Another example, from today's LA Times, from Roger Koppl, director of the Institute for Forensic Science Administration at Fairleigh Dickinson University:
The private forensics lab hired to perform DNA tests in the Duke rape case withheld evidence that exculpated the accused rapists. How could this happen? During the testimony in which this coverup was revealed, lab director Brian Meehan referred to Durham Dist. Atty. Mike Nifong as "my client." Instead of serving the truth, they were serving their "client," the prosecutor's office. Unfortunately, such identification with the "client" is human, all too human. Crime labs should be independent of police and prosecutor, and public defenders should be given greater access to forensic advice and testing. Justice will suffer as long as forensic scientists work for the prosecution rather than the truth.
35 comments:
Nifong shouldn't be disbarred.
He should be caged.
We all know it's a fit up by Nifong and Susan Estrich was so elequent in her observations of the case, wonderful Susan.
Nifong has manipulated and stacked the cards against these unfortunate lads for political gain!
Now the question that begs an answer:
Where the devil are the Federals and Mr Gonzalaz.....are they ever going to arrive and do something about this rougue excuse for a prosecutor?????
Eventually, even Robespierre went to the guillotine!!!!!
TS
Duke legal syllogism
1. Accuser says she has not had sex for a week prior to the alleged attack
2. Lab finds male DNA in and on the alleged victim
3. Such DNA therefore could [must] be from the alleged rapists
Oops, this DNA is not from the lacrosse players. The correct legal response is for a DA to:
A. Drop the case against these lacrosse players and go out to find a DNA match and thus prosecute the real rapists
B. Drop the case against the lacrosse players as a hoax
C. Obfuscate, lie, and bury the evidence
Basically, how can a prosecutor, faced with DNA evidence not matching the accused, not follow it up and try to determine the source. Was the deposit consensual, or was it rape but not by a lacrosse player (as there is evidence that there were non lacrosse players at the party)? How could Nifong just ignore the evidence--unless he was fully aware that the entire story was a hoax, and following this trail would lead to nothing.
All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke
Where oh where are the good men of this country who will stop Mr Mike Nifongs Riot in Durham ?
Unfortunately, one of the biggest problems from Meehan's testimony may be still to come. I'm sure anyone who was imprisoned based on results from Meehan's DNA lab is currently planning an appeal. This corruption of DNA evidence could potentially free criminals who are actually guilty if the DNA evidence is thrown out upon appeal.
Meehan is 1 Irishman who deserves the epithet "hooligan"
from a non-lawyer: In the Friday hearing, the brief filed by the defense states there has not been full disclosure regarding the DNA testing. And Meehan confirmed this in his testimony. Do Meehan and Nifong now have to provide the additional information? Or was this left hanging?
To protect the "DNA industry" the industry will move quickly to crush Meehan.
Otherwise it undermines the all the labs and experts who say they are independent. They need to make a strong example so that they can say on the stand that he was destroyed. And noone will ever make that mistake again.
Interesting reads from a law professor from gwu and sen jones fires another letter to attorney general.
http://www.lincolntribune.com/modules/news/
should have been rep jones
there is problem with copying and pasting the article.
Go to Lincolntribune.com its on the front page
3:14...it shouod be sen.
where is the rest of the NC legislature??
I'm not sure I would hold my breath waiting for Alberto to jump on this one...too much of a political hot potato for him. Plus as a minority, I don't see him having the guts to cross those lines.
"Do Nothing Gonzales" has a few questions coming from the public :
Does he think the beating of a black cook by six off-duty white cops using racial epithets does not warrant a federal look?
Does he think death threats made against defendants by a racist hate group do not warrant a federal look?
Does he think an endlessly delayed trial (no speedy trial rights) is not worthy of a federal look?
Maybe he doesn't.
But go ahead and ask him anyway :
AskDOJ@usdoj.gov
I'd be interested in hearing his responses.
I wrote and have not recieved a reply to date.Possibly to busy reading all the complaints against the Fong?
I agree with your comments Durham has a lot to answer for to the Federalies !!!!
TS
What should be totally embarrasing for the state of NC is the total lack of presence of the Governor and NC AG.
Has anyone considered that maybe the NC Governor has died and perhaps nobody has noticed at this point?
Certain professions, and law and medicine are not among them, move fast to decertify or de-license firms or individuals failing to meet standards.
The forensics profession is trying to move past the major scandal of the FBI lab, and smaller ones where state labs and some private ones have treated the person submitting samples as a valued client and tried to give them what they wanted.
Find something to nail/acquit this guy!
Or, it's a civil suit and if I win by proving the cockroach got in my clients chili I'll double your fee and toss more analysis to you as my tort cases increase.
"OK, the customer is always right."
That mentality is exactly what the forensics profession is trying to get past so - they want to separate the field from answering to more powerful or wealthy FBI agents/police brass/lawyers and make it more independent and objective.
Meehan is the exact opposite of what the industry wants.
Where the devil are the Federals and Mr Gonzalaz.....are they ever going to arrive and do something about this rougue excuse for a prosecutor?????
If they do arrive, they are far more likely to investigate Himan and Gottlieb under the Federal Misconduct Statute than trammel on lawyer's perks. Or the State's internal system for identifying lawyer misconduct and the Bar's perk of correcting lawyers. Or butt up against the "good 'ol boys" network of powerful politican-lawyers and judges in State that instinctively cover for a fellow shyster. Or because they would be dealing with an elected state official who was discharging his duties - and the State executive, Bar, and state judicial review is almost always given 1st crack to use THEIR processes to correct their elected officials/lawyers.
Because of the long-recognized need for prompt Federal involvement to address civil rights abuses by cops, on the other hand, Himan and Gottlieb are far more vulnerable to Feds than lawyers and elected State officials.
I predict any Fed action will go through Himan and Gottlieb and other affected parties at Durham PD. It may also go through Duke if Duke officials or faculty was involved in depriving the students of their civil rights - aware of the warrantless searches, the Duke orders to fully cooperate with PD or have their enrollment status affected, the actions on campus like the wanted poster distributed with Duke admin knowledge that presumed guilt and hindered the accused's right to a fair trial.
If Gottlieb cracks, and he has the most to lose - his job and pension - and implicates Nifong in return for lienency, then the Feds have a witness to conspiracy and can THEN go after co-conspirators involved in the Police Misconduct case whether or not the State of NC is done or not. Meaning Nifong. Possibly others in the DA office.
to 4:07
See the "NC Radio report, 12/19 Brad and Britt" post on liestoppers discussion board.
It refers to Nifong and the governor being good friends.
You don't need DNA to prove a kidnapping, just a witness and a victim. here they are one in the same.
So the AV is lying about the rape? But telling the truth about a kidnapping? Pretty sad reasoning. Take some logic clases at a community colege.
Mr. Nifong will get the DNA stuff tossed,becaus it is conmtaminated. Then he will use the old fashion way just like he said at the start.
the man
NO SEX
NO KIDNAPPING
NO RAPE
JUST ONE LYING SLUT.
Folks, igonore "theman"...he is simply trying to bait. Unfortunately for him, in the battle of wits, he is unarmed.
Chicago writes:
JUST IGNORE THEMAN. All he wants is attention. The guy says the same thing at both liestoppers and here to provoke people. If he is just ignored, he will go away.
More than likely he is the guy who started the site "justice for 2 sistas" and then suddenly decided to "put the site on hiatus." More than likely that is his way of admitting their is no case.
JUST IGNORE THE MAN. DO NOT RESPOND.
"Take some logic clases at a community colege."
"Theman" might want to check into some grammer and spelling classes while he's there.
As KC points out, when a scientist in the DNA area behaves badly the industry responds with condemnation. I think the lawyers of NC and particularly the law professors are shameless for not speaking up on this case. These profs, not just at Duke, but at UNC and other law schools should feel it is their duty to speak out if they are witnessing this sort of renegade prosecution. Maybe the papers just won't print it but besides Coleman, why does no one care?
I dont know how you people here cannot see the guilt writtne all over these guys faces.
I know these guys are guilty because Nifong says they are.
Maybe theman(Class Idiot)is Nifong in a girls dress?
Has this one been posted lately?
It's Time to Be Honest About Duke
Saw it on TJN, it's by a black man:
"The Mo'Kelly Report is an entertainment journal with a political slant. It is meant to inform, infuse and incite meaningful discourse...as well as entertain. For more Mo’Kelly, http://mokellyreport.blogspot.com. Morris W. O'Kelly can be reached at mokellyreport@sbcglobal.net and he welcomes all commentary."
I'm an Ohio lawyer and I take issue with the proposition that lawyers don't police themselves. I think that about 3 or 4 layers get disciplined each week in Ohio. As sad as this is, no other profession, including the medical profession, polices its practitioners to this degree. I know nothing about the North Carolina bar, but I am confident they will clean the Durham's prosecutor's house. They are probably justifiably constrained at this time, because they don't want to contribute to the circus Nifong has been dirtecting.
They are not, as my Southern Ohio friends say, at the nut cuttin' stage.
doesn't anyone realize that Nifong is a lawyer, a grad from UNC, and lawyers don't lie. Therefore if he says the 3 are guilty they are.
To theman:
Dude, you are OK. I've had a very bad weekend (family business), and you have provided some fun for me. We gotta have some good lawyer jokes, too, since these guys now are truth tellers! (Tells the truth whenever the lips are moving.) Have a good one!
http://www.lashawnbarber.com/ I've missed her commentary! She's got a fab op-ed!
You know, serving "the client" wouldn't be such a problem if the client was also serving the truth.
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