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Comments and analysis about the Duke/Nifong case (2006-2014).
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2006
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October
(52)
- Symbolic Justice
- Sheehan on the Election
- A "Technicality"
- Sunday Roundup
- Yesterday's Hearing
- Reciprocal Discovery
- Nifong's Creative Ethics
- Gottlieb Is Out
- Monks Press Conference
- Fiction
- Stretching Credulity
- Live-Blogging
- Surveying the Poll Results
- Baldwin's Significance
- Duke Talk
- Steven Baldwin Speaks Out
- Checking in with the Group of 88
- What, Exactly, Did the Police Investigate?
- Considering Alleva
- Sunday Notes
- Catching Up with the Times
- Media Panel Update
- Horrifying
- Ten Questions for Editor Ashley
- Wilson v. Bradley
- Understanding SANE, IV
- Squaring the Semi-Circle
- State v. Lofton
- Seligmann Speaks Out
- Questions and Answers
- Case Narrative
- Sunday News and Notes
- Best of the Case, II
- The Roberts Bombshells
- Sheehan on the PRD
- Campaign Finance Follow-ups
- New Defense Move
- Follow the Money
- Nifong Lashes Out
- Understanding SANE, III
- The N&O's March 25 Dilemma
- The Effects of Corrupted Procedures
- Laughter and Forgetting in Durham
- Ironies
- Clarifying the Record, II
- In Denial
- Justify or Retract
- Professional Protesters
- Joined at the Hip
- Nifong's Professional Creed
- The N&O Does Nifong
- Black Panthers Welcome, Duke Students Not?
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October
(52)
Comments Policy
(1) Comments are moderated, but with the lightest of touches, to exclude only off-topic comments or obviously racist or similar remarks.
(2) My clearing a comment implies neither that I agree nor that I disagree with the comment. My opinion is expressed in my words and my words only. Since this blog has more than 1500 posts, and since I at least occasionally comment myself, the blog provides more than enough material for readers to discern my opinions.
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- "From the Scottsboro Boys to Clarence Gideon, some of the most memorable legal narratives have been tales of the wrongly accused. Now “Until Proven Innocent,” a new book about the false allegations of rape against three Duke lacrosse players, can join these galvanizing cautionary tales . . , Taylor and Johnson have made a gripping contribution to the literature of the wrongly accused. They remind us of the importance of constitutional checks on prosecutorial abuse. And they emphasize the lesson that Duke callously advised its own students to ignore: if you’re unjustly suspected of any crime, immediately call the best lawyer you can afford."--Jeffrey Rosen, New York Times Book Review
Links
Motions and Documents
- Attorney General's Report
- DNA motion
- Lineup motion
- Supplementary lineup motion
- Change of venue motion
- Bar amended complaint/Nifong response
- December 15 hearing
- State Bar v. Nifong
- Brewer removal motion
- Nifong December 28 letter to Bar
- Nifong January 16 letter to Bar
- Group of 88 statement (removed from Duke website)
- Group of 88 membership
- Transcript of relevant sections, April 4 "identification" "procedure"
42 comments:
KC, What time does it begin?
Thanks KC
Look forward to the updates from you. I'm sure any of the reporters there would share their access!
What about the ACLU@Duke panel discussion?
Nifong will hand over 500 pages of documents. Most of them copies of other documents. The Judge will rule on nothing, and this farce will continue.
Dear KC,
Thanks for coming to Duke last night.
I thought you did a great job. I blogged on it here:
http://johninnorthcarolina.blogspot.com/2006/10/kc-johnson-at-duke.html
I'm glad you'll be posting and updating, if possible, on today's hearing. I'll check in.
If you get a chance would you ask some of the attorneys there, including some who may be visiting out of interest and have no direct connection to the case, what thoughts they might have on whether at some point federal authorities might enter the case.
And will you post yourself on that questions sometime soon.
Thanks again for coming to Duke and Durham. And thanks for all you've done for justice in this case.
Have a safe trip home.
John
www.johnincarolina.com
It's great your going to be there today. Too bad all your going to get to witness is more foot dragging by Nifong.
KC, Many thanks for your ongoing interest in this case. Please keep up the excellent research and concise analysis and commentary. This brings you every good wish. And remember, Sic Semper Tyrannus.
Why can't this judge throw out the line up? It was unconstitutional and broke the guidelines of the police department and NC. Why can't this judge just ask Nifong, " Mr. Nifong what else do you have besides this egregiously flawed lineup that the accuser supposedly picked these three, based on the investigators egregiously fake notes on the lineup? Do you have a DNA match? No. Do you have an eyewitness? Oh you have an eyewitness but she says a rape did not occur. Do you have anything Mr. Nifong to have gone to a grand jury to indict or pursue this case? No you do not. You have had 7 months to pull your act toghether and still you have nothing." That is what a judge who is concerned about true justice in his court room should say. That is what a judge who is familiar with the Constitution should say. But don't count on it.
My prayers are with you today Reade, Dave and Colin. The power of prayer is strong, please send out a prayer today for justice for the 3 falsely accused.
But...as you can see from the attached, the bloggers just don't get it...too complex...jeeze...http://media.www.dukechronicle.com/media/storage/paper884/news/2006/10/27/Columns/Duke-Supports.Voter.Registration-2406770.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com
HOLY CRAP.
He has done it again...in case you haven't read this morning's papers, the fongiest has some extra special fong-a-lific quotes on the case in the durham herald snooze:
"Meanwhile, Nifong said Thursday that he continued to stand by the rape case, and he denied he was responsible for polarizing the community.
"This particular case has not divided the community," he said. "It has pointed to divisions that already existed. It is a signal to us that we need to address these underlying divisions."
Nifong would not be specific, but he apparently referred to town-gown issues and racial issues, among others.
The accuser in the rape case is black. The three suspects are white.
"Another prosecutor might make the case go away, but he can't make the underlying issues go away," said Nifong.
The district attorney, who has been a prosecutor in Durham for 27 years and head of his office since April 2005, said he wasn't withering under a storm of adverse criticism about the lacrosse incident.
"It's the difference between character and reputation," he said. "Character is what you are. Reputation is what people say you are. As long as you know who you are, you don't have to worry over what people say about you. ?
"I might be better off if I wasn't DA," Nifong acknowledged. "It certainly would be less stressful. But this is a path I have chosen to take in my life. I'm seeing some of the not-so-fun part of the job right now, but you can't take a job and just do it when it's easy and fun.
GOOD LORD. Now el fonginstein is doing the cross carrying, "this is the path i have chosen for myself," it is my burden to bear, crap? please. this guy is so incredibly in over his head that it is silly. even if you believe the stripper had something terrible happen to her in/around that night - how can you still support this guy? he has made a mockery of the system, has all but ruined any chance she may have of an "id" being admitted in court, and has all but forced her to win a case by herself.
as a lawyer, i simply hate being associated with this man.
And another nice little piece in the ole Chronicle for the pro-justice position:
Duke Supports Voter Registration
better late than never, mr. burness. thanks for the support and explanation (finally)
what thoughts they might have on whether at some point federal authorities might enter the case.
The feds would have entered the town alerady if someone at the airport had stared at a Muslim traveller too long, or if someone dropped a Koran on the floor; and if the KKK had entered town and met with the DA and threatened some defendants who were the object of their racial scorn, Gonzales would be in Durham holding a presser.
"Equal justice for all" is not the motto of the Justice Dept.
Have to agree with 9:44, it's all a big conspiracy against white people.
It's kind of late for Duke to support voter registration considering the deadline to register is long gone.
Just came across your blog as the result of an article in the NY Sun.
Couldn't agree with you more. The mainstream media have lynched the lacrosse players (eg. accusations were front page stories in the NY Times; exculpating info buried) along with Duke sychophant academics.
Need more people to get informed, stand up and speak out.
This is another battle in the culture war, which cannot be lost.
Keep up the great work.
10:52 poster
That was my thought too. Why speak out about this issue AFTER the voter registration deadline?
wts:
i hope you are only attempting to be funny. the "editorial" in the chronicle is a nice little piece of college journalism. there is absolutely nothing really wrong with it - of course there isn't, there is so little said. the crack editorial staff are simply stating the obvious - at least, to anyone with a reasonable head on their shoulders. no - no one should fall into the trap of thinking that any serious issues in life are really as simple as "black-white" or "good-bad". no - bloggers are not immune from lesser quality contributors and hidden agendas...JUST like the msm. THIS is what the Chronicle chose to pen an editorial about? STOP THE PRESSES.
like i said - the article is not bad, but certainly contains nothing of substance. so, some bloggers are diligent, investigative and informed; others - not much better than your average joe next to the water cooler. of course, i don't know which bloggers are the latter. personally, i believe the editorial to be accurate only when speaking about blog "posters" NOT bloggers in general. of the blogs i have read re: the duke situation, i do not know of any which have been of the latter kind (and certainly not kcj, ls, or j-in-c).
one thing this editorial DID accomplish (although unintended) - although it has been much more fair and open-minded than most msm, the chronicle is STILL THE msm on campus; and, just like its counterparts in the big (i.e., real) world, it doesn't like being scooped or shown to be less than it thinks. thus, as it showed here - it is just as prone to envy and jealousy.
The Federal Department Of Justice is not doing their job. The FBI is not doing their job. Why should I pay my taxes to the IRS when the two of the agencies that are supposed to protect the constitutional rights of each and every citizen in this country is not doing what it is supposed to do?
To 11:06 poster. Why indeed? Well, since registration has passed and gone, he probably feels safe saying Duke supports the right to vote. After all, he can't influence any more students to go out and register by saying that.
"Another prosecutor might make the case go away, but he can't make the underlying issues go away," said Nifong.
What issues is he talking about here?
This is just totally ludicrous.
Is he saying now he wants to take three men on trial because of underlying issues?
And not based on any evidence?
It boggles the mind.
KC, What time does it begin?
We still don't know this. Can somebody answer this?
still in denial.
http://www.newsobserver.com/1185/story/503439.html
She sure didn't look traumatized doing her poll dance 2 weeks after the party. I guess her "trauma" comes and goes.
Learned Hand, thank you for posting the link to the guest column by John Burness in the October 27 issue of The Chronicle. I guess that finally shows once and for all that all of the nonsense put out by Professor Johnson and his audience on this web site to the effect that Brodhead and the Duke Administration were engaged in an evil conspiracy to deprive Duke students of their constitutional right to vote was totally and completely false, as anybody with a brain cell working would have known even before the guest column was published.
to 11:23 AM. It has begun. See
newsobserver.com for what Nifong had to say.
Nifong had some incredible comments at hearing. Go to newsobserver.com
11:41 AM Anonymous
I hope you are being sarcastic.
If not, as others point out above, where was Burness when this statement would have done some good (i.e. before voter registration closed)?
In other news, Burness says to the New Black Panthers "Come on Down!"
It's funny to hear Burness use the "partisan" excuse when Monks was allowed to distribute campaign literature outside the game at a tailgate party and inside the stadium during the same game. How a voter registration drive was "partisan" but a candidate campaigning was not is amazing.
to locomotive breath from 1141 am. No sarcasm intended. Only try to update hearing where Nifong made an amazing statement.
There are two 11:41 posts. Locomotive Breath obviously meant that other one.
Locomotive breath, I guess we have to decide which of the following is the more likely explanation of why DSED was not allowed to set up its voter registration table at the football game: either (1) the decision was made by Brodhead and other high level officials of the Duke Administration who were engaged in an evil and unlawful conspiracy to prevent students from exercising their constitutional right to vote, though for reasons which are not apparent, they nevertheless allowed DSED to conduct voter registration activities all over the Duke campus for several weeks, including holding a big BBQ / voter registration event on West Campus, or (2) the decision was made by a low level official in the athletics department based upon a misunderstanding of university policy. Now which of those do you think is the more likely explanation?
To 12:40, based on senior administration behavior throughout the LAX debacle, I would choose, A.; Adding that intent was not to "be evil" but rather that screwing students out of the right to register voters in the stadium was yet another ham handed public relations mistake, meant, just as Mr. P.R. Ace Burness said, to prevent Duke from sending a "partisan" message. I believe this crisis has exposed much of Duke administration to be not so high caliber as might be reasonably expected, and they've trucked along day to day doing okay (former big crises being putting a gay/lesbian space on campus; the death of the student who literally fell under the bus about a decade ago) but nothing really in the spotlight with such treacherous crosscurrents until they actually had to deal with a real crisis: the insane Nifong savaging our own students. And they folded immediately. Duke Admin across the board have failed miserably and the registration blunder is just one more example of how incompetent they are. Broadhead and Burness most certainly have got to go. Sic Semper Tyrannus
Duke is playing a game it isn't even good at rather than trying to operate from principle. If our people in the Allen Building can't handle the fascist pot banging rabble, a handful of corrupt yokel cops, and an apparently mentally ill district attorney whose only community connections are putting the fix in for his kid's little league play and sitting on the dogcatcher committee and whose eyes start spinning in opposite directions as he foams at the mouth whenever defense counsel would bring up a point of law, they need to get jobs they can handle-- any suggestions? Sic Semper Tyrannus
1:26 PM, I knew you were going to say that, so now we have to resolve the following question: are you (1) a complete moron, or (2) just totally lacking in objectivity?
To poster 3:13: I love it when you say, "I knew you were going to say that! and, "Are you a moron or just stupid?" A trap! You must have been captain of the debate team. Well, play it as it lays, dissembler. You're up to your neck in manure due to your own moral cowardice, but haven't noticed the smell yet. But don't worry about it-- Richard the Rat Broadhead still thinks you're doing a fine job. Can't wait to see him on the way to his new job. Free the Duke Three, Disbar and Imprison Nifong, and help the Despicable 88 find their true calling as DMV clerks. Sic Semper Tyrannus
Who is this Duke administration syncophant that repeatedly shows up on this blog to defend the Duke administration. It seems that this is all he/she cares about. He/she obviously doesn't care about the issue of justice for the wrongly accused and the massive procedural and ethical abuses that allow this case to continue.
This person writes in his comments defending Duke administration on a day when important issues in the case are happening. Who cares about Burness. I care about these kids, and yes I am an almunus and I have done a hell of a lot more for these kids than this jerk that continually writes in to attack KC and defend the indefensible. This Troll needs to just admit that he blames these kids for hiring a stripper and having a party for bringing "shame" on Duke. He cares more about his beloved Duke degree than innocent kids, and would throw them under the bus just like the Duke administration.
I think I know who this troll is. I have seen his writings on DBR where many Duke administration syncophants reside.
Newport,
The word is sycophant. If you are going to use a three syllable word to insult someone, maybe you should look it up in the dictionary first. Otherwise, just stick with your usual one syllable insults, like jerk and troll. They are more consistent with you IQ level.
I believe Newport's typographical errors are just that; however your usage of the phrase "you IQ level," well now, that would be Despicable 88-sympathetic Ebonics at work, would it not? Deconstructing the English language, deconstructing Judeo-Christian ethics, removing Northern European influences, such as the Magna Carta from current American society-- all in a day's work for the busy Duke Humanities scholar. Are you one of them, or a flunky enabler? The latter, I would suppose, judging from your total inability to mount any sort of cogent argument whatsoever. Your man, Broadhead is a mealy-mouthed mediocre bureaucrat-- definitely not presidential material. Sic Semper Tyrannus
9:51 PM, don't you ever get tired of listening to your own pseudo intellectual bullshit?
How do you know what my usual insults are Troll? When have I ever insulted you before? Usually, I ignore your tripe because, quite frankly, it's not worth responding to. It's pretty funny that you seize on a spelling error in my post to claim you have some claim to intellectual superiority and then talk about "you IQ." What a fool! I'll put my IQ up against yours any day. PM me (you know where to find me) and we'll compare IQ's. Dare to compare!
KC's prose is second to none.
There's no shortage of scholarly people out there; KC separates himself by his ability and instincts to adroitly identify Nifong's strategy and motives.
It is a thing of beauty to read KC's dismantling of the Nifong gang.
Thank you.
Newport: Don't waste your time with the tripe and pointless banter from the college kid. The only cure for him is about 20 years in the real world - what he may term - hard time.
Newport,
You really make me laugh. You are quick to insult others and quick to take offense when others insult you, a classic sign of insecurity. I am not going to compare my IQ to yours because I do not want to do any further damage to your self image, fool.
I thought the editorial in The Chronicle on October 27 stating that bloggers get the point but miss the complexity was very astute. Many of the articles and posts that I see on this web site reflect a biased view of events in which people pretend that the LAX players are a bunch of innocent choir boys while blaming everyone else under the sun for the mess they got themselves into through their irresponsible behavior. As the father of a Duke student, I am especially offended by the incessant attacks that the LAX team parents and their supporters have directed against President Brodhead and the Duke Administration for not being aggressive in leading the charge on behalf of their sons. Obviously, I am not alone in feeling this way as several other posters have made similar comments. The LAX players put Brodhead in an impossible situation as a result of their decision to hold a party that violated university policy and the laws of North Carolina. The idea that Brodhead owes the players an apology is just laughable and provides one more great example of the kind of twisted reasoning that permeates this web site. Fortunately, it appears that the editors of The Chronicle are smart enough and objective enough to see through this nonsense.
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