Wednesday, June 13, 2007

Nifong Trial, II: Morning Summary

Key items from morning hearing:

--Himan cross-examination:

I was surprised that Nifong attorney Dudley Witt didn’t go harder after him. In effect, Witt allowed everything from yesterday’s bombshells to remain unchallenged.

The ostensible goal: to show that Nifong could have believed a crime occurred at the time he began his preprimary publicity barrage.

The apparent real goal: to drag the lacrosse players through the mud one last time. It was almost as if the cross-examination represented a concession of defeat by Nifong: he couldn’t impeach Himan, so he’d lash out as much as possible.

--Meehan testimony:

Meehan is not, to put it mildly, the most exciting or articulate witness.

But the Brocker examination exposed, to a much greater extent than we had realized to date, how much Nifong knew about the multiple unidentified males’ DNA before Nifong pursued indictments.

The incomplete report is still to be examined, but this was a very damaging examination for Nifong.

The Bar elected not to charge Nifong with violating the CPR rule prohibiting pursuing cases without probable cause. But, for all practical purposes, this is the key issue in the Nifong trial.

This sandwich order summarizes the theme of the trial, to date.

21 comments:

mac said...

I'd say the attempt to drag the
boys through the mud is meant
as a shot 'cross the bow, for
the later civil and criminal
trials.

MIke Lee said...

Again, more good things happening in Durham today!!!

Ralph Phelan said...

"The Bar elected not to charge Nifong with violating the CPR rule prohibiting pursuing cases without probable cause. "

If they find evidence of same can they add it to the current hearing?

If not, can they charge him with it and add an additional hearing with regards to that?

If they disbar him before the second hearing, does that render it moot?

Mike Lee said...

Bill Anderson said it best...the slogan for the city used to be:

"Good things are happening in Durham"

Nifong has given them a new one:

"You know we're Fucked!"

Anonymous said...

JLS says....,

I really agree on all points:

1. Nifong's attorneys are defending him for something he is not charged.

2. Nifong's attonry having the McFadden e-mail read aloud in the hearing room and on national TV was gratuitous.

mac said...

Nifong's attorneys might do more
damage to him than good - as far
as the Bar is concerned.

That's why it would seem that
they're shooting past the current
event, and toward the big prize:
keeping Mikey out of jail.

Anonymous said...

If the unrelated email and the lies about the multiple unknown neighbors hearing racial slurs equals a shot across the bow, my best advise to the crew of the S.S. Nifong would be to blow the ballast tanks, sink to the bottom and pray they make it through the barrage of depth charges coming before they run out of oxygen.

Anonymous said...

The apparent real goal: to drag the lacrosse players through the mud one last time.

Unfortunately, the same might be true of the Durham panel that will be reviewing the actions of the DPD & DA.

TaterCon said...

Not a bad sandwich order, KC. A "Toasted Nifong" -- Can we assume there's a lot of baloney between the two slabs of toast?

Anonymous said...

Thanks for all of your blogging from the courtroom, KC!! Wish I was there, too!! It seems as though there are empty seats...are there not as many people trying to get in today?

duke2009mom

Ralph Phelan said...

"Unfortunately, the same might be true of the Durham panel"

Might?

Anonymous said...

Has anyone seen V Peterson? Is she lurking outside? You can't make this stuff up, can you?

mac said...

I'd like to see the Durham panel
consist of some of these folks
on the Bar.

jim2 said...

One totally OT grognard geeky point: blowing ballast is what a sub does to surface, not dive.

The action is to use compressed air to blow out the water in the ballast tanks.

Sorreee! ;-)

Anonymous said...

Indeed, my mistake! good catch

Make it "flood ballast tanks"

jim2 said...

Flood ballast! Aye, aye, sir! Ship Nifong, going down!

;-)

Anonymous said...

Someone explain to me the logic Nifong relies on to allow this hearing to take place. Why didnt he just give up his bar license. He may not agree, but he knows hes busted and this game is over.

He isnt going to defend any civil lawsuits filed against him. Why pay for a defense when you are going to be bankrupted anyway. I firmly believe that he is only allowing this proceeding to take place because he is going to use it to say everything he wants to say about everyone. He will never testify or defend any civil suits brought against him.

Hide your money and trade any testimony in any civil proceeding for a grant of immunity in the criminal arena, if that deal is even possible. Otherwise never discuss this case, especially under oath because the feds are just looking to make him the next Scooter Libby or Chris Webber etc. That would be my advice to Nifong.

Anonymous said...

I think this case is another reminder that while people in power still get away with stuff regularly, between the internet, blogging, and the numerous ways information can be obtained, you had better be careful before you start doing anything corrupt or illegal. Its like everyone is watching.

Anonymous said...

If he is going to lose the license without a fight - No percentage in going belly up. Maybe the bar will take pity on hime, et, I think he wants his day in court - I am sure glad he did. This should put this event to rest.

Anonymous said...

2:22 is right - there is no logic in Nifong's action. Bar disciplinary proceedings are "won" in the avoidance of a trial and working out some sort of agreement in advance in the form of lesser punishment for moderate transgressions or in the form of punishment that might permit the practice of law again someday for major transgressions (the category to which Nifong's case belongs). Going to trial is almost a guaranteed loss - so we are dealing with an amazingly stubborn and delusional fellow - which of course, has been obvious and is increasingly becoming so. He might drag some folks down with him in the next few days - therein lies the drama.

Anonymous said...

JLS says...,

Is the WRAL woman saying she was talking to Professor Johnson?