Friday, August 31, 2007

Guilty

Nifong afternoon testimony:

Nifong is a bit more subdued—perhaps because at the lunch break he saw ABC-11’s story that the US Attorney’s office is monitoring the contempt proceedings with the possibility of opening a criminal investigation.

On May 12: “He went over the findings”—particularly the last six pages of the report.

Never told Meehan to hide any information.

“I never really told him what to include, other than I wanted a summary report. I told him what that meant.” Knew of Meehan’s privacy concerns, but didn’t think it would be a problem in the report.

Possible that he spoke to Meehan about the report on the phone, but he doesn’t recall it being the case.

Recalls only a single conversation over the phone with Meehan—but has no memory of who originated the idea of a May 12 report.

Can’t say whether he was told before May 12 what would be in report, but doesn’t recall it.

Nifong: Meehan “told us what was on each page.”—doesn’t remember very much until they got to the page with Dave Evans (page 6)—asked Meehan what the 98 percent exclusion meant. On May 12, for first time, saw tests for Kevin Coleman and Mangum boyfriend Matthew Murchison (“confirming what we believed early on, that he was the most likely source” of the vaginal sperm DNA).

Q: Was there anything else said at that meeting, that you recall?

A: Might have been, but he doesn’t recall anything else. “But it’s not impossible.”

The meeting lasted 20-30 minutes at the most.

Nifong consistently mispronounces Reade Seligmann’s name, over and over again.

Nifong is now mimicking Brian Meehan—providing excruciating details over meaningless issues.

Initial packet—1271 pages—but he didn’t go through these documents and read them. “Some of it was stuff that was not particularly germane to my interests.” ‘I didn’t spend a whole lot of time with that information.”

[It’s nice to see that the lead investigator for the case casually admits to not reading the relevant documents.]

Q: Did you have any reason to go through discovery packet?

A: No—“we were going to turn over whatever they brought.”

“I sent my own investigator out directly to speak with the officers involved.”

“had assumed all along” that there would be a request for the underlying DNA data.

“Dr. Meehan did not have any objection to providing everything they asked for.” Nifong’s suggestion: Meehan was more open-minded than the SBI lab.

Q: When you got SBI and DSI reports, did you believe that you would be asked to turn over underlying data?

A: I knew that would be the case—request of Aug. 31 not a surprise. Made no objection, though did make a ‘smart-ass” statement. Hadn’t been commenting to the press—“but every time we gave a test results, the defense gave a press conference saying that the tests exonerated everybody.” Regrets doing so now—“but the press was in the courtroom.”

[What does any of this have to do with the Sept. 22 court hearing?]

Sept. 22 session—finally gets to the transcript:

“experts are a little different from other witnesses”—expert looking at evidence in a case that he doesn’t initially have a knowledge of

Two categories of information from Meehan:

1) report and anything that’s in it

2) technicalities of Y-STR—“short course in what that expert does”—what expert can say and can’t say—can have “my basic education” about field, but appropriately shouldn’t go into the report—this is not related specifically to the case—related to the subject matter

Might also go over trial strategy with an expert

Q; Did you discuss any of the facts of the case?

A: “The only facts that I recall discussing with him are when he said we think we have a match to one of the fingernails, and I said David Evans,” and then explained why.

[But, of course, Nifong never admitted to discussing this fact on Sept. 22, when he said he had discussed no facts of the case in any meeting with Meehan.]

Hadn’t gone back and read the DSI report before the 9-22 hearing. When he gave his remarks to the court on 9-22, he thought he was being truthful.

Q: When would you read, in detail, the reports?

A: “You read the reports as you need them.”

[Nifong, interestingly, most of the time speaks in the present tense—as if he’s still a prosecutor.]

“It’s not like I’m totally unaware of what’s in some of this stuff. We’ve discussed these things in general terms, but that’s not the same thing as going back and studying in detail what’s in these particular reports.”

“I had no idea” what the 3rd motion would be—expected motion to suppress, motion to change venue.

“The motion basically said that we had conspired with Dr. Meehan to hide evidence.” [Of course, that isn’t what the motion had said.]

I couldn’t believe that they didn’t already have that, but then I realized that they did have it.” Eventually realized, though, “Thank God they found it.”

Then “pulled out Meehan report from May 12, and started going through it line by line, and I didn’t see any referenced to that, specifically, and didn’t really remember that it had ever come up again.”

“It was like, ‘How could I forget this?’”

“At that point, my feeling was the last thing we needed to be dealing with was public perception that we were concealing evidence.” Faxed him the motion, then called Meehan. Had no conversations with Meehan on what he should or should not say.

Q: Why didn’t you ask Dr. Meehan just to write another report?

A: “The problem that I had with the motion” was attempt to conceal suggested—“I wanted to dispel the taint that would be added to the case that we concealed evidence.”

Never concealed exculpatory evidence, never intentionally lied. “All the statements that I made to the court I believed to be true”—now understands that his statements “were not factually true,” but at the time, believed otherwise.

--

x-exam

“With regard to the case-specific facts,” believed he had said everything was in the report. “As it turns out, that was not the case.”

“I don’t recall” Himan testifying that Meehan told them on 4-21 that there were four unidentified male DNA—Himan said so yesterday in court!!

Q: Why didn’t you correct the record?

A: The defense already had this information anyway, no need to correct the record. “I thought that by calling Dr. Meehan it would make it very clear that there was no conspiracy.”

“I’m not sure that I believe I had misrepresented a material fact” on 9-22—just trying to fix the things that were wrong.

“In terms of the materiality of that fact, I’m not sure that I’m in a position to decide that.”

Meehan statement to Cooney “contradicted” other things he said on 12-15, so felt no reason to correct that record. “The testimony that Dr. Meehan made was in some ways self-contradictory.”

“Very sorry that I did that; apologize to the court at this time for anything I might have said that was incorrect.” But never intentionally lied.

Fourth description of Mangum as the “victim.”

“The fact is we did not discuss the facts of the case with Dr. Meehan”—even though, under x-exam, he just admitted that he had done so; Nifong—his statement “basically true” that he didn’t talk about the facts of the case to Meehan.

[This is a truly astonishing line of argument by Nifong—essentially delusional.]

Q: At the 9-22 hearing, why didn’t you just say you hadn’t read the report?

A: Thought he knew what was in the report [without, apparently, having read the report].

“I didn’t have any reason to go back and read the report.”

Defense omnibus motion of Aug. 31 dealt with Meehan meetings—yet Nifong didn’t take this opportunity to review the Meehan report.

“We never thought that the assault took 30 minutes.”

“Had there been ejaculation and had there not been something to prevent the ejaculate from getting on Ms. Mangum,” would not have expected DNA.

“She only knew that something was stuck in her from behind”—no reason to expect DNA.

“I wouldn’t say that the absence of evidence was unusual.”

“It is not at all uncommon for there to be no forensic evidence in rape cases.”

“I’m not even sure that I even thought of the unidentified DNA as a ‘fact of this case.’”

“The impression that I had was that this DNA didn’t have anything to do with this case.”

Defense got the evidence anyway—the case never got out of discovery phase—but clearly caused them no harm.

He and Meehan “talked about a lot of stuff”—but most dealt with the science.

“I did not consider the other DNA to be a case-specific fact.” “It was not something that was on my radar.”

‘What I was hoping for” was to get DNA on fingernail with DSI: [then why didn’t Nifong just send the fingernail, rather than the whole case file, to Meehan?]

“This case never got out of discovery”—the defense eventually just got everything.

Nifong consistently denies that the unidentified male DNA should have been considered exculpatory evidence.

June 22—Stephens order—for all test results; didn’t think he had to go back and check because was no specific timeframe on when the info had to be turned over.

Admits that he didn’t review his file in any way when he went before Judge Smith on Sept. 22

--

Closing statements, starting at 4.43:

Glover:

Statements “were not literally accurate, they were not literally true.” But not willfully or intentionally lies.

“How we misperceive things when we look at them in reverse.”—the issue is what was Nifong’s state of mind as of 9-22

“words taken out of context or without context have a meaning . . . that’s something entirely different than what was said.”

1) Meehan’s statement to Cooney;

2) Meehan discussion with Nifong about what should go in report—Meehan and Nifong had very different conceptions of what a report is. [In other words, it’s all Meehan’s fault.]

Have to put exculpatory evidence in context of facts of the case [this, of course, is the precise issue here—since the only physical evidence was “diffuse edema of the vaginal walls,” and Mangum had said she had no sexual contact the week before the party except with Murchison, the other DNA is highly relevant.]

These DNA results meant “nothing” to Nifong—and Nifong was right—these meant nothing in the context of the case.

Meehan material (the DNA from multiple unidentified males in the rape kit) is “evidence you’re going to find on every human being” (!!!!!)

Nifong was under no statutory or court obligation to reduce his comments to Meehan to writing.

Other male DNA was “insignificant”; “had nothing to do with the case”—and no reason he should have noticed this fact.

Glover is now suggesting that the question asked by Smith on 9-22 was unfair—not possible that the report could have recorded everything that was said between Meehan and Nifong.

Nifong wasn’t lying—take his comments in context. “He couldn’t have lied; he had no reason to lie.” “Why would he lie about that [information]? Where does it get him? What could he possibly have in mind?”

Nifong knew that defense was going to get this info—no intentionally made false statements.

--

Davis closing:

Nifong admitted that these statements given on 9-22 were false.

2 prongs: 1) Did report encompass everything? Nifong said it did.

2) Were there any statements made by Meehan to Nifong? Nifong said “no other statements made to me.”

Clear that there were conversations between Meehan and Nifong—just look at the conversations recalled by Himan and Meehan with Nifong. Clear that these were “conversations.”

Judge Stephens order of June 22—made clear Nifong was supposed to turn over all tests and results.

But then—Nifong in his Jan. 16 response to Bar, claimed that defense never asked for it. In response to Bar on Dec. 28, Nifong conceded that he knew of this info from Meehan.

Daniel Webster: “An eminent lawyer cannot be a dishonest man.” Warren Burger: lawyers who don’t tell truth or have moral compass, even if they know the law, are “menace to society.”

Have to keep in mind the real victims here—the three falsely accused players. What if their parents hadn’t the money to hire great defense lawyers? What if Bannon hadn’t uncovered the DNA conspiracy?

-

[During the closing statements, ADA Jan Paul was enthusiastically nodding as Glover stated that Nifong always turned over all evidence. And Judge Marcia Morey had darted back into the courtroom to lend moral support.

It’s quite remarkable that—after everything—there are still elements of the Durham legal establishment who appear not to believe that Nifong did anything wrong.]

--

Judge Smith:

Findings of fact:

1) In capacity as DA, Nifong appeared before Court on 9-22-06, in response to specific inquiries by court, represented that Meehan report included all statements made by Meehan to Nifong regarding all DNA tests.

2) Such representations by Nifong were false at the time they were made given existence of multiple unidentified male DNA.

At time of Nifong statements 9-22, he was aware of Meehan statements. He was aware that Meehan report didn’t contain these statements. And he was aware he hadn’t provided such information to defendants.

4.) These items material, exculpatory, and impeachment evidence, to which defendants were entitled.

In making such statements, Nifong willfully and intentionally made false statements of material fact to the Court. Nifong thereby failed to disclose exculpatory and impeachment evidence.

This behavior is in violation of NC criminal contempt statutes. Nifong’s act “is willfully contemptuous.”

Nifong is guilty, announced 5.32.

Nifong character witness: Judge Ron Stephens.

Born and raised in Durham County—has known Nifong for almost 30 years. “He was always straightforward.” Talking about Nifong in the “pre-lacrosse setting.” A “victim-friendly” prosecutor, concerned with “victims’ rights.” Developed and became a better trial lawyer over the course of his career.

“middle of the road style”—always right down the middle. “Always felt like his word was his bond.” Believes that this was the same view among most people in the Bar.

Nifong “not a real cuddly kind of guy.” ‘I relied on him to enforce my rules” when Stephens was DA. “He was the enforcer; he enforced my rules.”

“If he told a lawyer something, I never had a complaint.”—might have been a complaint about the way in which it was told.

Nifong “never had a problem with the discovery process.” Nifong “a good lawyer, a real good lawyer.”

Lots of people didn’t want to try against Nifong because he would win close cases. But did it the right way.

Nifong was a good mentor—“a lot of positive things that he did in the office to assist in the criminal justice system”—Nifong smart, a “legal resource”—helped new prosecutors “how to do things right.” “Almost a joke in the office” to “run this past Nifong.” Other people relied on Nifong to assist them and tell them right way to behave.

‘It has always been a thumbs-up to Mike Nifong, as far as I’m concerned.”

Nifong had to be “encouraged” to take DA job—“at that point in time, it was all a thumbs-up for Mike Nifong.” Nothing in Nifong background to suggest he wouldn’t do a great job.

Nifong the “appropriate choice at that time to do that job.” Stephens near tears by the end of his remarks.

--

Davis:

Previously served on Judicial Standards Commission and Disciplinary Hearing Commission. Not enjoyable positions—but something that had to be done.

Felt like he had a duty to serve as special prosecutor even though would have preferred not to do so.

Two reasons for punishment:

1) Punish the person who’s been convicted of the crime.

2) Just as important is “to act as a deterrent to someone else who might be thinking of doing the same kind of thing.”

Nifong does need to be punished. “When you start saying things to the court that aren’t true, you are taking a jackhammer and trying to tear at the very foundation, the rock on which our court system is built.”

If you can’t rely on officers of court, and DA’s and ADA’s aren’t honest and truthful, then “our court system is gone.”

--

Smith:

Concerns arose in his mind on 12-15-2006; has kept an open mind from then until today.

In findings, no evidence of conspiracy between Nifong and Meehan; until this trial, not sure what Nifong’s response was going to be.

Nifong could have been heard on 12-15 as to his explanation, but didn’t ask to be heard.

Still concerned as pertaining to actions of counsel—but felt it would be inappropriate for him to initiate actions while State Bar and proceedings of lacrosse case were still ongoing.

What this proceeding is not about:

--prosecution of falsely accused;

--not about possible sanctions;

--not about statements to media or press conferences;

--not about politics or public office, or State Bar

“And it’s not just about Michael B. Nifong.”

“matters essential to the Court’s existence and orderly administration of justice.”

This “about protecting and preserving the integrity of the court”—about candor, accuracy, and truthfulness in representations to court, especially in important matters where people’s lives are at stake.

Court must be able to rely on representations to court by attorneys.

“strong sense of setting a deterrent”

Stephens testimony “strong mitigation” as to the offense committed

Nifong sentenced to one day in jail.

107 comments:

Debrah said...

Yeh!

KC is back!

mac said...

Stephens, a "character witness?" Hahahahahahah! (Hey, Judgey baby?Would ya mind offering a sample of
your DNA? Just for posterity, of course.) Would you also like to testify to the character of the Black Panthers who made your court into a circius?

Good luck, Judge Smith: you will get treated to lots of contempt in your courts in the future.
I offer you mine, now.

Yup. Mikey got a tummy rub.

North Korealina.

bill anderson said...

While I am somewhat disappointed with just one day (while he sought to have the three young men thrown away for 30 years), nonetheless I think there will be more troubles down the road for Mr. Nifong.

He is about to find out about what it means to be criminally investigated by people who have the power to make his life miserable.

Anonymous said...

One day? :-(

Debrah said...

Mikey's birthday is coming up soon. If he could delay his sentence for a few days, he and Cy could have a big jail house party.

With a captive crowd...no party no-shows in the slammer.

GIS!

Debrah said...

As many have said, the one day is symbolic...yet a huge mark on Mikey's life.

His troubles are far from over.

I suppose I'm satisfied that he will at least be officially a jail bird after this.

mac said...

Debrah,
Yeah, at least he isn't likely to appeal a 1-day sentence; he'd be risking a lot more.

Anonymous said...

I'm still eagerly awaiting the first G8x reactions.

Anonymous said...

Perp walk! Perp walk!

miramar said...

If you are ever in a NC courtroom, just remember that it is better to lie to the judge (which will get you one day in jail) than to be boisterous in the judge's chambers (30 days in jail). Talk about a strong sense of setting a deterrent!

But no matter what, how the ignorant have fallen. Just compare Nifong today to the Nifong of 18 months ago.

Anonymous said...

Dang! Somebody over at Liestoppers beat me to the Perp Walk line.

Debrah said...

And Judge Marcia Morey had darted back into the courtroom to lend moral support.

Pathetic.

The tomboy matron shed her robe today to bring forth some happy Mikey karma from bygone days...scratching his back for times past when he scratched her flat azz.

Under the guise of being forced to be there today.

Nod up and down, Marcia. Legal robotic tics...designed for the loyal.

What a drone.

mac said...

7:37
Yeah, there's always the Contrast Therapy:

Accused students: "innocent!"
Nifong: "Guilty!"

Debrah said...

To "mac"--

And knowing what a mental case he is, he probably would have tried to appeal.

Glad it's over on this one, at least.

mac said...

Will Mikey have to wear orange?
Will there be pictures?

Anonymous said...

So, the question is, has Amanda Marcotte finally admitted that she got it wrong, or will she wait until she is sued by the innocents?

Don't wait too long, Amanda. The penalty gets bigger every day.

John said...

A question for the law-degree types.
Could the State have objected each time the "victim" noun was used to describe Crystal Magnum?
Since the AG report stated bluntly that no crime occurred, I would presume that the only legally defensible use of the term "victim" would be to describe the three boys, the Duke lacrosse team, the former coach, or the legal presumption of innocence for white boys in general during the Nifong Interregnum.

mdchaney said...

Anybody know what day it is? I'm not *that* far from Durham.

Michael said...
This comment has been removed by the author.
Debrah said...

KC has crossed another milestone in this continuing saga by once again making his way to the courtroom....

....and showing everyone why he's simply the best!!!

hman said...

This is all right. As a matter of protocol housing a (former ) DA in a local jail is an on-the-edge proposition. Too many folks in that jail might have good reasons and homemade knives to deliver final justice to M. Nifong.
And he should not at this point be given anything, especially martyr status.

Anonymous said...

This entire two days was a sham. I hope I never see a member of the defense team justify anything that Smith ever does again. Nifong tried to convict three innocent your men and he gets one day. Screw Judge Smith. I hope he and Stephens both will spend many hours in discovery if the Feds finally get into action or during the pending civil suit by the families. This charade cost the taxpayers of NC a lot of money and the outcome is pathetic. So lie, lie, lie is the message the Court is sending the legal community. I am totally disgusted. I only wish I lived in Smith's district so that I could vote his sorry ass out of office.

Anonymous said...

BWAHHHHH-HAAAAAA-HAAAAAA_HAAAA_HAAAAAAHHHH,,,,

Hey, Mikey -- Don't drop the soap!

AAAAAHHHHH_HA-HA-HAHAAAAHHHHH!!!!

Anonymous said...

1 Day, it's time to sue Nifong, if for no other reason than to stop him from selling his story. OJ tried to sell his story.

mac said...

Hman,
Wonder if Mikey will pick up any spare DNA from the potty in the jailhouse?

Like CGM supposedly did from her kid, or from the seats in the Dee Pee Dee car?

mac said...

Y'know what? Jonah might've had a point, if Durrhh is a modern representation of Ninevah.

inman said...

I truly understand the situation and believe I understand the feelings of those who are glad that Mike Nifong is now going to jail ...

... but, with respect and deference to all, humility at his time is a better demeanor.

Even those who abhor the guilty can equally abhor a lynch mob mentality.

And, at the end of his time, God will be his judge. The Devil will surely concur.

I personally hope he likes it hot.

mac said...

KC,
Wonder what Brad thinks about this penalty?

mac said...

Inman,
Lynch mob?
I don't THINK so.

Anonymous said...

Nifong story to family and friends:

Oct - They are making things up

Dec 15 - They misunderstand what Meehan said.

Dec 18 - The NC DA are wrong.

June - The bar is Wrong

July - I'm being forced out by Hudson for political reasons.

Aug - The Judge is wrong, I did not lie.

Anonymous said...

Didn't Nifong get his degree from UNC-CH law school?

One of the law school's buildings buckled today:

www.newsobserver.com/264/story/688386.html


Just saying.

wine country dude said...

Under the "with friends like these" heading:

Judge Morey's comment that a lawyer is held to a lesser standard of candor to the court during a pretrial conference is outlandish.

I am an attorney, and have had reason from time to time to research the duty of candor to the court. There are, for any attorney who practices before a court, judgment calls as to what the ethically required duty of candor to the court requires. But I have never, ever, heard that that duty varies according to the stage of the proceedings.

Her statement is flatly unsupportable by anything in the ethical codes that bind both attorneys and the judges in front of whom they practice. Any judge in his/her right mind hearing that would be aghast.

Anonymous said...

Anon at 8:05 writes "I am an attorney . . . I have never, ever, heard that that duty varies according to the stage of the proceedings."

Ditto.

That Judge Morey would state otherwise is a disgrace. There are absolutes in the practice of law and one is candor before the court - always.

Debrah said...

After his time in the slammer, Mikey might take refuge for the roads again...like a rolling stone.....with no direction known.....

...cause he be shattered.

¡ Muy mal !

¡ Muy triste !

mac said...

8:05 and 8:10
I am not an attorney - (obviously) - but it seems to me that Morey's setting a precedent, or at least posing one.

no justice, no peace said...

Inre: "...That Judge Morey would state otherwise is a disgrace. There are absolutes in the practice of law and one is candor before the court - always."

She must have come from the education system that is built upon the notion that everything is a shade of gray and there is no right or wrong...that everything is relative...deserves equal status...equal consideration.

In short, she must be one of today's intellectuals.

Anonymous said...

The important thing is that liefong was found guilty. The sentence is secondary to the guilty verdict. Now when we see him on the streets of southpoint we can point and yell..."LIEFONG IS GUILTY, LIFONG IS GUILTY"... Now if we could just see brodhead answering the feds questions about giving private, governement protected info to liefong and the DPD.

mac said...

Nifong still maintained that it was an oversight, not intentional.

Anonymous said...

Of course he is, Mac--he's also still calling Precious the victim in all this.

He's disgusting and stupid.

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

wow, it really is amazing that he only gets one day in jail. in the end, mike gets to laugh in the bar's face. he harnessed the power of the state of nc to put three people in jail and damn near succeeded. and all he has to do is give his law license back and spend the night in jail. not a bad gamble if you ask me. he just didn't win. hell second time dwi offenders get worse than that.

but let this be a lesson to all of you what the fine practice of diversity has in store for you. much more of this crap.

WINDBAG

AF said...

Hope his one day will be in a cell block with all those he has prosecuted and sent to jail.

At least now we know he is a criminal.

Now that the criminal trial is over, can we begin with the civil trial? That won't make him civil.

Then we can have fun at the federal trial. That's the one I'm waiting for......


Bring it on-----------------

Anonymous said...

If it's any consolation for the disgusting display of "justice" in Durham, the Fong's guilty verdict--along with even more reams of on-the-record testimony--just guaranteed that the Bull City's taxes just went up even further.

I just can't wait for the civil lawsuits to "rain." Time to unleash the hounds and let the *real* lawyers get back into the game. Game on, and it's time again for the varsity--these JV hacks can simply pull up chairs and watch in awe with the rest of us.

Mandelbrot's Chaos said...

I believe the ancient Greeks wrote of the kind of behavior exhibited by Mike Nifong. The most direct comparison would be to Sisyphus, who violated the laws of hospitality (open discovery), was avaricious and deceitful (obvious parallels), and secured and threatened Hades (held three innocent people and their families and loved ones hostage in everything but a literal sense). Well, at least he didn't seduce his niece (to further torture the metaphor, he did, however, seduce the left-wingnuts and a sizable minority of the Durham electorate) or usurp his brother's throne; his metaphorical brother (Governor Easley) gave it to him. I cite Wikipedia for much of it, and Sisyphus was sentenced to roll a rock uphill, only to have it roll back down before he reached the summit. Now, he goes on to Tartarus (disbarment and further legal woes), where his suffering will last as long as he does. Aaah, blessed schadenfreude.

Debrah said...

".....he did, however, seduce the left-wingnuts and a sizable minority of the Durham electorate)...."

Indeed, the crazy SOB surely did. I don't think he and Cy-baby will be doing much of that again, though.

GIS!

Anonymous said...

I agree with Windbag: Nifong is getting off easy. Who says honhies don't also enjoy affirmative action?

This slut should have done 15 years-----------------minimum.

inman said...

KC ...

8:45 adds nothing and is somewhat offensive and certainly not very clever

Anonymous said...

Please, don't wet your pants people. Try to be a reasoned likeness of . . . Christians . . . er, this is North Carolina. Go get drunk and celebrate. Bang your pots and walk the streets. Pee on the bushes of the Duke campus . . . you know the drill. The last of this famous blog has become a group of yahoos fresh from Tobacco Road . . . one day in jail does not a crimnal make, but it's a start. Please don't wet your pants.

Jader said...

Let there be no mistake. Even though he only got a one day sentence, this is a great victory. Nifong is forever labeled as a liar. I hope his enablers will suffer the same fate

Debrah said...

The 9:09PM sandscratcher has to be a pro-88 and pro-Nifong and pro-Ashley piece of semi-literate filth.

Probably a refugee from the Durham Social Services office.....taking some time off from kiting checks.

Anonymous said...

Inman

It's the Polanski imitator. Of course, had it been the real P, we would have been treated to something much worse--LOL.

Anonymous said...

Judge Morey's statement was simply ridiculous, how can there be different levels of honesty !! If I were ever before her I would motion to have a change of judge just based on the statement she made in court today. Trials are to PROVE guilt, not innocence, hence, if anything, honesty is more important early on to prevent an uneeded trial, but again, different levels of truthfulness, COME ON... I hope she gets admonished for that remark....

As for Mikey, civil suit is next, it would be ashamed if he profited from a "something happened book". Criminally, conspiring to convict known innocents has to be a crime? Especially since it seems his immunity will be shed given his zeal to become the lead investigator. His one day in jail is hopefully just a warm-up stay.

The city is going to feel a LOT of financial pain, I can only hope people like Gottlieb, Wilson, Addison and others also feel the pain of criminal charges (and unemployment).

Lawyers (I am not one) it seems to me have a code of ethics to uphold the principals of the judicial system. If that is the case, how is it that SCUM like Nancy Grace, Wendy Murphy and that total moron lawyer from the Black Panthers can get away with the crap they spewed.

I am still angry, angry that our judicial system does not have the checks and balances to prevent clearly innocent people from being ruined. Angry that there are judges like Morey out there who feel they can inject there own law and therby undermine the system.

bday

Anonymous said...

Looks like Judge Smith figures that "something happened" in that courtroom.

Anonymous said...

All the judges involved are bums.

Anonymous said...

bday: what Black Panther lawyer?

Anonymous said...

To 9:36

There was a Black Panther lawyer on TV one day who proclaimed the accused guilty and had a chorus of his followers chanting guilty. After the AG found them to be innocent, this lawyer appeared on The O'Reilly factor defending his actions as he was still in the something happened crowd...

BDay

Debrah said...

Malik Shabazz, I think is his name.

Quite obnoxious.

He came to Durham in the Spring of 2006 to confer and demonstrate with Vickie P....Nifong's squeeze.

LOL!

Debrah said...

It's a shame they use a beautiful cat as their symbol of destruction.

Shabazz and his panthers gettin' down to it!

One Spook said...

Wow ... I am truly amazed at some of the comments.

Let's go for ...

"Perspective."

Does anyone know the last time a sitting NC DA was disbarred?

Does anyone know when the last time a DA was convicted of criminal contempt of court for actions while in office?

Already we have seen "Nifong" morph from a personal pronoun to a verb and noun to describe malfeasance in the practice of law.

His actions and the results of those actions have reverberated nationwide. Call me a dreamer, but I am sure that prosecutors throughout our legal system are more careful in their treatment of the accused JUST because of what happened to Nifong.

That is the positive outcome of this terrible miscarriage of justice.

I agree with others that "The Fong" will soon be a defendant in many suits, and that his punishment is not over.

Next, it would be great to see Addison, Gottlieb & Co. of the DPD face punishment too.

And finally, when will we see Duke University punish at least 88 members of its faculty, and when will we see the "Academy" censure this same 88 and adopt "Group of 88" as a widespread term of derision among academics.

I'm really a dreamer, aren't I?

One Spook

M. Simon said...

As I have been saying for a long time:

Jailfong!!!!!!!!!!!!!!!

Yipee!!!!!!!!!!!

One day is a bit disappointing. He will barely be processed in before he starts getting processed out.

Anonymous said...

Many thanks Debrah for remembering the name of the Black Panther Lawyer (what a shame that we have people that can call themselves lawyers and do what he did).

One Spook, I concur with you, the case has been beneficial to the justice system, I only hope it is lasting. Without safeguards, history has a habit of repeating itself.

As for the G88, well, I put them in the same class as pimps, drug dealers and petty thieves. Their only interest in life is their own self gratification. What a shame people like this actually teach in Universities. The fact that Duke keeps them employed tells us how powerful tenure is and how cowardly the University is by not going after them.

Bday

One Spook said...

gs said...
Orange Jumpsuit Time

One Day For Mikey

Anonymous said...

"I'm really a dreamer, aren't I?"

A wingnut is closer.

Anonymous said...

The Judges of Durham County

What a pathetic group! Stephens is the Judge of the Hoax. Morey, Hudson, Titus, and Bushfan all carry the water for the corrupt legal system.

Visiting Judge Smith sat on top of this farce of a case for months.

But wait, I hear the sound of massive lawsuits. Yes Lawsuits! It will crush this corrupt city & county. It won't be in the stinken rotten county courts, it will be the Federal Courts.

M. Simon said...

Debrah 8/31/07 8:11 PM,

"with no direction HOME, a complete unknown, like a Rolling Stone"

Unfortunately for Mr. Jailfong he now has a name that will live in infamy.

Debrah said...

TO Spook--

LOL!!! You have been ready for this a long time.


TO Simon--

It's sweet, but I wish it were longer.

:>)

M. Simon said...

Bday 8/31/07 10:33 PM,

Uh, pimps and drug dealers actually provide useful services.

Sex for those who want or only can get the commercial variety. They provide protection services to the women and keep the johns and police in line.

The drug dealers provide drugs for self medicators.

Fonggery is more akin to robbery, theft, financial chicanery, or murder.

M. Simon said...

One point to remember.

This conviction will greatly aid the lawsuits that are coming. In that respect it is more than a symbolic victory.

Anonymous said...

JLS says....,

1. Considering where things were just a year ago, this is pretty satisfying to me.

2. More than one day would have been appropriate in my view. But Nifong has been disbarred and booted as DA so he is not in a position to do this again. Deterence of other out of control DAs out there though is needed.

3. As far as the law suits go, Durahm will settle like Duke did. Mangum and Nifong will not show and there will be a default judgement against them, but that will keep them from writing and profiting from revisionist histories of this saga.

4. To me the remaining issues of interest are, will Gottlieb "retire" like Wilson was fired and will the Feds step in against Nifong, Gottlieb and Wilson. Himan likely won't be taken on by the feds, since he seemingly turned states evidence.

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

JLS says...,

re: anon 11:05

Nifong was ordered to report for jail at 9 am on Friday 7 Sept. and was to serve until 9 am Saturday.

Anonymous said...

Cannot believe a judge, such as Stephens, would open himself to a Federal Investigation. He allowed the Nifong,DPD hoax to fester. Then Osmond Smith tried to cover their asses.....Osmond you are nothing more than a buffoon. Your K-Mart bi-focals, propped on your Gottlieb styled nose, is utterly disgusting

Gary Packwood said...
This comment has been removed by the author.
Gary Packwood said...

Mandelbrot's Chaos 8;53 said...
...I believe the ancient Greeks wrote of the kind of behavior exhibited by Mike Nifong. The most direct comparison would be to Sisyphus, who violated the laws of hospitality (open discovery), was avaricious and deceitful (obvious parallels), and secured and threatened Hades (held three innocent people and their families and loved ones hostage in everything but a literal sense). Well, at least he didn't seduce his niece (to further torture the metaphor, he did, however, seduce the left-wingnuts and a sizable minority of the Durham electorate) or usurp his brother's throne; his metaphorical brother (Governor Easley) gave it to him. I cite Wikipedia for much of it, and Sisyphus was sentenced to roll a rock uphill, only to have it roll back down before he reached the summit. Now, he goes on to Tartarus (disbarment and further legal woes), where his suffering will last as long as he does. Aaah, blessed schadenfreude.
::
Excellent!

I have the statue of Sisyphus on my desk as a reminder not to go there.

http://images.google.com/images?q=Sisyphus+&ie=utf-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&sa=N&tab=wi

Thanks for the reminder. Most appropriate.
::
GP

Anonymous said...

What do someone's bifocals, or nose, for that matter, have to do with anything?

Debrah said...

KC--Please remove 11:05PM.

Anonymous said...

11:22 What is your complaint? No vulgarity in the post and it is on point.

Anonymous said...

Debrah,

Who the heck are you? The comment police?

don t. said...

As I have said before, we folk down here in Louisiana will be forever grateful for the great state of N.C. and the city of Durham for demonstrating that we are nowhere NEAR the most corrupt judicial system in the country. What a farce. And Duke????? The feckless stumblebum and his 88 clones still rule. Durham at least went through the motions of getting rid of its incompetants.

trinity60

Michael said...

In his final statements, Judge Smith started by saying
that he had his concerns back on Dec. 15, 2006.
I think this is evident in how pointed he asked Nifong
those two questions, which Nifong has now been
found guilty of wilfully answering falsely.

I am really happy that Nifong was found guilty.

I was a little disappointed that Judge Smith didn't
mention intimidation of witnesses in his list of
things this case was not about. Nifong and Wilson
need to be charged with initimiation of witnesses --
several counts.

Debrah said...

KC is not a "Christian".

This poster has used this taunting sarcasm for quite some time when moderation is relaxed.

It's a way to try to characterize this blog in a certain light where it does not belong.

Anonymous said...

JLS says....,

re: michael

As Judge Smith made clear this hearing was about contempt of court. Intimidation of witnesses in the case did not happen in court.

Thus any action concerning intimidation of witnesses would have to be charged by a prosecutor not a judge. Then it would have to go to a trial before a jury.

no justice, no peace said...

"The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee." - Jules

Seek ye first...

Anonymous said...

"Meehan material (the DNA from multiple unidentified males in the rape kit) is “evidence you’re going to find on every human being” (!!!!!)"


EWWW! YUCK! This man is supposed to be a DNA expert and this is the presupposition he makes about MY underwear? This man is not only an intentional fraud, he is also a pervert. Put him in with Nifong!

jamil hussein said...

This is what social disaster look like.

no justice, no peace said...

"Jules: This was Divine Intervention! You know what "divine intervention" is?

Vincent: Yeah, I think so. That means God came down from Heaven and stopped the bullets.

Jules: Yeah, man, that's what it means. That's exactly what it means! God came down from Heaven and stopped the bullets.

Vincent: I think we should be going now.

Jules: Don't do that! Don't you fucking do that! Don't blow this shit off! What just happened was a fucking miracle!

Vincent: Chill the fuck out, Jules, this shit happens.
Jules: Wrong! Wrong, this shit doesn't just happen.

Vincent: Do you wanna continue this theological discussion in the car, or at the jailhouse with the cops?

Jules: We should be fuckin' dead now, my friend! We just witnessed a miracle, and I want you to fucking acknowledge it!

Vincent: Okay man, it was a miracle, can we leave now?"

jamil hussein said...

The forthcoming Group88 statement no doubt says that this was a conspiracy, set up by the jews and KC Johnson. Its real purpose was to advance kc's book sales.

Seriously, I hope KC has bodyguards in Durham.

I expect protesters from various G88s, angry studies, NAACP, ACLU and local Hezbollah and Hamas chapters.

Anonymous said...

"The forthcoming Group88 statement no doubt says that this was a conspiracy, set up by the jews and KC Johnson. Its real purpose was to advance kc's book sales."

Dude. Move on. Seriously.

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

Break out the KY

Michael said...

Pretty harsh words from Cheshire on Nifong today reported by ABC News:

"I think what he did was willful and intentional and damaged seriously this state and the lives of these boys and their families," he said. "I don't feel sorry for Mike Nifong. Sorry if that sounds cruel, but I don't."

http://abcnews.go.com/Sports/WireStory?id=3548046&page=3

Gary Packwood said...

KC

Thanks so much for the Herculean effort needed to fly into Durham, blog for two days and then fly back and prepare for all of the speeches and events for your book.

I learned much for your blog today and yesterday.

You are appreciated.
::
GP

Anonymous said...

12:06 --

Methinks the Fong's fellow inmates won't be so gentle.

Fong has been punished and will be punished further, but the 88 remain totally un-punished. That is the remaining travesty that needs rectification. How will that be achieved?

no justice, no peace said...

11:40 Inre: Actually that's Ezekial

Anonymous said...

Outstanding! Sorry to be late but its outstanding as always! Thank you!

Nifong forgot: "A public office is a public trust".

Smith may have gone light on the man (OK, he did), but Nifong can't whine now that it was only the BAr out to get him. Its indelible now!

One Spook said...

jamil hussein @ 11:54 writes:

The forthcoming Group88 statement no doubt says that this was a conspiracy, set up by the jews and KC Johnson. Its real purpose was to advance kc's book sales.

Seriously, I hope KC has bodyguards in Durham.

I expect protesters from various G88s, angry studies, NAACP, ACLU and local Hezbollah and Hamas chapters.


No way.

KC will speak to a full house at Duke. There will be excellent security, but he will have no need for "bodyguards."

There will be no Group of 88 or any other organized "Group" present to protest, because ......

Bear in mind that, while we haven't seen "public condemnation" of the Group of 88, there exists among the faculty at Duke, as any large institution, a massive "grape vine" among the 88 and others.

I would guess that since their last public comment, the "Clarifying Statement," there have been many "coffee chats" and informal meetings between Group of 88 Leaders and various administration officials. Excellent CYA skills are necessary in university administration.

The tenor of those "chats" has naturally been, "Your actions and statements were "misunderstood" of course, but PLEASE folks, do not do anything more publicly, especially NOW since anything you do from here on out is NOT COVERED by our lawsuit settlement! [insert simpering smile here]"

KC's most difficult moment of the evening will be when someone asks him whether he agrees with David Horowitz' approach to solving problems in academia ...

I've been thinking of attending myself and playing a secretly planted recording of the trumpet "Call to Post" at Scarborough Downs just after the initial applause has died down and immediately before KC begins his presentation.

One Spook

Dwilkers said...

One day in jail? ONE DAY?!? You have GOT to be kidding me.

Anonymous said...

One Spook said...

And finally, when will we see Duke University punish at least 88 members of its faculty, and when will we see the "Academy" censure this same 88 and adopt "Group of 88" as a widespread term of derision among academics.

I'm really a dreamer, aren't I?

8/31/07 10:21 PM

anonymous 88ist academic said...

"I'm really a dreamer, aren't I?"

A wingnut is closer.

8/31/07 10:39 PM


So, perfesser, it's "a wingnut" who dreams that a measure of justice will finally be served to the 88ist at Duke? Oh, wait -- nooooo, you think the 88ists did nothing so wrong that would deserve any such "justice" that One Spook imagines, correct?

Anonymous said...

While one day in jail is a symbolic slap on the wrist, the impact on Durham (county and city ) is huge. They will have to defend the civil suits, facing the plaintiffs attorneys who will constantly remind everyone that Nifong not only wrongly and criminally prosecuted the defendants, but he was held in contempt for lying to the judge and was incarcerated for his criminal activity. Durham better start writing a check with a lot of zeros - like $100 million. I can't what for the civil attorneys to pile on and rip this dirty little city apart. Too bad Duke was allowed to settle...

duke09parent said...

For those of you who think Nifong should serve more than one day for his conduct in the whole case, I agree. But this hearing was just for one element of that conduct, lying to the court on one particular day. Anything more than 2 days would have been excessive for this particular offense.

Maybe the feds really will consider federal charges. I hope so. The entirety of his conduct was criminal.

Anonymous said...

Shazzaz is not only a lawyer but the head of the NBBP. I though everyone in America with a TV set knew his name. Fox New has him on fairly often - I quess to show us what the devil look like.

Anonymous said...

Hey - Nifong forgot to say "He thought the whole thing was true, because Levicy told his so. Whats with that? Maybe she did not ignite the hoax but the NO and Ruthie. The Duffer came up missing = WOW. Who would have thought?

Ralph Phelan said...

"A “victim-friendly” prosecutor, concerned with “victims’ rights.”"

Between this quote and hearing Wendy Murphy referred to as a "victims rights activist" I've reached the conclusion that "victims rights" is a euphemism for "guilty until proven innocent."

Ralph Phelan said...

jamil hussein said...

"Seriously, I hope KC has bodyguards in Durham."

Two words for you to keep in mind KC. Pym Fortuyn. The Left plays rough with those who threaten its illusions.

Anonymous said...

Has anyone heard anything from or about magnum???

hman said...

I suspect that the make-up of this and related blogs will very soon change a lot because KCs book is coming out, KC is going overseas , and the next phase of this may attract a greater or lesser interest.
Be all that as it may, there are a few overall points that are close to my heart and that I want to set down.
First, I cannot imagine a worst nightmare than being pursued by a DA for a charge as serious and destructive as rape when the DA and his henchmen already know it is bogus. Think what it means to realize that no argument or evidence is ever going to persuade them to stop. It would be like a fight with a hungry wild animal. Nothing about that situation is compatible with getting a good nights sleep. Any support along the lines of "Don't worry, it will turn out OK" must always fall short of providing comfort because if the "system" were working in a sane fashion the danger would never have been un-leashed in the first place. So I have vast personal regard for the courage those guys and their families displayed in the face of deadly serious danger- that persisted long enough to count as "forever" psychologically.
Second, when in that sort of danger, and you are lucky, a gang forms to protect you. If you are truly blessed, you have a gang like KC, B.Bannon, Chesire, and many others who would dive in head first and go at the bad guys without mercy and restraint.
When watching those guys speak on this matter one saw a rare thing in real life - world class intellects passionately engaged in a public struggle where there were no shades of grey. Whenever you see the legal teams of three felony defendants working together as a team you know something extra-ordinary is going on. The kids were really innocent. But the good guys were heavily out-numbered by the bad guys and the bad guys seemed to own all of the media outlets. Like the Alamo only without any of the moral complexities.
I picked up on this strongly very early on and I admit my attitude towards Nifong and his enablers often bordered on being somewhat unhinged. Like in the movie Sin City where the character Marve explains his attitude towards hit men. "I like them because no matter what you do to them, you don't feel bad."
Put altogether, this saga has been for me one of the most vivid and engaging in my life, even if entirely vicarious. Seeing the good guys rescued and redeemed in an unprecedented fashion, seeing Nifong twitching his way thru a series of doomed defensive efforts, watching absolutely world class intellects working in unity and passionate engagement to bring all about - it is for the ages - as far as I am concerned and more than a few times I got choked up about it.
Maybe the next phase will be equally vivid and important; but I doubt it. At any rate, these are things I wanted to say today.

Anonymous said...

Does anyone have an address so I can write Nifongwhile in the slammer?
......actually, I feel sorry for his son. Nifong and Cy deserve all the evil that comes their way.