tag:blogger.com,1999:blog-32542246.post2218323789282887243..comments2024-02-24T05:19:10.949-05:00Comments on Durham-in-Wonderland: Nifong's Procedural "Justice"kcjohnson9http://www.blogger.com/profile/09625813296986996867noreply@blogger.comBlogger39125tag:blogger.com,1999:blog-32542246.post-75080586892925006612009-10-30T01:02:45.690-04:002009-10-30T01:02:45.690-04:00I know Shamir Louis Rone, and he would never do so...I know Shamir Louis Rone, and he would never do somthing like that. The kid had alot going fo himself. I was one of his teachers/football coach. The kid had a good head on his shoulders and he had to drop out of school. I'm not saying that he is perfect cause noone is but, he came to me crying and told me everything that went on that night. I know he was telling me the truth I could see it in his eyes, and to this day I still say he was telling the truth. I see him from time to time he comes and helps out with football practice. He is now going to school and playing semi-pro football. Noone in this world is perfect, not even you. It's funny what the love you for your family can make you do. In closing I would just like to say, he loved his family enough to take a charge of this magnitude for them and dismantle his whole life. I thank young men and women should start telling the truth about their age because in this case thats what happend. (he was 17 and she was 14) They were both minors, and they had no case then so they waited until he was (18) and with that being said please don't judge unless you know the whole story.In The Name Of The Lawhttps://www.blogger.com/profile/06265021284113708052noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-53560444181125616382006-11-06T14:00:00.000-05:002006-11-06T14:00:00.000-05:00I have two comments I want to make/ask.
1.) I have...I have two comments I want to make/ask.<br />1.) I have been reading the Volokh blog and the biggest question is why Nifong has not talked to the accused about the case. The main reason given is to remove the possibility of being a witness for the defense. My question is isn't that Nifong's job to pursue justice? SO IF he does get conflicting accounts from the accuser wouldn't that be his job to give the defense the proper information?<br />2.) Do DA get a get out of jail free card when it comes to civil liability<br /><br />My spelling is probably horrible sorry typing before I go teach.<br /><br />Phillip Mixon PhDAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-91188469081911833492006-11-02T09:17:00.000-05:002006-11-02T09:17:00.000-05:00Too bad DAs have absolute immunity from lawsuits.....Too bad DAs have absolute immunity from lawsuits...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-74858786475893099742006-11-01T18:47:00.000-05:002006-11-01T18:47:00.000-05:00In reply to the post by huesofblue, I often have f...In reply to the post by huesofblue, I often have found that people working as assistant prosecutors fall into three categories. <br /><br />The first involves people who want to practice criminal law, but believe they need to gain experience by working for a prosecutor, learning the ropes, and the like. They are not career prosecutors, but find working there helps their careers when they go to the other side.<br /><br />The second category is that of individuals who see this work as a personal calling. For example, I know an assistant prosecutor here who is a straight-up guy and does not pursue a case unless he believes (1) that the person being accused actually committed a crime, and (2) he can win in court. These people are dwindling in those places, to be replaced by people in the next category.<br /><br />This last category encompasses people who are the dregs. They are lousy lawyers who could not make it in private practice. Furthermore, they enjoy bullying people, are not afraid to lie or cut corners, and revel in their legal immunity.<br /><br />Liefong clearly falls into the last category. Also, I am sure that the other prosecutors in his office recognize what he is doing in the lacrosse case is immoral AND illegal. That they continue to practice there and defend him demonstrates to me that they also are in Category Three.<br /><br />William L. AndersonAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-34791638606322627192006-11-01T17:00:00.000-05:002006-11-01T17:00:00.000-05:00We must hope that the new judge has the experience...We must hope that the new judge has the experience, smarts and integrity to see this case for what it is and dismiss the photo ID. Without the ID, there is no case. Given the Durham atmosphere and make up of the population, dismissing this case will take a judge of strong character. So far, non of the judges in this case have met that criteria.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-42083635021209810562006-11-01T16:30:00.000-05:002006-11-01T16:30:00.000-05:00I posted anon 12:06.
I see one other hope..a venu...I posted anon 12:06.<br /><br />I see one other hope..a venue change could totally nullify Nifong's crafty plan to get some of his supporters on the jury, and get a hung jury regardless of the facts presented. I don't think his smarmy, arrogant, egotistical style will play very well outside of "Wonderland".Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-78959216015064280842006-11-01T13:25:00.000-05:002006-11-01T13:25:00.000-05:00To the 12.08--yes, I'll make the correction in tex...To the 12.08--yes, I'll make the correction in text, with asterisk to note change.kcjohnson9https://www.blogger.com/profile/09625813296986996867noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-73241931037843679982006-11-01T13:03:00.000-05:002006-11-01T13:03:00.000-05:00Oh absolutely. With Nifong being supported by almo...Oh absolutely. With Nifong being supported by almost half of likely voters in Durham county, Nifong knows that sneaking at least a few of his supporters on the jury is virtually a guarantee. As those supporters appear to support him despite all the information known about the case, it’s entirely likely Nifong’s supporters will ignore all the exculpatory evidence. The accuser presumably can get on the stand and point her finger at the three defendants. Of course three is always a chance she might still get confused and point in the wrong direction, but even that might not matter to Mike Nifong’s supporters on the jury.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-91064913397508822592006-11-01T12:55:00.000-05:002006-11-01T12:55:00.000-05:00KC used the word "opportunity", not "right."KC used the word "opportunity", not "right."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-68762380463048065452006-11-01T12:08:00.000-05:002006-11-01T12:08:00.000-05:00KC, careful how you use the word "right" as in "ri...KC, careful how you use the word "right" as in "right to a probable cause hearing". Other defendants were obviously permitted or afforded or allowed probable cause hearings but a right is something you can insist upon and isn't something left to the discretion of the prosecutor. Otherwise, excellent work as usual.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-50157221917122998272006-11-01T12:06:00.000-05:002006-11-01T12:06:00.000-05:00I don't see that happening. I have become very pes...I don't see that happening. I have become very pessimistic after seeing polls that suggest Nifong will be reelected even after the 60 Minutes piece, and the recent information from ABC. Some of these people in Durham are completely out of their minds. (If you doubt me there was a letter to the N&O in response to Ruth Sheehan's editorial suggesting that Mike Nifong was a "great guy", and that the community was united in support for him.)<br /><br />I think he will win the election. But he has invested his reputation, his ego, his career, and everything he has in trying this case. From what we have heard about him, he is a stubborn fool, and once he makes up his mind, he will not change it. I see him going to trial even if he has to physically drag the false accuser into the courtroom unwillingly to testify. <br />If he's really counting on jury nullification to get a hung jury, all he has to do is get her in there and have her say a few tearful words, and identify the defendants in the courtroom. If she is a decent actor (and based on what we know of her performance in seeking prescription drugs in the ER while continuing to perform her srip routine, she is quite accomplished as a liar and a fake)<br />that is really all he needs her to do. I'm sure that her story will not hold up under cross examination, but so what? Again, if Nifong thinks he can slip one or two of his loyal supporters onto that jury, it doesn't matter what she says.<br /><br />I really think the only hope is for the judge to not allow the identification, and to dismiss after the prosecution presents it's case, because of the total lack of evidence. A trial resulting in a hung jury is a disaster, and clearly would be a huge victory for Nifong. It would show that he has the power to manufacture a case, take it to trial and get a hung jury just because he wants to.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-86307250445247125952006-11-01T10:25:00.000-05:002006-11-01T10:25:00.000-05:00Does anyone not think that this will all end somet...Does anyone not think that this will all end sometime after the election (I assume Nifong will be elected) with Nifong piously announcing that: (1) he still believes in the case just as much as he always did and nothing he has seen since March has changed his mind; but (2) the AV is "still too traumatized" to take the case to trial and he is respecting her decision and request not to proceed so he is dropping the charges? Seriously, is there any other likely scenario? At that point, the only way that Nifong will ever be exposed and the lax players' reputations salvaged is if they decide to initiate a civil suit against Nifong.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-91795982525103754452006-11-01T10:16:00.000-05:002006-11-01T10:16:00.000-05:00I have been watching for this since your appearanc...I have been watching for this since your appearance at Duke. Besides the obvious inconsistencies between these cases and the Lacrosse matter, I was struck about how long some of these cases took to get to a grand jury. Some made in it in five weeks, some in 11 months. In a former existence I was responsible for scheduling criminal cases in the Superior Court of the State of Delaware. We were charged with brining criminal defendants to trial within 120 days of arrest. You obviously cannot try until after indictment. The DA controls the Grand Jury. It says volumes about the lack of justice in North Carolina that judges put no pressure on the DA to indict in a timely fashion. I can assure you that in Delaware, the Attorney General would have been cited by the court for failure to indict in a timely manner. Keep up the good work.--Duke'67Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-66325699756811088902006-11-01T09:49:00.000-05:002006-11-01T09:49:00.000-05:00KC will remember from the ACLU forum at Duke that ...KC will remember from the ACLU forum at Duke that Larry Holt, Chair of the Durham Human Relations Commission, said a major complaint from Durhamites is the "catch and release" policy of the courts.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-74335504749150273072006-11-01T09:47:00.000-05:002006-11-01T09:47:00.000-05:00I don't know about the rest of you here, but if I ...I don't know about the rest of you here, but if I was a judge and found out that the accuser had married the defendant charged in a rape case, I would have serious doubts about how the DA and the DPD conduct investigations. Tell me that the case was dropped before the couple entered the courtroom hand in hand.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-7021596063394522712006-11-01T09:29:00.000-05:002006-11-01T09:29:00.000-05:00Great investigative work, KC.
Something a lot of j...Great investigative work, KC.<br />Something a lot of journalists seem to be not capable of these days.<br />They can huff and puff that blogs are not nuanced enough, but it appears bloggers are doing the best work, leaving so-called real journalists in the dust.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-75808081978153641202006-11-01T09:18:00.000-05:002006-11-01T09:18:00.000-05:00I hope the merry band of cowards surrounding Brodh...I hope the merry band of cowards surrounding Brodhead are reading this excellent and detailed analysis of the way justice works in Durham. Wonder if they could post it on the Duke website so parents can see what kind of town they are sending their students to?<br />Recall Nifong-Vote CheekAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-11653741108789757492006-11-01T09:10:00.000-05:002006-11-01T09:10:00.000-05:00KC: Does this show willful intent on the part of ...KC: Does this show willful intent on the part of the DA to be biased against this case. Along with all the other prosecutorial misconduct, Unconstitutional lineup, lies in court, destroying of exculpatory evidence (police tapes, not even talking to the accuser or the accused, etc. the list goes on and on, can a motion be brought before the judge to dismiss based on his manipulation of his office to use these boys to get elected?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-8098508377742483212006-11-01T08:57:00.000-05:002006-11-01T08:57:00.000-05:00TO 6:20 you stated there are no witnesses. Yet th...TO 6:20 you stated there are no witnesses. Yet there are witnesses. The false accuser who stated a rape did not occur, the prosecutors #2 witness Kim Roberts who said it was a "crock" and a rape did not happen. And you have 41 other people at the party who say a rape did not occur. 43 witnesses who know where Reade, Colin and Dave were at all times during the night.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-59844608989953668912006-11-01T08:42:00.000-05:002006-11-01T08:42:00.000-05:00great work KC! When the probable cause hearings w...great work KC! When the probable cause hearings were waived, it still took several months to almost a year before a presentation to the GJ was made in most of these cases. Why the rush in the Duke case?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-80300702066689446832006-11-01T08:28:00.000-05:002006-11-01T08:28:00.000-05:00KC Johnson:
Brilliant analysis. Thank you!KC Johnson:<br /><br />Brilliant analysis. Thank you!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-72500565384428903362006-11-01T08:02:00.000-05:002006-11-01T08:02:00.000-05:00A great article which should be printed in the HS,...A great article which should be printed in the HS, N&O and the Chronicle and most particularly the NY Times. Questions: How many of the offenses cited were black on black crime. It would be interesting given Nifong's comments at NCCU. The facts might show just how racist Nifong really is pleaing down cases of black on black crime. Would the black community not be outraged at this?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-67950926251174417642006-11-01T07:53:00.000-05:002006-11-01T07:53:00.000-05:00Great work, KC. Can you get this info out to the ...Great work, KC. Can you get this info out to the MSM?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-63568179873974097852006-11-01T07:37:00.000-05:002006-11-01T07:37:00.000-05:007:00 Good analysis. i was scrooling before posting...7:00 Good analysis. i was scrooling before posting and had the same thoughts.<br />While victim's and witnesses may be afraid to testify really is not the point. That is a given circumstance that would always be correct. My take is the plea to lesser charges and suspended sentences. Is this the same Judge? how many Judges are there in criminal court in huckleberry NC? <br />First degree charges with a minor victim sounds pretty serious. What are the sentencing guidelines for rape in NC. How can a suspended sentence fix anything.<br /><br />In NJ this would be 10-12 years with a Mandatory 85% served due to the violent nature of the charges. Of course they would plead to lower charges but still would have to serve 85% due to the restraint issues. I don't see any A/P giving less than 6 years and that is with a "shaky victim" and the accused giving relevant information on drug trafficing or murder cases.<br /><br />What are these LAX players looking at by way of NC sentencing models?<br /><br />Bail is another issue. Nifong wanted an extremely high bail to catch the media's attention before the election. Just look at all the politicians on tv ads. Everyone that is a lawyer has an ad of how they "prosecuted criminals". This is their job. it is not a public service. How well they do their job is extremely relevantThe Dudehttps://www.blogger.com/profile/07417776000068927222noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-37173875857816469582006-11-01T07:27:00.000-05:002006-11-01T07:27:00.000-05:00What is something one will never see in Durham H-S...What is something one will never see in Durham H-S? An outstanding article like this, that's what.Anonymousnoreply@blogger.com