Saturday, July 14, 2007

Nifong & Grace

Months ago, Saturday Night Live noticed that Mike Nifong and Nancy Grace appeared to have a special affinity for one another. A friend passed along these excerpts from Georgia Supreme Court opinions; the prosecutor being referenced is Ms. Grace. Given her own record of dubious prosecutorial conduct, perhaps it’s unsurprising she found Nifong’s behavior so appealing.

Georgia Supreme Court, Carr v. State of Georgia, 267 Ga. 701 (1997):

. . . Carr devotes considerable argument in his brief on appeal to the topic of prosecutorial misconduct. The alleged misconduct of the prosecuting attorney included participation in and facilitation of unauthorized entries into Carr’s home, once in person to film a CNN television special featuring the prosecuting attorney; suppressing evidence not supportive of the State’s theory of the case; withholding information that two witnesses, Ms. Carr’s lover and Ms. Carr’s best friend, had entered into a romantic relationship by the time of trial; withholding information that the prosecuting attorney and some of the witnesses were expending personal funds to obtain evidence for the prosecution; abusing the subpoena process; withholding the complete witness list until the eve of trial; making statements in the opening argument about physical abuse which the prosecuting attorney knew would not be permitted in evidence; and making improper closing argument in which the prosecuting attorney again made arguments not supported by the evidence and repeatedly vouched for the State’s theory of the *711 case by asserting her personal beliefs. The trial court considered many of these same allegations in post-trial proceedings and found that some of the conduct was not misconduct and that the misconduct which did take place did not deny Carr a fair trial.

Our review of the record supports Carr’s contention that the prosecuting attorney engaged in an extensive pattern of inappropriate and, in some cases, illegal conduct in the course of the trial. Specifically, his allegations about illegal entries into his home are borne out by the record; the trial court, after a hearing on a motion to suppress evidence gathered through illegal use of subpoenas, specifically found that the prosecuting attorney abused the subpoena process by, among other things, inserting false information regarding hearing dates; the record shows that the witness list delivered on the eve of trial contained many names new to the defense . . .; the transcript of the opening argument shows that the prosecuting attorney repeatedly made references to physical abuse although the trial court had ruled out all evidence of purported abuse . . . and the closing argument was replete with references to the prosecuting attorney’s beliefs . . . and patent misrepresentations of fact such as the prosecuting attorney’s use of a chart falsely indicating that a
defense expert had not disagreed with a specific opinion by a State’s witness . . .

The State’s argument on appeal that there was no harm because the defense was aware of half of the names on the list does not persuade us that there was no wrongdoing. We wish to register our stern disapproval of tactics which give rise to the appearance that the prosecution, by act or omission, has attempted to subvert or circumvent the right of an accused to have reasonable pretrial “access to evidence,” as that right is protected by the Georgia and U.S. Constitutions, the statutes of this State, and the Uniform Superior Court Rules . . .

We conclude that the conduct of the prosecuting attorney in this case demonstrated her disregard of the notions of due process and fairness, and was inexcusable. Because we are reversing the convictions on other grounds, and because Carr has gotten the relief he sought in raising these issues on appeal, we need not conduct an analysis to determine whether the misconduct of the assistant district attorney who tried this case was so harmful as to require reversal. We trust, however, that if this case is to be retried, the prosecuting attorney and the trial court will bear in mind the special responsibility of a prosecuting attorney: “The responsibility of a public prosecutor differs from that of the usual advocate; his duty is to seek justice, not merely to convict.”
Does that last line sound familiar? Here’s an excerpt from the Georgia Supreme Court’s opinion in Bell v. State of Georgia, 263 Ga. 776 (1994). Again, the prosecutor in question was Ms. Grace:

Appellant Deric Bell was found guilty of trafficking in heroin and sentenced to life imprisonment. After reserving her objections to the trial court’s instructions to the jury, defense counsel sought a mistrial on the grounds that the prosecutor had injected prejudicial matters not in evidence by making reference to a drug-related, execution-style triple murder and to a serial rapist in her closing argument . . .

Argument of counsel is a valuable privilege, and may not be unduly restricted. On the other hand, the court must not allow such latitude as will defeat the justice of the cause, such as introducing prejudicial matters not in evidence. The dignity of the court, and the public interest in having its courts properly conducted, are involved . . . The case at bar was based on a sale of 7.5 grams of uncut heroin that was observed by a surveillance team from the narcotics squad of the Atlanta Police Department. No physical violence or threat thereof was involved, though a defense expert admitted on cross-examination, over appellant’s objection, that he was aware that drugs were a cause of shootings in Atlanta. In justifying her reference in closing argument to the triple murder, the prosecutor relied on the testimony about violence in the drug trade and asserted that this case was analogous to the triple murder since both involved young men selling drugs in Atlanta housing projects. The prosecutor explained her mention of the serial rapist as an attempt to illustrate the concept of similar transactions . . .

Adherence to the limitation on the latitude of oral argument is also integral to legal professionalism. [T]he habit of counsel in addressing the Jury, of commenting upon matters not proven and not growing out of the pleadings ... [is] illegal and highly prejudicial to a fair and just administration of the rights of parties.... [i]t is the duty of counsel to guard, by the most scrupulous propriety of demeanor, in the conduct of a cause, the dignity and honor of the profession.

. . . By referring to such extraneous and prejudicially inflammatory material in her closing argument, the prosecutor exceeded the wide latitude of closing argument, to the detriment of the accused and to the detriment of the fair administration of justice. Inasmuch as the grant of a mistrial for improper argument should be liberally exercised where counsel abuses the right of argument by prejudicing the case of the opposite party . . . we reverse the Court of Appeals’ affirmance of the trial court’s denial of appellant’s motion for mistrial.
Of course, Nifong only conceded that he made multiple statements in public that he never could have made to the jury.

And here’s an excerpt from Stephens v. Hall, 407 F.3d 1195 (11th Cir. 2005), involving the failure of Ms. Grace to turn over exculpatory material in the form of arrest warrants against other suspects in the murder case eventually brought against Stephens:

Although the Georgia Supreme Court and the state habeas court decided that there was no evidence that the prosecution deliberately withheld the arrest warrants, this determination did not conform to Brady. The suppression of material exculpatory evidence occurs “irrespective of the good faith or bad faith of the prosecution.” Brady, 373 U.S. at 87, 83 S.Ct. at 1196. The key decision of the state courts under Brady is that Stephens was not provided with the arrest warrants for Ragin and Williams until after the trial . . .

Although it is unclear whether the suppression was in good faith or bad faith, Grace, as the prosecutor, failed in her “duty to learn of any favorable evidence known to others acting on the government’s behalf in the case, including the police.” . . . Stephens presented evidence that Grace knew about the warrants. Detective Johnson testified, both at the hearing on the motion for a new trial and at the evidentiary hearing in the state habeas court, that he discussed the arrest warrants for Ragin and Williams with Grace before Stephens’s trial began. Johnson also testified that he provided Grace with a copy of his entire file, which included copies of the arrest warrants. Grace never informed the trial judge or Stephens that Johnson obtained arrest warrants for Ragin and Williams based on Jackson’s statement. Instead, Grace assured the trial court that no charges against anyone else were pending. At the evidentiary hearing before the state habeas court, Grace denied that the detectives provided her the arrest warrants. Regardless of whether the detectives supplied her with the warrants, it was Grace’s duty to learn about the warrants and disclose them. See id . . .

The failure of the State to disclose the warrants constituted suppression of evidence.

Withholding exculpatory evidence should sound familiar to anyone who followed the lacrosse case.

Grace is expecting twins, and therefore will need a maternity leave; the recently disbarred Nifong is looking for gainful employment. Perhaps the ex-DA can substitute for Grace: at the least, he could ensure that the program continued to be hosted by a figure who disregards legal ethics.

96 comments:

Anonymous said...

Nifong has had prostate surgery and they removed his gonads. Therefore, it is obvious that Wendy Murphey is the father of Nacy Brace's unborn twins.

Anonymous said...

the beauty of NANCY GRACE hiring NIFONG as a legal analyst for her show is appealing...and would make her more of a legal commedian than a serious critic

Anonymous said...

12:03
That explains why Mikey looks so darned good in his bathrobe.

No justice, no peace said...

I do believe the writers of the Andy Griffith show had amazing and prescient abilities as it relates to the hoax. This mix of quotes will remind you of just about everyone involved with the hoax except the incompetent Brodhead and the Gang of 88 - even the writers couldn't imagine failure on those levels.

“…he’s pestilence and a pestilence will find you…you just wait.” Maybe not a book title, but certainly consideration for a subtitle…

Andy Taylor: Where can we find this Ernest T. Bass?
Dud Wash: Aww, he's a pestilence and a pestilence will find *you*... you just wait.


Briscoe Darling: [Aunt Bee has hit Briscoe with a spoon] Ow! What'd you do that for?
Aunt Bee Taylor: No elbows on the table.
Briscoe Darling: [to Andy] That ain't fair; her hittin' first and explainin' the rules after.


Floyd Lawson: You know, everyone complains about the weather but nobody does anything about it. Calvin Coolidge said that.
Andy Taylor: No, Floyd, that wasn't Calvin Coolidge that said that, it was Mark Twain.
Floyd Lawson: Then what did Calvin Coolidge say?


Andy Taylor: Goob, did anybody ever tell you you've got a big mouth?
Goober Pyle: Yeah, but I don't pay no attention to 'em.



Aunt Bee Taylor: Did you like the white beans you had for supper?
Andy Taylor: Uh huh.
Aunt Bee Taylor: Well, you didn't say anything.
Andy Taylor: Well, I ate four bowls. If that ain't a tribute to white beans, I don't know what is.
Aunt Bee Taylor: Well...
Andy Taylor: Eating speaks louder than words.
Aunt Bee Taylor: You know, your education was worth every penny of it.


Barney Fife: All I'm saying is that there are some things beyond the ken of mortal man that shouldn't be tampered with. We don't know everything, Andy. There's plenty going on right now in the Twilight Zone that we don't know anything about and I think we ought to stay clear.


Barney Fife: [to a group of boys] Boys, when that steel door slams shut, that's the end of the happy days. No more fishin', no more ball playin', no more peanut butter sandwiches.
[Door slams shut behind Barney]
Andy Taylor: [little boy holds out sandwich to Barney] No, No Leon; Barney can't have that.
Barney Fife: You're real funny, you know that. We ought to book you on one of those excursion lines


Barney Fife: [through a megaphone while directing the cave rescue] Now is the time for all good men to come to the aid of their neighbor! Repeat! Now is the time for all good men to come to the aid of their neighbor!



Floyd Lawson: [while looking at himself in the mirror] Wretch, wretch! Deceitful wretch!


Briscoe Darling: Dud, did you tell Ernest T. Bass the Sheriff wanted to see him?
Dud Wash: I couldn't find him, Mr. Darlin'. His cousin said he went into the woods to kill a mockingbird.
Andy Taylor: He doesn't sound like a very nice person.
Briscoe Darling: One of the worst we got.


Barney Fife: [about Briscoe's decision not to kill Ernest T] It's a wise man who knows not to push the limits of the law.
Briscoe Darling: [to Andy] He arguin' with me?
Andy Taylor: No; he's agreein' with you.
Briscoe Darling: Just so I know where I stand.


Barney Fife: [Andy and Barney are watching a sign painter] Ain't he got chicken spelled wrong?
Andy Taylor: No, it's right.
Barney Fife: You sure?
Andy Taylor: Yeah, it's "i before e except after c and e before n in chicken".


Barney Fife: [chuckles] Oh yeah, I always forget that rule.
[the Darlings are discussing the song they are going to play at Charlene's wedding]
Briscoe Darling: How 'bout "Don't Hit Your Grandma with a Great Big Stick"?
Charlene Darling: No, Paw, That one makes me cry!


Andy Taylor: [Briscoe is getting dressed for Charlene's wedding] Hold still, Mr. Darling, while I put on your tie.
Briscoe Darling: Ever since I saw a hangin', I been nervous about wearin' one of these things.



Andy Taylor: Well, I caught him earlier on a 10-17.
Barney Fife: Hat in a horse trough?
Andy Taylor: Yeah.


Barney Fife: Inkem binkem notamus rex, protect us all from the man with the hex.


Barney Fife: Fly away buzzard, fly away crow, way down south where the winds don't blow. Rub your nose and give two winks and save us from this awful jinx.


Barney Fife: Adios, amigo.
Briscoe Darling: [to Andy] He one of ours?
Andy Taylor: Oh, sure.
Briscoe Darling: [to Barney] More power to ya.


[Gomer has made a citizens arrest on Barney]
Andy Taylor: All right, what's goin' on here?
Barney Fife: Aw this boob here...
Gomer Pyle: Boob? Why that's an insult in the face of the public!


after writing himself a traffic ticket]
Barney Fife: A boob that's what I am, a boob!


[Goober thinks he has whiplash]
Goober Pyle: Floyd made the diagnosis.
Andy Taylor: Floyd, what do you know about whiplash?
Floyd Lawson: What do you mean? A barber does a lot of work around the back of the neck.


[Ernest T. Bass has crashed Mrs. Wily's party]
Mrs. Wiley: He burst into the house uninvited and started behaving in the most peculiar manner.
Andy Taylor: Like what, Mrs. Wily?
Mrs. Wiley: Oh, he stuck his hand in the punch bowl and ate every bit of the watermelon rind. And if that wasn't enough, he soaked the paper napkins in the punch and then he threw them at the ceiling.
Andy Taylor: Didn't anybody try to stop him?
Mrs. Wiley: Mr. Schwump tried to pinch him, but he just giggled and jumped away.




Barney Fife: Andy, I've this one dead to rights! Otis was drunk. I even gave him a test. I drew a line on the sidewalk and told him to walk it. You know what he said?
Andy Taylor: What?
Barney Fife: He asked me what line. I've got this one right, Andy. Otis was drunk!
Andy Taylor: That right, Otis? Did you ask Deputy Fife what line?
Otis Campbell: Yeah; but I didn't have my specs on and drunk or sober, I can't see much without my specs.
Andy Taylor: Otis, three hours ago when Deputy Fife arrested you were you drunk?
Otis Campbell: I don't know; I wasn't wearin' my glasses.


Andy Taylor: Barney, you can't give Otis a sobriety test now; he's had all night to sleep it off. The time to give him a sobriety test was last night when you picked him up.
Barney Fife: I couldn't give him the test last night!
Andy Taylor: Why?
Barney Fife: He was too drunk.

Anonymous said...

What unrelated bullshit!

No justice, no peace said...

All I got to say, is what happened to televison? This writing is outstanding.

No justice, no peace said...

Otis = CGM
Nifong = Ernet T.
Etc...

"Barney Fife: All I'm saying is that there are some things beyond the ken of mortal man that shouldn't be tampered with. We don't know everything, Andy. There's plenty going on right now in the Twilight Zone that we don't know anything about and I think we ought to stay clear."

Near perfect...a standard of care not found in the Duke humanities that's for certain.

No justice, no peace said...

Floyd and the DNA expert...perfect...

For that matter one could consider the Klan of 88 similar to Ernest T.

No justice, no peace said...

1:14 To paraphrase another who post frequently...you must be a communist for they don't have a sense of humor.

No justice, no peace said...

Andy Taylor: Eating speaks louder than words.
Aunt Bee Taylor: You know, your education was worth every penny of it.

Shockingly on point...

No justice, no peace said...

Barney Fife: "Inkem binkem notamus rex, protect us all from the man with the hex."

A CCI initiative?

No justice, no peace said...

"Dud Wash: I couldn't find him, Mr. Darlin'. His cousin said he went into the woods to kill a mockingbird.
Andy Taylor: He doesn't sound like a very nice person.
Briscoe Darling: One of the worst we got."

One of the worst we got...except there are many more than one...

Anonymous said...

Grace is a disgrace - no wonder she supported Nifong so much. Does anyone know - Did Courtv get rid of her or did she quit? Happened very fast.

Anonymous said...

how you could make the loveable characters of an old television show into these horrible, evil people is beyond me.

many have said it, I fear it is true....we just have too much time on our hands.

Floyd denies any knowledge of this "demon DNA" you speak of!

Anonymous said...

vegas wanted me to remind you that Tara did nothing.

Anonymous said...

If you ran an F-14 Fighter on pure methane, and you put your face up to the back end of the turbine, that is what I imagine it feels like standing in front of Nancy Grace.

Except, maybe, the jet would fleck out less rage-spittle.

________

The Periodic Table was updated last week to include "K.C. Johnsonium," a new element that is considered a "Noble Mettle." CHEMISTRY (online now). MOO! Gregory

No justice, no peace said...

1:36 Alas it is the difference between goodness and evil; you are correct and I submitted it with hesitation. The beauty of the writing, the truth, the humanity, overcame me.

It's the message and not the characters.

Also please keep in mind that evidence of evil demonstates evidence of grace/rightousness/goodness. There cannot be one without the other.

The Andy Griffith show simply communicated this message forty years ago.

Anonymous said...

I don't remember Mayberry being that funny. Have these lines undergone a vigorous re-write?

Those "chicken" lines with the "i" before "e" were pure, baby ---- PURE!

Floyd Taylor would not touch Nancy Grace, so don't bother with DNA paternity testing. Floyd knows! MOO. Gregory

M. Simon said...

Anonymous said...

vegas wanted me to remind you that Tara did nothing.

Jul 14, 2007 2:00:00 AM


You wanna bet?

Anonymous said...

1:35

Grace left Court T.V. to host her own show on CNN. That's where she belongs!

mac said...

Could you imagine what it would be like to be a pet in the
Grace household?

"Puddin'. Puddin Kat! I'm tawkin' to you! Puddin Tat I'm
TAWKIN TO YOU!! ANSWER ME!
ANSWER ME WHEN I AST YOU A QUESTION, DAMMIT!"

Does she actually talk to her cat this way?

Who knows? From a woman who stated on national TV that she was a "murder victim," anything's possible.

mac said...

KC,
Hifong can call his Grace-less program:

"Bar None"

mac said...

"I see...
stupid people everywhere..."

No, not a quote from a movie: people who are (were) willing to watch Nancy Grace.
Remember, with Grace's special powers (she was apparently resurrected)
she can see people through their own TV sets.

Could be a sitcom in the works about rogue prosecutors,
along the lines of Reno 911.

mac said...

KC,
Were you thinking along the lines of:
Nancy Grace (on leave,) with Mike Nifong, Guest Host; special guest, Crystal Gayle Mangum;
featuring the Good Ol' Boys Gospel Gang and Linwood Wilson; William Barber appears.
Almost believable.

Believable enough not to be humerous.

Nancy Grace giving birth: "Alien Resurrection?"
Somehow, the image of the momma alien
and daughter alien seems...too human. Too poignant.
(Too human for Grace, anyway.)
Again: more sad than humerous.

I feel sorry for her kids, no joke.
As an adoptee myself, adoption
is a choice she ought to consider making:
I wouldn't be ashamed to have been raised by my birthmom,
but can you imagine the crap that
Grace's kids will have to endure?

Wendy Murphy's a mom, too.
Sad...
Mike Nifong's son...
Poor kid.

God help 'em, every one!

Anonymous said...

K.C., thanks for the examples of Nancy Grace's inappropriate if not illegal behavior as a prosecutor. The examples sound a lot like Nifong in action. It confirms to me what is evident with her vicious words and thoughts, without any concern for fairness or the facts, on her TV show (e.g. Duke lacrosse case comments). She apparently never has sought justice either as a prosecutor or tv show speaking head, but rather only seeks personal attention and fame. She is a leading example of what is wrong with our justice system in the U.S. TV executives who allow people like her to have shows are also part of the problem, not part of the solution. Get her off the air unless the show is sold as Jerry Springer type entertainment...,i.e. a big meaningless joke.

mac said...

Look at Larry D's 2:13 post (7/13)

It's a pretty good summary of NPD.
What's amazing is how many of these types
have surfaced in this event, and particularly
with regard to the (continued) behavior of Nancy Grace.

Some highlights from the link regarding NPD, (minus a few):

1) exagerated sense of self-importance
2) requires excessive admiration
3) has a sense of entitlement
4) selfishly takes advantage of others to achieve his/her own ends
5) lacks empathy
6) shows arrogant, haughty, patronizing, or contemptuous behaviors or attitudes

There's the Nancy/Nifong we all love - (and most of the 88, perhaps?)

Did someone release a special mosquito attractant?

Anonymous said...

Someone should review all of Nancy Grace's convictions while a prosecutor...they have to be suspect. I feel sorry for the people of Atlanta who had to put up with her in that role.

Michael said...

She's no choirgirl.

When she writes a published article, it would be nice to post a summary of her misconduct in the comments section.

Or maybe Harris could assign a composition: who was worse: Nancy Grace or Mike Nifong. Try to keep it under 20 pages.

mac said...

8:05
Perhaps she should be prosecuted for malicious prosecution,
which is (in part) described:

"A meritless (civil or criminal) action instituted solely to harrass the defendant. Such misuse of the judicial process
may be the basis for an action against the original plaintiff/prosecutor." (www.utcourts.gov/resources/glossary.htm)

This description of prosecutorial misconduct eloquently describes the prosecution of Mr. Elmostafa.


This also describes Grace's conduct, if not intent;
it could be argued that Grace "wanted to win, not to harrass."
She does seem to be a "win-at-all-cost" type of person.

Other recent cases where such statutes might be employed:
the infamous (administrative law) judge's tort against Korean launderers.

Another description of malicious prosecution:

"The prosecution of another at law with malice
and without probable cause to believe that
such legal action will be successful."
(www.cfronline.org/orc/glossary/m.html)


Nifong proceeded on with the prosecution of the (Lacrosse) case well
after any serious person might have concluded that there was
no case against the defendants; whomever tried the case against
Elmostafa also knew that they had no case, and allegedly induced
or suborned perjury in order to secure both a conviction
(which failed) and to intimidate the witness/defendant
with regard to his testimony on the wherabouts of Mr. Seligmann.

Malicious prosecution is something that needs to be
studied and remedied, as it is more common than is generally appreciated.

mac said...

"Remedied," BTW, should mean "serious time behind bars."

Anonymous said...

Andy Griffith wasn't just ahead of his time on tv - go back and watch his film "A Face in the Crowd" (turns up on TCM every now and then. Great movie on its own, one of the best character studies of a peculiarly american type of personality ever done.

It's also a portrayal of the life history of Bill Clinton, done 40 years before the fact. Watch it with that in mind and see if you don't agree.

Anonymous said...

I like to imagine the humiliation Nancy disGrace must have felt at being parodied on Saturday Night Live.

She probably would have tried to put on a brave face at the time, but when even the showbiz comedy writers are recognizing you as a bad joke... it has to sting... and sting hard.

Nancy disGrace... good ridance.

Anonymous said...

What is Nancy Grace doing on this blog? Why would you expect her to be any more than an entertainer? Certainly you don't take Judge Judy or any of the others seriously? They're on daytime tv, guys.

Anonymous said...

is Nancy Grace a Communist?

Anonymous said...

Speaking of films that are great character studies...

Saw an early John Waters film on the Sundance Channel last night, "Female Trouble."

I highly recommend it if you have a sick sense of humor. Divine in the electric chair was 1 of the funniest things ever filmed.

Polanski

Anonymous said...

Mr Commie poster

Do you have any other jokes in your quiver? BTW, are YOU a Communist?

Karl Marx

Anonymous said...

Actually Simon, she assisted Dr Manly in collecting the materials for the rape kit. Those materials proved negative for team DNA, which exonerated the team for any evidence of rape. The AG made note of that,

Anonymous said...

Is it a touppee that covers Nancy's pea-brain?

Anonymous said...

Nancy Grace an entertainer? Maybe, in the way that Kim Jong-il is an entertainer. They can both be rather amusing in a ghoulish way, but their idiotic excesses and distortions can also have very serious results. Grace is a fierce little dictator trying to maintain her position by lies and terror... and she has a following. Her venomous denunciations are believed by many.

Her effect is not funny at all. She talks about real things, real lives, real tragedies, and seems committed to do whatever she can to make them worse.

Anonymous said...

Perhaps, Linwood Wilson could replace Nancy Grace while she is on family-way leave. He could turn it into a variety show and sell records/cds\'s/dvd's for his gospel group, Linwood Wilson and The Spokesmen.

mac said...

10:14
did too did too

Gary Packwood said...

KC quoting the Georgia Supreme Court...

...We conclude that the conduct of the prosecuting attorney in this case demonstrated her disregard of the notions of due process and fairness, and was inexcusable.
::
We, the 'Durham in Wonderland' Bloggers conclude that the conduct of the prosecutors, police, professors
and policies of the media in this case demonstrated a disregard of the notions of due process and fairness, and was inexcusable.

Thanks to KC Johnson, the Bloggers and the presumption of innocence...we all may see perhaps, the end of Durham and Duke in Wonderland.
::
GP

Anonymous said...

Why wouldn't the Duke boys sue the snot out of Nancy Grace for defamation?

In Lacomb v. Jacksonville Daily News Co. (2001), a North Carolina court held that the media had to be "substantially" accurate:

"The law does not require absolute accuracy in reporting. It does impose the word 'substantial' on the accuracy, fairness and completeness."

In the early days of the Duke Hoax, Nancy Grace acted like an Abu Ghraib jailer with a real brutal streak, not just a fraternity-like hazing mentality, a mentality more sadistic than Torqumada, and a sneering efficiency akin to a Pol Pot who had his parking spot usurped.

Let's look at just a few of her inaccurate statements:

"GRACE: {T]here is her positive identification of 3 of the suspets,..that the timeline fits with her story, and the rape kit nurse says she saw signs of recent anal and vaginal trauma consistent with rape."

(aired May 11, 2006)

If you read that quote carefully, you realize that Grace got 2 1/2 of her three allegations wrong. She did not get 3 out of 3 because the false accuser did identify 3 attackers -- but then Mangum proceeded on to identify a fourth -- Collin Finnerty.

"GRACE: And now, of course, we know the allegations that this young lady changed her story were completely false."

Even the very shallowest of online investigations would have proved this inaccurate.

Besides being inaccurate, she was also unfair. In her March 31, 2006 broadcast, Grace used the words "elite" 3 times, "rich" 2 times, "expensive" 1 time, "privilege[d]" 2 times and even managed to turn the word "lacrosse" into a rich white privileged slur 6 times (she mentioned it many more times but just for identification purposes).

When you put together the test for defamation in North Carolina, which is a minimum requirement of "substantial" fairness, accuracy and completeness ...

Then you look at what Nancy Grace did ...

Then you consider what she did in the past as found out by K.C. Johnson:

1. "[P]atent misrepresentations of fact" in the Carr case;

2. "[I]llegal and highly prejudicial" actions in the Bell case;

3. And her failure to investigate the evidence in the Stephens case;

There is potential liability here, folks.

_____________

"Sure, we can laugh at movie Draculas, Frankensteins and Werewolves now that K.C. Johnson has killed the real ones." Author Unknown. MOO! Gregory

Anonymous said...

10:20

Since when did anyone force you to watch Nancy Grace? You act as if anyone with any common sense paid any attention to her. NOT!!!!

Don't you have better things to worry about than Nancy Grace? Maybe global warming?

Anonymous said...

9:48 writes:
"What is Nancy Grace doing on this blog? She's an entertainer . . . "

===
1) Nancy Grace engaged in defamation agains the 3 innocent Duke lacross players, and the lacross team;

2) Because Nifong isn't the only prosecuting attorney who maliciously makes things up. We need to know that----this isn't about Nifong (who might be at the center of his own universe) but about the pursuit of truth and justice in any court of law.

This case is also about professors with extreme views hating their own students. The time is ripe for moderation to prevail in America.

mac said...

10:14

Why did the in-SANE nurse meet
with investigators January 10?

Why, of course: to prove that the evidence she helped collect didn't really mean anything!

In other words:
"f' the AG's report!"

Anonymous said...

10:35

I don't think you can talk about professors "hating" their own students. Or maybe, you can. You might be better off talking about their concern/disgust over alleged behavior. And, I don't think their attitude came out of nowhere, even if it was clearly misplaced. You aren't v. moderate.

Anonymous said...

In her last 3 transcripts on her trial-by-me show, dingbat noisy nostril Nancy for 'some' reason had a guest host. The last time noisy nostril hosted a Duke segment was the "nazi" comment episode. Real gutsy, persecutor!

Anonymous said...

10:36: So I guess Houston Baker referring to the LAX players as "farm animals" was really an expression of his love for these students, right? Kim Curtis' decision to give a failing grade to a LAX team member in her class, just because he was a LAX team member, was also just an expression of love, right?

Give me a break.

No justice, no peace said...

10:36 Inkem binkem notamus rex, protect us all from the Profs with the hex

Anonymous said...

F the AG's reprot Mac? WOW
Why did she meet with Nifong in Janyary? Well because when the DA call, most if not all law abiding citizens take the meeting.

mac said...

11:09

Levicy's report (January 10) was an attempt to explain away the fact that there was no DNA from the accussed (sic.)

She was arguing against the evidence she helped collect!Durrhhh!

I love it when you get tied all over your words, by the way: it
shows a picture of trolls tripping over their own feet!

Anonymous said...

10"35 I don;t believe the global Warming stuff - but this is not a GW blog. It is a blog about the Duke Lax Event.

Anonymous said...

Levicy is, was and probably never will be a DNA expert. None of us know what when on at that meeting. To write F 0 the AG Report shows how close minded you are. Insults will get you nowhere,

mac said...

Durrhhh.
I didn't say "f' the DA's report":
I inferred that it was Levicy's
interpretation - if you conclude that she still believed the "accussed" might have committed a crime.

Are you stupid, or do you just pretend not to comprehend all of our patient attempts to describe the Levicy Statement?

Durrhhhh!

mac said...

11:27
Have you read Levicy's statement?
Maybe you could have someone go over it with you, line-by-line?
I hear there are agencies that do those sorts of things!

mac said...

BTW: what grade did you say you were in?

No justice, no peace said...

10:35 You are right this blog is not about GW. Let’s look at one of the root causes…no, not the race-baiting bigots, but instead the manufactured GIRL-CRISIS.

"The GIRL-CRISIS advocates have succeeded in projecting an image of males as predators and females as hapless victims. They have convinced school administrators, leaders of teachers' unions, and officials in the U.S. Department of Education to support them and fund them. They have been able to implement their curricula ad policies in many of the nation's classrooms. They could hardly have done these things if they were not addressing genuine problems that school official are trying to solve...

...The U.S. Department of Education is very involved in promoting "gender equity" in the schools...distributes pamphlets that confidently assert the social origins of gender..."We KNOW (emphasis mine) that biological, psychological, and intellectual differences between males and females are minimal during early childhood..." – Christina Hoff Sommers, “The War Against BOYS. (This book should be mandatory reading if you have boys or girls of any age. Each page is chocked full of well documented evidence that exposes the feminist gender equity frauds.)

The dogma that male/female differences are socialized is nonsense – studies have shown they are indeed hormonal. Any who have children don’t need a study to see the immediate differences.

Like Marxism the gender equity foundation is based upon lies and fraud. This "training" delivers an unsuspecting world the Women's Studies nonsense, Nancy Grace, Amanda Marcotte, Richard Brodhead and all the other useful idiots that seem to be unable to take a step back and question the basic premise of their entire argument.

Anonymous said...

11:43

You patently don't know what you're talking about. Studies don't tell us very much about nature vs. nuture, which I think is what you mean. Some studies provide some kinds of information; some provide other kinds.

What frightens you so much, baby boy?

Anonymous said...

12:06, I think you mean 11:44. You know, No Peace, no justice. And he's referring to himself and his family... He's the anti-commie boy.

Anonymous said...

Lets be careful to protect aggressive DA's that stay within the rules. They have a tough job keeping our streets safe.

I know - I live where the DA is not agressive. The Black community in particular suffers from the DA's political corrrectness that just keeps violent gang members on the street - but it only becomes "newsworthy" garnering broader community interest when a stray bullet hits a non-gang member.

Its sad - so, lets keep perspective here.

IMHO

Anonymous said...

So, about 1 week after federal regulators come down on Mayor Bell's black community bank (all black founded- owned- staffed- and mis-managed by the way)for every possible fiscal impropriety borne of ignorance and bad intent, now Durham is named #1 in the freakin' COUNTRY for discrimination against blacks in the home-loan rate business. "Good things are happening in Durham!"

inman said...

Levicy calling across the hall to one of her nurse colleagues when filling out the CMG rape report:

"Hey, Cindy, how do you spell 'DNA'?

Anonymous said...

I don't believe there is any mention of DNA in the Manly/Levicy report.

No justice, no peace said...

Girls are made of sugar and spice and everything nice.

Boys are made of snips and snails and puppy dog tails.

What's more to know?

The gender equality movement is based upon a big lies.

mac said...

1:32
There is a mention of DNA in the Levicy statement;
the evidence they were gathering at DUMC was
(largely) DNA evidence, for further analysis, which was processed by two labs.

In Dec., 2006, Brad Bannon had exposed the DNA hoax,
showing that DNA had exonerated the accused, that the DNA
was exculpatory and he
managed to get testimony from
Brian Meehan that there was a
conspiracy to withold DNA evidence.

Levicy's statement was made after that: it was a 2 1/2 hour meeting
on January 10, in which she refuted
the need for DNA evidence at all.

Why bother to have a rape kit at all, if DNA isn't important?

The SANE should know that DNA was a big part of the
evidence that was being gathered.
They would have no way of knowing at that
point whether or not DNA was found.

She would know this, however,
and must have known by January 10,
as her testimony claimed that DNA
didn't have to be left for a rape to have occured.
Her testimony was
ignored by the AG because it was
pointless, and it was obviously
a half-witted attempt to denigrate
solid exculpatory evidence.

The problem is that the Trolls who keep popping up don't appear to have
the slightest idea of what DNA is, nor of the SANE Nurse's responsibilities,
nor of the importance of nursing experience in such matters, particularly
in SANE examinations.

It doesn't matter what the trolls think: Levicy looks like a pawn,
has made herself look ignorant, and her supporters keep
pounding the drums
that keeps her name reappearing.

Y'all are doing her no favors by continuing to insist:
you make her look like a dupe, and you look like a dope.

No justice, no peace said...

Sex Hormones Influence Human Cognitive Pattern

Abstract
The major sex differences in cognitive skills are summarized, and the role of sex hormones in early organization and possible maintenance of these differences is discussed. Using animal models and human hormonal anomalies, a good case can be made that prenatal androgens strongly influence adult cognitive pattern, though the relation between baseline androgens and spatial ability, for example, need not be linear. Moreover, men and women remain sensitive to variation in hormonal state, as evidenced in the fluctuations in cognitive and motor performance across natural diurnal, menstrual and circannual rhythms. Evidence from administration of exogenous hormones in humans is more equivocal, though this field ultimately should yield useful information. - Doreen Kimura

You may want to check out table 1.

No justice, no peace said...

Human sex differences in cognition: fact, not predicament



Abstract

Sex differences in cognition are not trivial nor have the most salient differences declined over the last three decades. There is compelling evidence that sex hormones are a major influence in the organization, and perhaps the maintenance, of cognitive sex differences. Anatomical brain differences are also well established, though we have yet to associate these firmly with the cognitive sex differences. While it is reasonable to question the specifics of the traditional hunter-gatherer evolutionary schema, it is argued that it remains valuable in providing a paradigm for understanding human sex-differentiated behaviour, since it is capable of generating hypotheses that can be tested.

Keywords: Cognition, sex difference, hormones

One wonders why it is that academics at Simon Fraser University will post their work, with links, while those in the AAAs and Gender Studies at Duke do not?

No justice, no peace said...

12:06 inre: what scares me...

A good question...it's certain, that when I'm in the backcountry and come across a snake that sees me before I see it then I am scared. Of course this could be a metaphor on the dangers of today's academy as well.

Thanks for asking doll.

Anonymous said...

Well Mac - that is just not true. The role of the Physician or SANE ( who I think will be out of business soon) nurse is to collect materials and get the Q#A checklist completed. The folk with PHDs at the lab do the DNA identification work. Actually, Peter Neufeld himself said "Lack of DNA evidence does not mean evidence of no crime." paraphasing. So if the head of the Innocent Project says the same thing, she is no dope. Talk about not understanding the statements.

Anonymous said...

K.C. has pointed out that Nancy Grace and Mike Nifong seem to have some curious parellels in their career tracks? Could those parellels defy my understanding of geometry and intersect in the same civil lawsuit?

___________________

Siddhartha Gautama was a spoiled fidgety teenager until K.C. Johnson sold him that first bag of weed. [SNOPES - Indicates statement of probable veracity, man]. MOO! Gregory

Anonymous said...

Grace--what a scumbag! There aren't words to aptly describe what a low-life, vicious, reprehensible creature Nancy Grace is. I pity the twins she carries in her because their life with a witch as mother will be unbearable.

mac said...

I wrote the first part of what you stated, already; they gather evidence, including DNA.
You obviously have reading comprehension issues.

She is a dope, because she kept
making comments to fit her new theories, and her comments were
stupid in and of themselves.


Betcha haven't read her statement
yet, have ya?

Durrhhhh!

Anonymous said...

I don't know what all the arguing is about.

Men would die without women. Literally die!

Debrah

mac said...

anon 3pm,

Yeah, it's maybe not so bad that she's physically their mother,
but can you imagine the potty training?

mac said...

2:52
What Neufield is referring to is people - men - preparing
themselves so that their DNA
won't be found. Some criminals who are of the serialized version
have done this.
However, you are basically
taking things out of context,
(and are therefore not credible.)

Except that in this case, the "accussing" witness claimed
that they ejaculated in her mouth,
in her anus and in her vagina.
The "accusser" clamed at the time that her breath
was bad because of the ejaculate.

Adam supposedly raped her orally and anally;
Matt supposedly raped her orally and vaginally.

So, what you're saying Levicy stated - (as it is apparent you claim to represent Levicy) -
there was no condom in the oral rapes, but there was in the vaginal/anal rape?

I hope you represent Levicy; I hope you attempt to sue someone;
I hope you are sued for false prosecution, and Levicy is sued for hiring you.

It is you, and you alone that keep insisting that Levicy had nothing to do
with keeping the mythology of this case intact.

Moreover, I hope the parents of the "accussed" young men sue Levicy to hell and back.

Anonymous said...

No. Mac - Neufeld made that reply specifically when he was asked about the Duke Case and lack of DNA. You can goole the information.
The young men have no law suit - The medical report documented the exam and exonerated them. That trumps any everything else and certainly the hearsay stuff.
Levicy has a good law suit for the unfounded libel made against her by some posters. And, of course, the folk who made unfounded statements and complaints about her to the NC Nursing Board. Finally. no suggestion has ever been made by either lab, that there was a condum footprint on her body or "Private Parts." waisunsubstanti At least the ones who used their own names. does as theri

Anonymous said...

Hope Willie Gray is available to be her lawyer.

Anonymous said...

5:29 pm Vegas at her most eloquent: “No. Mac - Neufeld made that reply specifically when he was asked about the Duke Case and lack of DNA. You can goole the information.
The young men have no law suit - The medical report documented the exam and exonerated them. That trumps any everything else and certainly the hearsay stuff.
Levicy has a good law suit for the unfounded libel made against her by some posters. And, of course, the folk who made unfounded statements and complaints about her to the NC Nursing Board. Finally. no suggestion has ever been made by either lab, that there was a condum footprint on her body or "Private Parts." waisunsubstanti At least the ones who used their own names. does as their”

begas, once again you’ve outdone yourself. hahaha

Anonymous said...

Truth will out -

mac said...

5:29
Liestoppers showed how inconsistent Neufeld is,
how arbitrary, how unfair
in this case against 3 young men:
Check out Liestoppers: Tuesday, January 20, 2007.

Neufeld is unreliable, and not
credible on this particular case.

And you are full of crap, (as always,)
and write like you're out of breath;
naturally, and as always, you won't
respond to the facts, nor will you
admit that you haven't read
the Tara Levicy Statement.

Maybe you should just stop while you're a behind?

Anonymous said...

Come on mac, cut vegas some slack. That was her again at 6:46. She did manage to spell all three words correctly. hahaha

Anonymous said...

Like Cash, Begas,

"speaks plower to ruth!"

P.S. Levicy did it, if you want my opinion. She talked Gottlieb into continuing the Hoax with "consistent" this and "blunt force trauma" that.

Nifong had to "shore up" the foundation for his statements to the media. He, or his minions, met with Levicy. What did a lot of his false statements to the media involve: SANE crap -- condoms, GHB, DNA, trauma consistent with rape, etc....

When we find out in the civil depostions that Levicy was the moving force behind the whole GHB idea, then Begas' little head will explode! Begas' anticipated response: "grambble humplididdy do, Levancy, burp!"

Just ask Floyd, he knows!

___________

On another note, are you guys already giving up on a civil suit against Nancy Grace? Really?

Was it over when the NBPP ran their "Listening Ad"? You can't let Nancy Grace hold a whole athletic team responsible for the behavior of a few sick, perverted prostitutes.

For if you do, then shouldn't we blame the local welfare system?

And if the local welfare system is guilty, then isn't this an indictment of our entire federal handout policy?

I put it to you, fellow bloggers: Isn't this an indictment of our entire Diversity-based non-meritocracy? Well, you can do what you want, but I'm not going to sit here and let her bad mouth the United States of Diversity!

__________

K.C. Johnson has won every Boston Marathon since its inception. He runs the night before, then compares his time against the next day's eventual runner-up. "Boston for Drunk Chow-dah Heads," (Boston Mag. 7/06). MOO! Gregory

inman said...

Gregory is starting to sound like Bluto in "Animal House."

Excuse me....Senator Gregory.

Anonymous said...

To inman: That was a composite character including John "Bluto" Blutarsky and Eric "Otter" Stratton.

Also, my apologies for putting a "rough" draft of the piece on this thread. It obviously fits better on the blog above it.

_________

In 1963, K.C. Johnson succeeded the fictional Vernon Wormer as Dean of Faber College. Dean Johnson is pictured below with Ninth-Year Senior Kent "Flounder" Dorfman. EBERT'S MOVIE TRIVIA (Champ. Pub. 1988). MOO! Gregory

mac said...

Great work, Senator Gregory!

Just a note: KC runs Boston barefoot.

mac said...

Actually, begas is beginning to remind me of the Martians in "Mars Attacks"
(sorry for repeating this from the other day:)

"All green of skin...800 centuries ago,
their boldily fluids include the birth of all half-breeds.
For the fundamental truth self-determination of the cosmos,
for dark is the suede that mows like a harvest."

I had thought it might sound like GF, but now...
hey, maybe begas is GF in drag?

Anonymous said...

7"51 If you believe that, you have no understanding of this case. It was about votes and election - never about rape.

inman said...

Gregory:

Whetever happened to the horse carcass in Dean Wormer's office. Was it glue or taxidermy?

And were the Aye Phelta Thigh or the Tappa Kegga Beer ever granted national fraternity recognition.

And while were on the topoc, what about Nannerl Overholser "Nan" Keohane's singular crusade to eviscerate Duke of all things fraternal. To a certain extent, she is singularly culpable in this whole Duke rape scandal, for if she had not been so strident in her efforts to rid Duke of the white male culture, the lacrosse players would likely have been in a fraternity section on West campus watching a porn move instead of the now evident alternative. No way would a fraternity hire strippers to arrive on campus. No self-respecting Duke athlete/Duke male (when I was there) would have allowed a clearly disgusting form of human life to visit their dorm section -- just would not have happened.

So by pushing the fraternities from the main quad in the name of feminism with the consequent off-campus moves, Nan Keohane started the ball rolling.

Congrat's to the farsighted vision of those who wish to change the world.

Anonymous said...

Neufeld is unreliable - F - the AG's report. You folk are getting desperate. Neither one supports your statements. This is probably a surprise but LS is not the beginning and end all of opinion. Please tell me you signed the letters with your real names when you made libelous statement to the Board.

Anonymous said...

More begas droppings at 9:32 and 9:38. She obviously left them behind for the purpose of comedic relief. hahaha

Anonymous said...

To: mac, [over blog loudspeaker] "Clean up on aisle Levicy!" I have noticed that the "Tara Trolls," as you so delightfully refer to them or it, have attacked Nifong on other boards as well.

Is it really a diversionary movement away from Levicy? Based upon the results so far, I wouldn't think so. I mean, what better way could anyone have devised to draw attention to Levicy?

Is it a ruse to keep us from thinking (and writing) about the Gang of 88, the DPD, the Durham political structure, or Mangum?

On another note, sorry about the bare feet! LOL! My omission. My apology. I also read somewhere that he fasts for 11 months before each marathon. I can't find the link right now ....

____________

To: Inman, You have the advantage of me with your insider knowledge. It does sound like the "Law of Unintended Consequences." Or, was this the Nan character's goal in the first place: Move the problem a couple of miles away?

This circumstance you bring up also tends to prove one of my new pet projects: "Pathos Theory." It is a distant cousin to "Chaos Theory," which recognizes that chaotic systems behave randomly.

In "Pathos Theory" politically correct systems, which are inherently chaotic and unprincipled, behave emotionally and not based upon mathematics, standard logic or reason. The unintended consequences of a politically correct system are, in every measurable respect, as random and "pathetic" as the intended consequences. I'm still working on the mathematics.

_____________

"K.C.'s career as the "Fourth Stooge" was tragically cut short when a hammer could not be removed from his trachea. When modern science could finally extirpate it, he had already moved on to a torrid love affair with a Japanese conceptual artist. "Larry King Live," CNN (7/12/07). MOO! Gregory

inman said...

gregory, you continue to make my lips quiver with amusement....

...yes...the "Law of Unintended Consequences" may indeed apply. (I accept that such a law exists based upon you erudition.)

Keohane didn't like the male / athletic / fraternity tradition. So...she moved it away from the only thing that controled it's behavior ... the proximity to all those who could view their behavior and to whom they, in one form or another, had to answer.

I know that if I had a girl friend (or friends that were girls) who would see the arrival of what anyone would view as a low rent provactive person (Note: I'm being really polite), then I would certainly think twice, even thrice, about ordering the delivery of said low-rent display.

It would simply not be worth it.

But because Duke University decided, in its infinite wisdom, to remove the fraternity life away from the main quad, they in effect removed the oversight of peers.

Nan Keohane's initiative has indeed had unintended consequences, for which she should assume at least some culpability.

Anonymous said...

The comic relief is you all scrambling to try and make the facts fit your theory. It is not happening. Neufeld and the AG disagree with your stories.

Anonymous said...

I’m sick of hearing about Nancy Grace. In the words of Brad Bannon “Who really cares about Nancy Grace?”

mac said...

This thread is about Grace.
And Nifey.

"Grace is the place
with the helpful hardware,
man!"

(I think I'll ask her what the inside
of a bag looks like...)