crystal Mangum as the “victim.” Then, DHC chairman Lane Williamson put Nifong on the spot. “As we sit here today,” Williamson asked, “do you have a personal belief as to whether a sexual assault occurred?”

Nifong was no longer teary-eyed or apologetic. He paused for several seconds and then asserted, “I think something happened in that bathroom, but it was not a sexual assault.” It could have been, he mused, a non-sexual assault or intimidation. But something happened to make everybody leave that scene very quickly.

“For him to apologize,” Jim Cooney said, “and then to continue to slander 46 innocent people about a crime that did not happen, is outrageous.”

No doubt the DHC panelists will take into account this “outrageous” behavior in deciding whether or not Nifong gets to keep his law license.

2.) The Bannon/Seligmann Team

The two most compelling witnesses were Bad Bannon and Reade Seligmann. Bannon provided the factual spine of the Bar’s case, walking people through, in meticulous detail, Nifong’s myriad procedurally improper actions.

Seligmann, meanwhile, provided gripping, emotional testimony about the human effect of Nifong’s behavior. The panelists were engrossed with his testimony.

3.) The Incompetence Defense

Before this week, Nifong had offered 13 different explanations as to his failure to turn over the exculpatory DNA material. Upon which of the 13 would he rely to the Bar? None.

Instead, Nifong eventually settled on a wholly new defense: the DA assumed, he said, that the exculpatory test findings were included in the May 12 Meehan report—but since he never bothered to read the report, he never learned otherwise.

How did this argument fit with Nifong reading into the record in September a Meehan letter explicitly saying that the report was limited; or with Nifong asserting on Dec. 15, after the hearing, that he knew the report was limited? Nifong never said.

Indeed, Nifong’s testimony suggested—in a best possible explanation—a stunningly lazy figure indifferent to justice. He sought indictments against Reade Seligmann and Collin Finnerty before even reading the transcript of the 4-4 lineup, which provided the only evidence against the duo. He launched his preprimary publicity barrage without reading any statements at all. And at no point in his career did he ever meet with defense attorneys who promised him exculpatory information.

4.) More from Wonderland

North Carolina recently established an Innocence Inquiry Commission, whose goal is to handle post-conviction innocence cases. The executive director of the organization is a Jim Coleman student and former Nifong ADA Kendra Montgomery-Blinn.

Little can surprise after all we’ve seen in this case, yet the sight of an Innocence Commission head defending Nifong more aggressively than Nifong had himself was nonetheless extraordinary.

Nifong “has as an excellent reputation for honesty and truthfulness in the community,” declared Montgomery-Blinn.

It was the duty of the DA to try high-profile cases, and there was nothing political about his activities.

Montgomery-Blinn praised the “no-drop” policy of the Nifong office, in which, in any domestic violence or sexual assault case, the office's policy was to go forward as long as the prosecutor believed in the accuser, even if no other evidence existed and the prosecutor believed a trial victory was impossible.

Then, in the most stunning comment, Montgomery-Blinn defended Nifong’s dismissal of the rape charge but the retention of the other two allegations.

It’s rather hard to have any confidence in Montgomery-Blinn’s work after this testimony: even Nifong admitted some errors.

5.) Previews

Tomorrow, closing arguments begin the day, followed by deliberations of the panel. Nifong is almost certain to be found guilty. As for the punishment: the man who publicly asserted that “something happened” even as he admitted that he used his authority to obtain indictments without even the minimum effort to learn the truth deserves the strongest possible punishment.

67 comments:

William Jockusch said...

My impression of the Nifong cross examination was that one of its purposes was to lay the groundwork for eventual criminal charges against Mr. Nifong. This was done by repeatedly having him admit he gave the court false statements of material fact.

Anonymous said...

levicy has impeached herself

dud wilson has a new first page story but doesnt include the charges made against him in the story

Anonymous said...

Thank you KC for your usual incisive analysis. I hope that if the NC Bar truly wants to affirm its professionalism, the panel will disbar Mr. Nifong. He is obviously not truly penitent, and will always put self interest above that of his clients.

Anonymous said...

well said, if you mean Fong should also be punished criminally as the common THUG that he really is

Anonymous said...

"The executive director of the organization is a Jim Coleman student and former Nifong ADA Kendra Montgomery-Blinn"

I really cannot believe that Nifong is an isolated case. Extreme (and insanely arrogant), but certainly not isolated.

Anonymous said...

let's not forget Nifong's invidious "joined at the hip" comment . . . .

what a sonofabitch--no integrity, no shame and ultimately cowardly

How anyone could subject their son to such a spectacle . . . .

Who knows what the bar authorities will do. I think they have to hammer the guy. Disbarment.

He abused a position of trust--a no-no for lawyers.

Anonymous said...

I wish that any child could grow up being proud of what (s)he is, of his/her family and particularly of his/her father. I would have hoped that Nigong's son is no exception. Unfortunately his father is making it very difficult. Use your own son as a tool to extract some tears out of soft-hearted people? When everything is lost, a man has only his family to fall back on, to protect. Nifong instead uses and abuses them. What a jerk.

Gary Packwood said...

KC,

As always Thank You for your work and dedication to the search for the truth.

I was crisscrossing the Midwest today and in several different airports watching hundreds of travelers glued to the television watching the summary reports of Reade testifying and then Nifong as he apparently resigned.

Reade's testimony brought silence to boarding areas were hundreds of travelers were waiting to board planes in Houston and Tulsa. College age travelers were just mesmerized by Reade's story.

Many younger travelers standing around me pulled out their cell phone and accessed the web and read what Reade had to say...over and over.
::
GP

Anonymous said...


The two most compelling witnesses were Bad Bannon and Reade Seligmann.


I think that should be Big Bad Bannon.

Anonymous said...

PRISON!!!

Anonymous said...

I think Nifong has mental problems...

Big Time.

Gary said...

"Indeed, Nifong’s testimony suggested—in a best possible explanation—a stunningly lazy figure indifferent to justice."

This I believe sums up the truth. He doesn't prepare for cases much, shoots from the hip. He's a sociopath and so doesn't really care about whether innocent people get hurt, he may not even conceptualize other people as something other than objects that either help or hinder him. Sociopath.

His sort of blank expression while Reade was testifying gives a clue; At most, he probably thought Reade was acting for some gain.

Anonymous said...

This is my opinion as an NC lawyer who unfortunately has to appear in Durham Co. on occasion:

1. The Bar has no choice but to disbar him. Not only is the evidence there, but the witnesses put on by the defense and the piss poor handling of the case by the BAR lawyers forces them to do so or face massive criticism from the legal community and the everyday citizen.

The cross examiner of Nifong was horrible. He allowed Nifong to make such outlandish statments without following up and hammering him. For example: Nifong says "something happened". Why not follow with " Do you think Seligmann was involved in whatever you think happened" If he says yes, you ask him how it is possible going over all the facts of where RS was that night. If he says no, then ask him, well why did you indict him. I could go on. The bottom line is the State Bar took a case where there was basically video evidence of the crime and prosecuted it poorly. They are as incompetant as the OJ prosecution. The only difference is they get to decide punishment to cover their own incompentance. A jury would not disbar Nifong. Nifong spun it to perfection and called his witnesses who he thought helped him although they really show what a corrupt system we have. As good as Bannon and RS testimony was, that was basic witness presentation. The Bar lawyers didnt create that part of the case, the witnesses did themselves. A command performance by the BAR team would have meant a real cross examination that included real questions and fewer people thinking that he might only get a suspension.

2. Nifong will not take a meaningful job doing anything. That Duke NAACP job stuff is all a bunch of hooey. The black folk want this case to go away and arent going to make deals with a white lawyer, who while their champion, is the face of what is wrong with black society and the people who support him. They will run away from him as fast as they can. They want this case gone so they can focus their hypocrisy and racist agenda on issues that stupid people might think have merit. Even stupid people see the hypocrisy of the race baiters crys of black racism in this case.

3. Civil Suits are worthless. He cant pay to defend them and is smart enough to hide his assets. There will be more default judgments agaisnt him then you can imagine and collection will be just like trying to collect from OJ except Nifong wont have anything to get.

4. The only suspense left is the criminal charges. For this whole matter to have any meaning to the familes of the LAX players and the community, someone has to step up and charge him for what he did. What the charges will be I dont know, but if he does not see the inside of a jail, there is no real punishment for what he did.

I love being a lawyer in NC, but I am not so naive to think a good ole boy system between lawyers in this state does not exist. There are more back room deals, favors, and set ups of innocent people that one has to be very careful where they step in this State.

Anonymous said...

This guy is deranged...

http://en.wikipedia.org/wiki/Sociopath

Anonymous said...

A psychopath has no concern for the feelings of others and a complete disregard for any sense of social obligation. They seem egocentric and lack insight of any sense of responsibility or consequence. Their emotions are thought to be superficial and shallow, if they exist at all. They are considered callous, manipulative, and incapable of forming lasting relationships, let alone showing any kind of meaningful love. They typically never perform any action unless they determine it can be beneficial for themselves.

Anonymous said...

1:54AM Anon
"There are more back room deals, favors, and set ups of innocent people that one has to be very careful where they step in this State."

This is absolutely chilling. Sounds like organized crime.

Ralph Phelan said...

" Nifong will not take a meaningful job doing anything."

Not so sure. Brodhead has got to be very embarrassed by Coleman's role in all this. He's ignoring the "metanarrative" and making Duke look like it's still got pockets of political incorrectness. The law school clearly needs some "balance."

So bring on Professor Nifong!

Anonymous said...

Nifong knows he is completely ruined. He knows he will be disbarred, he knows he will lose civil suits, and he knows he will be criminally prosectued, convicted and will serve hard time. The "something happened" statement was just another chance to stick it to the 3 players, their families, their lawyers, The NC bar, Duke Lax, the bloggers, his critics, his own family, the city of Durham, the State of NC, the legal profession, the United States of America, and everyone who did not bow down to the great Mike Nifong. A stunning display of true sociopath at work.

It reminds me of when a just convicted, handcuffed murderer, shouts obsenities about the victim's character and toward the victim's families on their way out of the court room and into jail.

Ralph Phelan said...

To me, the single most astounding bit of testimony was the character witnesses:

Jean: Do you think he [Nifong] still has a good reputation in Durham?
Morey: Yes, I think he has.

Each possible explanation I come up with is worse that the last:

Is this judge as delusional as Nifong?

Is she lying through her teeth? If so, is it due to favors owed, fear of retaliation if he doesn't get disbarred, or the belief that siding with Nifong is still the way to get votes in Durham?

Worst of all, is Durham really so crazy that she's telling the truth, and he really does still have a good reputation there?

Anonymous said...

Lots of people have mental problems. Get a group of them together, and they all agree they're normal.

Entire communities grow with these belief systems.

Look at Palestinian society. They teach their kids how to hate and kill Jewish people. Sounds like Nazi Germany where the same thing happened.

Not so uncommon. Pathologies take hold of a critical mass of people, and its suddenly normal.

That's why the US has been a world leader, but is now being deteriorated by Leftist pathologies.

Zimri said...

This is the article to which Seligmann refers. That would mean that the young lady who authored the piece was Seligmann's study partner.

Cedarford said...

I believe Kendra Montgomery-Blinn did no service to the Innocence Commission with her bias so evident in testimony.

Memo to convicts: If you are innocent and direct an appeal to the Commission, label it "To Anybody BUT Kendra Montgomery-Blinn".
Why take chances? If she refuses to see the innocence of the Lacrosse players after overwhelming proof of their innocence and a finding by SP investigators - do you really want to play the odds with this young lawyer lady committed to defending rogue prosecutors??

lm said...

How sad that Duke Law could produce a Montgomery-Blinn. Someone who would turn a blind eye to grossly unethical behavior. Someone who would turn her back on fellow Duke students and champion a DA maliciously persecuting them. One hopes Duke will stop making her part of the law school orientation. She obviously missed the second line on the front page of the packet "Act Ethically".
Perhaps working in that office is the problem. A good reason to take a very close look at Saaks and the rest of the Nifong squad. Just how many of Nifong's practices have rubbed off? Word games, dissembling, lying by omission, witness intimidation and molding case facts to secure a desired outcome and defeat alibis?

Anonymous said...

Where is Aria Branch today? Hiding, like so many?

Anonymous said...

Gary Packwood said:

I was crisscrossing the Midwest today and in several different airports watching hundreds of travelers glued to the television watching the summary reports of Reade testifying and then Nifong as he apparently resigned.

Reade's testimony brought silence to boarding areas were hundreds of travelers were waiting to board planes in Houston and Tulsa. College age travelers were just mesmerized by Reade's story.

Many younger travelers standing around me pulled out their cell phone and accessed the web and read what Reade had to say...over and over.


It is most fitting that Nifong's demise is being watched by the nation he lied to in besmirching the good names of Reade, Collin, and Dave.

Twaddlefree

Ralph Phelan said...

" Someone who would turn her back on fellow Duke students and champion a DA maliciously persecuting them. One hopes Duke will stop making her part of the law school orientation."

Yeah, she clearly belongs in Duke's administration.

Anonymous said...

2:34:00 AM

That's why the US has been a world leader, but is now being deteriorated by radical pathologies.

Decided to fix that there for you, because this is not a Right/Left issue. This was an issue in rational and common sense. Something which Nifong, as well as people in Durham have not exhibited since the beginning of this case.

RSB

Anonymous said...

Nifonged, Nifonging: (verb) to frame [railroad] an innocent person (always white) playing the race card in order to placate and appease the black community in order to ge re-elected to public office. - - byzinski (Portland, Or.)

Mrs. Former Prosecutor said...

As always, everyone's commentary is interesting and worth the read. My own two cents:

1. Nifong will still qualify for a pension; does his wife? I haven't researched recently which countries don't have extradition treaties, but perhaps they'll take a quick trip to Belize or Brazil, for example. Life can be pleasant, and with no extradition, hey, retirement's not so bad.

2. I followed KC's link "said" after Jim Cooney's name in this post, and found Duff Wilson's most recent NY Times article which STILL DOES NOT USE THE WORD "INNOCENT". I can't believe this. What does it say about what Wilson really thinks, when he's unable to utter that word...innocent?

Looking forward to tomorrow.

KC, I'm looking for an award to nominate you for...hoping to find one that gives lots of money.

Anonymous said...

"5.) Previews

Tomorrow, closing arguments begin the day, followed by deliberations of the panel. Nifong is almost certain to be found guilty. As for the punishment: the man who publicly asserted that “something happened” even as he admitted that he used his authority to obtain indictments without even the minimum effort to learn the truth deserves the strongest possible punishment."

KC, thatnks for the great work. I hope you are right. What will be the reaction if they let him off the hook?

Michael said...

It was amazing to me to see Blinn happily admitting to their no-drop policy after she presumably saw Reade on the stand.

Thinking that this was a great thing - that just because they thought that something happened in a case, any case, that they should put someone through hell even though they could be wrong. Obviously she didn't think that she could be wrong.

Personally, I'd like to see Prosecutors liable for this kind of behaviour. Where they have insufficient evidence but their own personal feelings to spend the state's money and the defendent's money on a witch hunt.

And then she's on the Actual Innoncence committee. What an incredible disgrace to the AI and the state.

Anonymous said...

Our work is not yet done, not by a long shot. The Fongster should be fried, plain and simple. If the USDA's Office in NC or state law enforcement does not see fit to open criminal inquiries then I say they deserve punk scum like Nifong.

Nifong is a menace and an outrage, pure and simple. He and Wilson (and others) deliberately obstructed justice, conspired to do so, and more. Nifong and his enablers--G88, Brodhead, Duke, Potbangers, et al.--demean us all. They are a public cancer and should be lanced.

mac said...

People on this blog predicted that
Nifey was cynically and
manipulatievly using his son -
Friday proved it.

Nifong's tears?

Crocodiles supposedly "cry" as
they eat their victims. That's
why they're called "crocodile
tears."

The cross was...what? The direct
was...what? Virtually
indistinguishable, it seems.

simpleswine said...

" But something happened to make everybody leave that scene very quickly."

Hmmm, wonder if nifong even considered that the underage folks just may have left as soon as they heard that the other stripper was calling the cops? Over the racial slurs... oh wait, I doubt nifong read that part of the report, and timeline...
"something happened in that bathroom..."... ummm, yeah, urination, defecation.. and due to a combination of alcohol and a naked magnums... a weee bit of projectile emesis.....

mac said...

The reason Fong is on trial is for only one reason: questioning why an innocent person would need a lawyer.
(The gods quaked.) That's like a doctor wondering why a healthy person would need a doctor.
(The gods quacked.)

That's the trouble when people make gods of themselves: the society of gods in which they serve don't like to be supplanted.
Don't be surprised when Zeus (played by Williamson) hands out the most severe punishment possible.

(No, not a date with CGM.)

Anonymous said...

K.C. you have done an amazing job of reporting and analyzing for these past sixteen months. Thank you.

I was amazed by Montgomery-Blinn's testimony. Am I correct that she said that her "feeling" about an alleged victim is more important than any evidence? Also, she seems to be saying that, in spite of a lack of evidence, Nifong's office was to get a plea or proceed to trial. That description would fit with what has been conjectured here and at Liestoppers about Nifong's history of pleading out defendants and that he intended all along to get a plea from any lacrosse team defendants.

TexasMom

Anonymous said...

Sadly, I'd bet that nifong the notgreat, slept like a baby last night, while his son lay in bed thinking "why Dad, why? Why did you bring me into this? I have ahard enough time picking up girls as it is..." then upon a little contemplation, "Hey, I wonder if Dad still has crystal's phone number... Dad's perjury should be worth at least a "freebie""

Anonymous said...

On the no-drop policy:

there's a good reason for that policy in many jurisdictions, even if this scum Nifong and his "I'm going to change the world for the sake of the poor people of color" acolyte Brinn.

Back in the 80s I did some volunteer work in LA with mostly Hispanic women (yes, they were here legally and many had been born citizens here). I got to see up close women who were beaten nearly to death after having called the cops because someone threatened or assaulted them. I've been the person who stayed with women who were demonstrably raped, sometimes with witnesses, only to see the husband/boyfriend/gang members break into the room and threaten them if they testified.

That's what this policy is designed to prevent, or at least make less frequent. If the perpetrator knows the DA *will not* drop the case even if the woman gets scared, they beat up the women less often.

The justice system needs to be balanced, if it is to give justice as much as possible. What Nifong did to those defendents is an outrage (and more). So too is what happens to real victims some of the time.

What pisses me off the most about Nifong is how he has brought important policies into total disrepute.

Scum.

mac said...

6:34
"Nifong the Notgreat."

Priceless?
"Precious!"

Anonymous said...

Too funny.. I just blew espresso out my nose... precious..... I didn't even think of that one!

simpleswine said...

What time is the nifgong show starting?

Anonymous said...

9 AM eastern

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

What I didn't understand about Blinn''s "beyond a reasonable doubt" standard is why no one questioned her as to how Nifong would establish that standard. If he never read anything, never met with defense lawyers to hear their side, never spoke with CGM, how could he form an opinion, let alone determine he met the "beyond a reasonable doubt" standard? What a joke! He relied on Levicy? the DPD?

I thought Williamson was going to go there, but he probably stopped because he didn't want be in the hearing through the night with this airhead.

Michael said...

re: 6:36

We apparently have this in my state or district as I saw this play out in court once.

There was a couple before a judge and I think that she called the police over an argument that they had and filed a complaint. I think that he was the single earner and just wanted to hit him with something and didn't realize the potential financial consequences to her action and wanted to undo it all. But couldn't.

I don't know what ultimately happened in that case but both of them looked quite distraught. I think that they had four or five kids too and who knows who was taking care of them while they were both in court.

This no-drop thing really bothers me as it provides an incentive for prosecutors to rack up points. I have a feeling that a lot of prosecutors don't understand the costs to defendents of defending a case. And that some of them do and don't care.

I agree on the need for balance. The problem is in codifying something that requires good judgement or in hiring those with bad judgement or sociopaths.

Even with prosecuting no-drop policies with couples and families: it seems to me that you're going to put the family under further financial stress causing further problems down the road.

Anonymous said...

During his confession/apology, I actually felt sympathy for Nifong (I was amazed at the brutal comments here). At first, I felt sick when chairman Lane Williamson gave Nifong another chance to slander the falsely accused. It took me a little while to realize that this was a brilliant way of validating the credibility of Nifong's earlier apology. Based on his response, apparently his apology was all just an act. Very sad...

Anonymous said...

Perhaps, some of the prosecutorial deficiencies can be ameliorated in closing arguments.

If Nifong takes the stand in the penalty phase, someone chous ask him the crucial question: "Are you now or have you ever been a member of the Communist Party?"

He certainly does not believe in the Bill of Rights or Presumption of Innocence.

mac said...

Montgomery-Blinn's belief that charges of some sort should have
been maintained/pursued is an interesting contrast with her (apparent)
belief that people should just let Mikey alone.

Mikey was attempting to sentence three young men to 30 years of rape.
Not FOR rape: 30 years, 3 decades OF rape.

Seems another village is missing an idiot.

Anonymous said...

As an unbiased and "uninterested" party (in the legal sense) I was looking forward to Friday's testimony. I was sure that there must be at least some element of reasonableness to Nifong's actions that had to be heard. Even his comments going into Friday's hearing indicated that there was more to the story. What a surprise to then here him use a "lazy man" defense. He didn't read..., he didn't think..., he didn't follow up..., he had not considered..., he was too busy... This is hard to swallow after hearing he had made the decision to take on this case personally and not let an ADA handle the case. That decision was accompanied by a moral and legal obligation to read, think, follow-up, and allocate time. Based on this admitted gross incompetence, the bar has no choice but to revoke his license and prevent him from being a lazy lawyer that hurts people ever again. It displayed an unbelievable level of negligence and incompetence.

Anonymous said...

First: KC, I am with 4:36 - let's find an award for you that brings you lots of $$. You have done this job impeccably. I am sure all involved in judging this case rely on this blog for clarity. I am in Chapel Hill, glued to my computer, back and forth between WRAL and your constant blogs. My 19 year-old son (who was accepted to Duke last spring but didn't have the stomach to attend there) asked me why I am so taken with this case. Why are we? Is there a chance here for justice, for good and truth to prevail? He thought I was being too idealistic.
And thank you to 1:54, NC lawyer.
KC, if you need a good meal before you go, you are welcome in my Chapel Hill kitchen.
Same to R.S. and his family: I along with you couldn't help but dab my tears. What a description of having to tell mom. I have rooted for the guys.
My brother received a ticket as he tells it for swerving in the snow as a high school senior. My dad just told me that he accompanied my brother to court. When the judge lectured my brother about rich kids using his snow, my dad stood up and said that he has worked hard his entire life so his family could have what they have...
Once again, KC, you've been terrific.

Anonymous said...

In regards to Nifong crying on the stand, I would like to give him some advice, first I would slap him, and then tell him "YOU CAN ACT LIKE A MAN".

Anonymous said...

Yes, something happened all right, mangum made a fool out of every one.

Anonymous said...

I bet the potbangers, the 88, The New York Times, Ubuntu, etc, etc, etc. didn't realize they were pulling their bullying in a case that was going to have such historical significance, and would turn into an event that would cement them for good as the villains to any logically-thinking person. This is the case that has taught America.....the leftists have gone too far, and can be as wicked as the KKK in its heyday.

Anonymous said...

1:54
I think that you are missing the point about the civil suits. If Finnerty's father is indeed worth 3/4 of a BILLION dollars, the civil suits are NOT about Mikey's money. If they never collect a cent form Nifong, he will be forced to endure YEARS of court proceedings; a purgatory for Mikey that somehow seems appropriate. This does not even include the possible criminal trials.
The NC legal system does not deserve to be equated to the likes of Nifong.

Anonymous said...

Mark my words, there was a reason for Nifong's "performance" yesterday. He doesn't care about anyone but himself. Look for light punishment.

Like the NC lawyer who sometimes works in Durham County said...back room deals. Resignation could be part of a back room deal...very easily.

Look back at history and you will see that it took the Bar a long time to even take action. The only hope is that the Bar realizes they truly are under the spotlight this time, but what repercussions would they personally suffer if they dole out light punishment? Their cushy job continues no matter what degree of punishment is doled.

This case has shown over and over again the depth of incompetence, not just in NC justice system but society in general. If you think that will cease today...perhaps your thought process is more idealistic than realistic.

No way Nifong gets disbarred. Even though he deserves that and tenfold more. I hope I'm wrong.

Anonymous said...

Completely agree the partygoers fled before the police could come break up the party. In the vast majority of cases I imagine partygoers are not aware someone has called the police until the squad cars arrive. I am pretty sure Mr. Nifong could have figured this out. In my little town the kids slip out the back door and hide in the garage when the police arrive to break up a party. They know to avoid contact with the police if they can, and they are only in high school. It's really comic--but vintage Nifong--for him to state that the empty party house red flagged the event for him and made him very suspicious that a sexual assualt actually occurred. This logic almost runs along the lines of that used by the Pink Panther's Inspector Clouseau.

Mac, you have to be joking. We are not watching an ethics trial in Durham because Mr. Nifong suggested the innocent do not need lawyers...and ironically Mr. Nifong really proves that the innocent need lawyers even more than the guilty.

Observer

Anonymous said...

Why did the partygoers all leave so suddenly?

Nifong would know the answer if he was paying attention.

Kim Roberts stated that, as she left, she shouted "Hey, you assholes, I called the police!"

And who wants to be at a party (especially around underage drinking) when the cops show up? And this is Nifong's proof that "something happened"?

Anonymous said...

To the N.C. lawyer: I agree with you that the Bar prosecutors did a less than stellar job. Their cross-examination of Nifong was particularly poor. However, it was coming at the end of a VERY long day, and I think some of their lapses may have been due to sheer exhaustion. I also think they realized that there was already enough evidence in the record to fry Nifong, so why pile on? (Especially when the Bar judges seem to have already made up their minds).

To the 6:36: I can understand the utility of having "no drop" policies in some domestic abuse cases, but the Duke LAX case hardly qualified as "domestic abuse" (unless one defines "domestic abuse" as any type of assault that happens to occur in a house). The crimes alleged in the Duke LAX case involved strangers -- Crystal Mangum and the LAX defendants had never met before and had no type of relationship whatsoever. The rationale behind the "no drop" policy in domestic abuse cases simply makes no sense in a case like the LAX case. Mongtomery-Blinn's attempts to justify Nifong's conduct in the LAX case on the basis of the "no drop" policy just made her look like an incompetent fool.

As to Nifong's teary resignation, that was just pathetic. Nifong knows, as we all know, that Judge Hudson is going to act on Beth Brewer's removal petition after the Bar acts, and so Nifong's loss of the D.A. job was inevitable. It might have been funny to see Nifong acting like he was doing something noble or selfless by announcing his resignation -- but then Nifong had to drag his poor son into it. That poor kid does not deserve the humiliation and disgrace that his father has subjected him to.

Anonymous said...

Is there a recommendation from the State Bar for this no-drop policy? If not and if Knifong instituted this policy, then he's responsible for it. But sadly, given his "something happened" comment, what he's learned from all this is that he's learned nothing at all. What goes around comes around. Karma bit him in the ass big time.

Anonymous said...

to 1:54
Thank you for your insight. I do have one comment on civil suits against Mr. Nifong however. I call it the OJ effect. I concur that Mr. Nifong has or will likely try to hide or limit his asset exposure, however, a large judgement against him will have long term benefits. When he tries to write that book, make money on the MSM tour, etc.. the monies made in those capacities would be subject to seizure under any unresolved civil judgement against him. Hence, I think it worthy that civil suits against him move forward. This same argument may hold true for CGM, though on the outside it does not seem she has the mental capacity to "cash in" on this hoax, it is possible she could with help.

BDay MD

scott said...

Indeed, Nifong’s testimony suggested—in a best possible explanation—a stunningly lazy figure indifferent to justice. He sought indictments against Reade Seligmann and Collin Finnerty before even reading the transcript of the 4-4 lineup, which provided the only evidence against the duo. He launched his preprimary publicity barrage without reading any statements at all. And at no point in his career did he ever meet with defense attorneys who promised him exculpatory information.

Now, I ask you, what son wouldn't be proud of a dad who did that?

Nifong is such a rump orifice for bringing his kid into it.

Anonymous said...

KC> Thank you again for all of your work and insight.
Bloggers 7:05 and 9:07 also, helpful insight.
Blogger 7:48
The NC legal system will be defined by what the panel does to Mr.Nifong today. Most likely not enough for us Northern souls. I just can't wait for the 3 families to get out of NC and be safe again.
Whatever energy they can put to making life miserable for Mr. Nifong, so be it.

The Duke community and Durham will not change and all of these legal players will go back to their corners and hurt others with the spotlight gone. If you had faith the system worked before, this whole thing proves it is very flawed.

Duff Wilson did say they were innocent in his article this morning and called her a stripper for the first time. The weight and worry of what I hope is a future lawsuit has subdued his dispicable coverage up to now. Nice work KC and Brad Bannon.

Anonymous said...

Is it on TV today? I can't find it.

Anonymous said...

Michael 7:02 AM
"This no-drop thing really bothers me as it provides an incentive for prosecutors to rack up points. I have a feeling that a lot of prosecutors don't understand the costs to defendents of defending a case. And that some of them do and don't care."

Bingo. There's your problem.

Ralph Phelan said...

"The NC legal system does not deserve to be equated to the likes of Nifong. "

Why not? They tolerated him for 30 years. Two judges allowed him to get away with obviously outrageous behavior, like his statements to the press.

"The NC legal system will be defined by what the panel does to Mr.Nifong today. "

No, the NC legal system has already been defined by what Nifong got away with before anyone cared, and just how incredibly egregious your behavior has to be to actually get your license pulled.

Anything this panel has the to power to do now is going to be too little too late.

The judges who let him get away with his public remarks and ignoring defense motions will still be sitting. The judges who perjured themselves yesterday by saying he *still* enjoys a good reputation will still be sitting. Their "actual innocence project" will still be chaired by someone who thinks this prosecution was justified. The police who lied for Nifong will still be working officers. DSI will still be in business - I bet there are other trial in progress even as we speak using their reports as evidence. The ADAs who worked for him will still be working, and will probably supply his replacement.

And everyone else Nifong prosecuted in his career will still be in jail.

Anonymous said...

I just read the Aria Branch article. God, how awful. She can't even keep track of her pretense that she hasn't assumed guilt. In the same paragraph where she says "alleged rapists" she talks with absolute assurance about the "wall of silence" and attributes to them "hopes that their rich daddies will make everything okay" -- accusations which make no sense unless for "alleged rapists" you read "absolutely rapists except for legal reasons we won't say it in print."

Anonymous said...

Just FYI, Montgomery-Blinn was not asked about any specifics about the Duke LAX case or Nifong's handling of it or any evidence from it. She was asked about the day-to-day policies of the Durham DA's office, when those policies were instituted (e.g. were they Hardin or older policies or Nifong policies), and her experience with Mr. Nifong as an ADA before the trial.

What specific pieces of testimony do you have an issue with?