Friday, December 22, 2006

The Beginning of the End

There is absolutely no justification for any continued allegations against any of the players; I suspect this is the beginning of the end for the case against them--and the beginning of the ethical and perhaps legal case against Nifong.

For more, see the N&O.

94 comments:

Anonymous said...

KUDOS K.C.

Anonymous said...

Another Nifong story. He believes a woman can be raped but not remember it!

Nolikeyhubby said...

KC,

Thank you for your coverage of this issue. It simply amazes me how one man, with limited resources, could do what two major news outlets could not - parley truth into an easily digestible form.

Anonymous said...

The rape story goes to creditblity, They can still ask her about it in Feb. But the other charges will be dropped by the end of the year. Too many people "ggod ole boys" will tell Nifong end this joke.

Anonymous said...

To be charitable to the DA's case the largest window in time for a kidnaping is ten minutes. How do you prosecute a ten minute kidnapping?

Anonymous said...

DR BRODHEAD, we're waiting!

Anonymous said...

I, too, wonder what case remains with a "victim" who has proven herself a completely unreliable witness.

Anonymous said...

An anon made this comment in the prior post, but I think it does deserve consideration:

This makes you wonder if the accuser told "investigators" that she wasn't certain about being raped yesterday, or if this occurred last spring and the DisgrAce decided to withhold this information also for his own gain.

How convinient that she made this revelation the day before the slowest press coverage weekend of the year!

What a DisgrAce

Anonymous said...

The criminals have ALWAYS been the DA and his "investigators" (I'm assuming the stripper/prostitute is just nuts). Too bad there's not another DA in North Carolina with the nerve to arrest the clowns in Durham for false prosecution!

Anonymous said...

CNN said they will carry the defenses' press conference at 3:00 PM

Brodhead where are you? It will be interesting to see how much he weasel words his reaction and starts the spin. Will he remain despicable? Unfortunately the answer is most likely.

Nifong is a lost soul.

Anonymous said...

KC, I hope that you are right but this still troubles me because the dismissal (court document available on www.newsobserver.com) notes that this is because there is insufficient evidence. Further, in the explanation it is more an issue of definition - "she can not testify at this time with certainty that a penis was the body part that penetrated her vagina". So she still is claiming that she was penetrated but can not be sure that it was with a penis.

I suspect that he finaly realizes that a rape conviction is not possible but now he is going to try to save face and "prove" lesser charges. I am concerned that a potential jury (if a trial happens and especially if is not moved) will be likely to accept the lesser charges.

I am not a lawyer and would love to hear from individuals with legal experience on this issue.

Anonymous said...

My theory: These charges remain because Nifong will hope to get them to plea down to a misdemeanor or civil forfeiture. Then he'll think that he's completely off the hook...back to business as usual.

Anonymous said...

Next question, when does round two start - the civil lawsuits?

Brodhead will you give full scholarships including graduate and professional schools to all three and to their families say, forever?

Anonymous said...

The lawyers on tv are laughing that Nifong is going on with the other charges.

Anonymous said...

You-Tube Video: Duke Lacrosse - LAST STAND
Willie Nelson song
http://www.youtube.com/watch?v=OFVvCpgH4CQ&mode=related&search=


You-Tube Video: SNL Nancy Grace - Duke Lacrosse
Holiday Message from Nancy Grace.
http://www.youtube.com/watch?v=YycOd4dJd40&mode=related&search=

Anonymous said...

so...has precious given yet another version of what happened err a 'clarification'.

It's nice for the guys (especially with the season where everyone else seems to be happy) but I will be satisfied only when all charges are dismissed.

Anonymous said...

To 2:22,
I think on one hand you may have the right idea here...but on the other, whatever the false accuser says on the stand will so lack credibility after this that it will be laughable....the judge would have to end this almost as soon as it starts.

Serioulsy...she described in detail how she was assaulted vaginally, orally, and anally....and now she is not sure it happened.

It is so clear at this point that all the charges are flat out bogus. For Nifong to proceed now tells me he is a much bigger idiot and criminal than I had imagined before.

Anonymous said...

According to SI.com:

Nifong did not immediately return calls seeking comment Friday, and a sign posted on his office door read, "No media, please!"
---------------------------------
Why isn't Nifong eager to talk to the media now (considering he conducted over 50 interviews at the beginning of this witch hunt)?? He could even act out how a rape can take place without a "male sexual organ" as he did with the excellent choke-hold demonstration.

Justice will not be served when these charges are completely dismissed, but only when the DisgrAce is held accountable for his actions.

Anonymous said...

I posted this on the next string down, but it is more apropos of this string:

CGM is going to be pissed that Nutfong didn't drop the whole thing and she's still going to have to testify at the 2/5 hearing and still be subject to the same withering cross-exam regarding why she said x then and is saying y now.

Nutfong still wants a conviction or hung jury on something.

A half a loaf Christmas present to the families but better than a lump of coal. Nutfong is on the run.

Anonymous said...

Can the FA be itentified. now that the rape charges are droped?

Anonymous said...

Folks there's a break in the line but the battle continues. The standard of proof has just been lowered to a kidnap - takes only 1 minute and no physical evidence. A he said - she said, a Durham jury won't have any problem convicting.

Anonymous said...

Yea, yea, duke09. What do you know?
Stop repeating yourself.

Anonymous said...

So let me get the chronology straight:

1. It's publicly revealed that there is no DNA evidence of rape (and, indeed, that such DNA evidence that exists is related to different men than the accused).

2. The accuser then spontaneously (and coincidentally) changes her story. Now, she is not sure that she was raped.

3. This change is revealed during the first interview between Nifong's people and the accused since April.

4. Now, Nifong's people declare their case is stronger than ever! The lack of DNA evidence, while fatal to their rape story line, actually supports their sexual assault and kidnapping story line!

Plan A was to change the evidence to fit the crime. When Plan A failed, they just moved to Plan B -- change the crime to fit the evidence!

Anonymous said...

I don't think this is the beginning of the end. I think Nifong MUST go forward. He will put the false accuser on the stand and she will have to make it up as necessary. Based on the dismissal, I think the FA continues to claim some sort of handling by the LAX players. I think she doesn't know what to do. Boy, does she need a lawyer. If she is still claiming something, Nifong can cover himself somewhat. He desparately needs her to continue to claim somehting. This can and IMO will go on for some time.

Anonymous said...

Oh, BTW, the next step will be Nifong asking for the Feb. Hearing to be postponed because "Precious" is pregnant.

Mark my words.

-Esquire-
-Maryland-

Anonymous said...

ok - so she's not sure if she spit ______ onto the bathroom floor !

Whooooah - No credibility - period.

What is Nifng hoping for ?

Anonymous said...

Nifong knows his jury. It doesn't need facts only her word to prove a kidnaping.

Anonymous said...

The kidnapping and sexual assault charges always were ancillary charges that were added to the main one just to try to add time onto a sentence if there had been a rape conviction. The idea would have been that if there were a rape, the defendants automatically would have committed offenses # 2, and 3.

However, without the first charge, the second become much, much more difficult to prove. Nifong is trying to weasel out of this, but this never will come to trial, believe me. He has given the judge all he needs to drop all charges.

This does not get Nifong off the hook, as he knew in April, given the information, that the thing was a hoax, but he went on. His claim that CGM just changed his story is a convenient thing. After all, the information that supposedly led investigators to re-question CGM was known in April, so we all know what really has happened.

Anonymous said...

I think that Nifong may be playing one last gambit. By leaving some charges open, the accuser has to testify or totally recant, whereupon she'll be found out as a liar. With the DNA evidence already discredited, look for Nifong to claim that he was only doing his duty and was the victim of an out of control DNA lab and an erratic accuser. He can then also throw the cops to the wolves. Any protests can be met by pointing to the enthusiastic mobs, which include the local media outlets, the NAACP and the University itself. All of these 'demanded' that he act. Look for him to then resign. After all, everyone involved has deeper pockets than him.

Anonymous said...

2:43
Don't forget about the line up. Nifong ordered the cops to change it. He was not covered by immunity because noone was charged at the time. He can still be sued.

Anonymous said...

Great blog KC, you're another one of the unsung heros of this case by keeping the public informed of this joke of justice. Keep up the great work.

Anonymous said...

Poster 2:42 has nailed it.

"Nifong knows his jury".

That gross human being will do anything to get this case to a jury of Durham racists salivating for some white boy meat.

If someone has had enough and just blew this Nifong dog away, it would be a plus for the planet. I don't think I have ever run into such a dog ass like this Nifong.

Get rid of him. We must keep the heat on!

Anonymous said...

Isn't the "interview" that took place yesterday something subject to notes -- or recordings -- and isn't this discoverable by the defense? Be interesting to see how this turns out.

John Bruce

Anonymous said...

2:22 anonymous wanted to know what lawyers think about this. My take as a lawyer. After reading the various motions, I didn't think the prosecutor had a snowballs chance in hell of getting a conviction before this latest news. With this news, it is all over.
I've seen juries frequently return acquittals on cases that turned on the credibility of the victim versus the defendant even with a good prosecuting witness and good physical evidence. Juries are reluctant to convict on "he said, she said" evidence. Proof beyond a reasonable doubt is a high standard. This case doesn't have a shred of credible evidence supporting conviction and actually has compelling evidence of innocence.
All judges I know would have alot to say (none of it good) to any prosecutor who brought a case like this to court even without the egregious misconduct documented in this case. This case is an extreme outlier in my view. I've never seen nor heard anything like it in the twenty-two years since i graduated from law school.

HTL said...

It is not over until Nifong is in jail.

Anonymous said...

"Lack of DNA evidence proves that the defendents used a foreign object. How else to you explain the lack of DNA?"

And since it's already undisputed that the AV used a foreign object on herself earlier in the day, the defense can't claim that there's no evidence a physical object was used. The case then becomes purely a he-said she-said matter unless the judge throws out the ID.

Nofing will surely lose, but if he survives the ID motion he'll still get the trial he promised the voters.

Anonymous said...

If it is poosible, I am even more outraged now, despite the dropped charges. This whore told a very detailed and vicious lie to the DA. So instead of throwing her ass in jail, he steps up his efforts to nail the boys on kidnapping and assault. This is dead on prosecutorial misconduct to even a higher degree than before...the SOB Nifong NOW 'publicly' KNOWS full well she lied about this whole case...yet he continues the case, not out of a sense of justice--which is a requirement of his job, but just out of plain old revenge on the boys that screwed up his life.

Now more than ever the Feds need to come in here and arrest Nifong...the only shred of evidence that he had was the accusation, which the accuser now recants...yet he is bound and determined to somehow ruin these boys.

What a total dickweed. At one point I would have been satisfied with dropped charges and a reprimand for Nifong. Now I want to see him behind bars in general population.

Anonymous said...

Can precious now be followed around by the press and photographed now that the rape charges are dropped ? If yes . she should get a taste of her own medicine.

HTL said...

There is one hero in this matter and that is Professor Johnson. I hope you receive the recognition you deserve.

Anonymous said...

2:49 anonymous - thanks for your legal perspective to my post from 2:22. I am still just a tad concerned with a potential local jury pool that has people that want to "correct the wrongs of the past". I hope you are right and the judge will step in.

Anonymous said...

Dr. Pinhead is more like it.

Anonymous said...

I would agree with huesofblue at 2:52...but the 'she said' portion of the testiomony would be so lacking in credibility from what she has done here, that I would think Nifong would drop it.

another reason: If this does get to trial, how does Nifong get out of the lie "that she was too traumatized to discuss the case" when in fact she was not raped? I think I count now 4 major instances where he perjured himself in court.

Anonymous said...

to 2:58...you are correct...
Still a valid reason for change ion venue.

Anonymous said...

There is no way this case is going to trial. The pending motion to suppress the identification was already a slam dunk and an amended motion with the latest will make it even stronger.
One of the factors the judge must consider in determining whether the illegal photo line up has corrupted further in-court identification is the victim's opportunity at the crime scene to observe the defendants. If the victim was so "out of it" that she cannot tell whether she was raped, how can she credibly claim to have been able to perceive the perpetrator's identity at the time of the crime. This standing alone might not sink the prosecution, but when read together with all the evidence proferred in the motion it is yet another clincher. If you haven't read the motion to suppress the identification, you really must. You cannot understand the full travesty of this case without comprehending that document.

Anonymous said...

I became interested in this case becauase I recognized in M. Nifong the aura of a true sociopath. They live in a mental landscape that is a long way from normal. That is why they often get away with so much. Psychologically healthy folks are blindsided.
Listen carefully: Mike Nifong did not persecute these boys just because he wanted to be the DA. He wanted to be the DA so he could persecute such innocent boys.
I see parallels with the Hitler story. A guy like Brodhead plays the role of a Neville Chamberlain who ends up facilitating the worst outrages because he just cannot get his mind around the horrible truth of what he is dealing with.
But Churchill got it early on and never doubted that the only cure was complete extirpation of the tumor and then bury it in an un-marked grave.

Bourgeoisophobus said...

Nifong may not actually be so stupid as all that. He probably figures, correctly, that when all this is over he'll make much more money on the lecture circuit than he ever could have as a DA. And the longer he keeps this case in the public eye, the larger his audiences will be down the road.

Anonymous said...

It is my hope that KC Johnson uses his magnificent work not only for a book......but that he incorporates the very sensitive topic of political correctness and the enormous (sometimes unspoken) racial divide in this country.

Sadly, most of the divide seems to be enthusiastically kept alive by the black community for their own gain.

What an horrendous experience for three guys to have to endure.....all because of the bizarre pathologies of Nifong and his enablers.

KC should take some time off and live in the Triangle for a few months for "research"......and walk away with a bombshell of a book.

It would be a social and cultural thriller.

Debrah

Anonymous said...

I'm a lawyer in Durham, and I don't think our jury pool will like an "OJ jury." I think the woman's credibility will give enough jurors the impetus to acquit, if it gets that far.

But, I still think there are so many hurdles--the pending dismissal motions, and Precious's willingness to testify come trial time. She' already gone underground now, she'll be completely unfindable on trial date.

Anonymous said...

To a lawyer
Can someone be kidnapped from one side of the room to the other?

Anonymous said...

Bourgeoisophobus

They don't have a lecture circuit in Butner, NC. No that's not a dirty joke and I'll wait while you look it up.

Anonymous said...

I just picked this up from SI.com - a comment by Lester Munson, SI's "legal expert". How the hell did he get this idea?

"Munson: They still face some serious charges. There is little doubt that something unsavory happened at the party on March 13. After the dismissal of the rape charges, it will be easier for the accused players to attempt to settle everything with a guilty plea on lesser charges. The likelihood of a trial on any of these charges is now greatly reduced."

Richard said...

It is perfectly obvious what Nifong is doing by not dismissing all of the charges. He is holding the three Duke Lacrosse players hostage in an attempt to prevent their lawyers from filing criminal and civil charges against him. Nifong knows that it much easier to convict the Duke Lacrosse players of sexual assault because DNA evidence is not needed. He is hoping that by holding these remaining charges over their heads they will be amenable to a quid pro quo of Nifong dropping all charges if they do not pursue a criminal or civil case against him. This is a last desperate act on the part of this evil and despicable person to save his own hide. May he get the justice that he tried to deny to the Duke Lacrosse players.

Anonymous said...

You-Tube Video: SNL Nancy Grace - Duke Lacrosse
Holiday Message from Nancy Grace.
http://www.youtube.com/watch?v=YycOd4dJd40&mode=related&search=


You-Tube Video: Duke Lacrosse - LAST STAND
Willie Nelson song
http://www.youtube.com/watch?v=OFVvCpgH4CQ&mode=related&search=

Bourgeoisophobus said...

locomotive breath --

Well, one hopes that's where he's going, but I fear he may get off with a hand slap.

Anonymous said...

Dear KC ..Bravo Great Coverage and a good result that must get BETTER.

It is really showing Ninfong is trying to fit the boys up.

Please...WHEN CANTHEY GO AFTER THE DA(NIFONG)???????????

MIGHT WE SEE THE US AG NOW GET INVOLVED WITH AN INVESTIGATION????

The rat got very smelly today?

TS

Anonymous said...

To a lawyer
What is the charge for false accusation of rape?

Anonymous said...

think nifong is trying to protect precious from felony charges

KC, as an historian think u should start posting on the appropriate punishment for the precious porker

Anonymous said...

4:06 In durham the punishment is a fine and commenity serice. Nothing more than that.

Did anyone else hear the new story she gave now that is seven or is it eight now?

Anonymous said...

These latest developments are truly unbelievable. By dismissing the rape charges while leaving the others, Nifong is evidently bound and determined to prosecute demonstrably innocent people, apparently out of spite, since there is no cogent reason for him to persist in this prosecution. This case continues to gain in infamy, and will undoubtedly be remembered centuries hence as the most notoriously abusive prosecution in the history of the United States. The only conceivable “justice” that could possibly come out of this whole sordid mess would be for Mike Nifong to be publicly cast down to spend the rest of his miserable life in prison. Anything less would be a travesty.

To look into this soul-less apparatchik’s eyes is to gaze into the evil heart of Stalinist tyranny. It was petty bureaucrats like Nifong who sent innocents by the untold millions to their deaths in the Gulag. For that matter, he could just as easily have filled the shoes of Roland Freisler, who, as President of the People’s Court in Nazi Germany, transfomed the rule of law into an agency of state terror. For the sake of the republic, this man and his evil must be utterly destroyed.

-- SteveDinMD

Anonymous said...

nifong has to be fired immediately--

where r the feds?

the low iq porker liar has to be indicted ASAP

NEWS FLASH: the AAAS department at duke has seceded: it will heretofore be referred to as OJ Community College (OJCC)

jc

Anonymous said...

Juan Williams of NPR was just on Fox. Amazing comments. Believes that the public unfairly rallied against the defendants initially, but now the pendulum has swung back. The public is now rallying unfairly against the accuser, he thinks. He even went so far as to say he was not sure the defendants weren't lying and expressed his deepest sympathy for what everyone involved in the case has been through--the accuser just as much as the defendants. Good GRIEF! There is a lot of educating left to be done. His interview along with the letter from Houston Baker published by Michael Gaynor today pretty much sapped and zapped any sense of relief I had from the dropping of the rape charge.

As always, thank you KC Johnson, for your incredible diligence in bringing the details to our attention.

Also, was Brad Bannon the young lawyer on the right at the news conference?

Observer

Anonymous said...

Steven D:

Your analogy to Stalinist tyranny is spot on.

Anonymous said...

One thing the accuser has always been consistent about is that a penis was used to penetrate her in several ways over a long period of time. Now she recants. What Micheal Cornnchia(sp) on Court TV just said was that the penalty is the same as rape and since the accuser has been discreditied the DA should have thrown the whole case out. Dropping the rape charges may or may not help Nifong because he no longer needs the DNA to convict. Bottom line is that if Nifong can still get a conviction the men could serve a long sentence. However the credibility of the DA is shot, especially since he tried to railroad these men knowing that the DNA did not match several months ago. What I can not understand is why the judge remains silent about fong's conduct - can any attorney explain this to me ? Would the judge allow the defense to perpetrate this type of fraud ? Why is this fraud being allowed to continue ?

Orange Lazarus

Anonymous said...

to .4.26 Yes Brad was to the right of Cheshire.

Will the US Attorney General get involved NOW??????

IF not, all hope is lost for justice in NC and USA .

The DA is one of the most SPITEFULL SOB's NC has ever produced ...PLEASE G** the DA has to be sent to PRISON for his evil.

Anonymous said...

I saw a quote from one of the defense lawyers in the NY Times piece linked by Instapundit - money quote:
-----
He said that the remaining charges of first degree kidnapping and first degree sexual offense carry the same penalties the men would have faced under the rape charges, up to 24 years in prison.
-----
That's just foul.

I haven't been keeping up on this as much as others, but I've been extraordinarily unimpressed by the university's handling of the situation. Seems like Duke could start by covering these guys' legal bills and tuition, as a start. But that's probably not going to happen.

Anonymous said...

Orange Lazarus,
The fact is our justice system is not really set up for the possiblity of this sort of rogue prosecution, despite our constitutional protections. As you can tell from what is happening, there is no easily triggered mechanism to yank the prosecutor regardless of his blatant conduct. Our system is SLOW and deliberate--eventually the just thing will surely be done--crimes committed in plain view of the world cannot go unpunished. But it is agony to see this continue for those of us watching closely.

Ob

Anonymous said...

She still said that she was anally raped and force to give oral sex. The DNA still saids no. And now she has another (7th?) story to explain.

Anonymous said...

Thanks Pres. Broadhead for the reasonable things you said today ONLY 9 MONTHS AFTER THIS STARTED. I'm sorry that you couldn't have shown backbone earlier. As Nifong should go, so should you.

Your resignation, please sir.

WINDBAG.

Anonymous said...

Dick Brodhead crawled out of his cave!!! (http://www.newsobserver.com/1185/story/524340.html):

“I am greatly relieved for the students and their families that the most serious of the charges has been dropped. Given the certainty with which the district attorney made his many public statements regarding the rape allegation, his decision today to drop that charge must call into question the validity of the remaining charges. The district attorney should now put this case in the hands of an independent party, who can restore confidence in the fairness of the process. Further, Mr. Nifong has an obligation to explain to all of us his conduct in this matter.”

Oh really - did he grow a set of gonads or is he just covering his butt now?

Anonymous said...

Addressing the comment:

"The fact is our justice system is not really set up for the possiblity of this sort of rogue prosecution, despite our constitutional protections."

Any kind of social institution must operate on the basis of some trust, whether it is the family, the goings on of the marketplace, churches, and the courts. Most institutions have mechanisms by which one can do some verification, but the courts really do depend upon the honesty of the prosecutors and judges.

The system is set up on the basis that all prosecutors are wholly honest and never lie. We have seen firsthand just how much of a sick joke that canard really is. Nifong is hardly the only one in the prosecutorial system who lies, but he is the biggest liar today.

Anonymous said...

DA Nifong and Mr. Broadhead:

All white people owe you a deep debt of gratitude for the lesson you have given us in muticultural understanding, diversity and the women's movement.

First, we know that blacks care nothing about justice or civil rights. The "civil rights" organizations have been unmasked and their agenda has been made clear. they do not seek equality, but discrimination for their own.

Second, as for the multicultural/deconstructionist garbage, please deconstruct this situation. first she was raped, and then wasn't raped and then raped again by 20 guys then no five guys and then she wasn't raped again and then she raped by three people. and now she wasn't raped. you can deconstruct it. i'll analyze it - its a lie.

And as for the "women unite, take back the night." well, F!@# YOU!!! You will never be believed again.

Thanks for the lesson in diversity. It won't be forgotten.

WINDBAG

Anonymous said...

Major issue in this case (I'm the NC lawyer from above) is not ability or requirement that grand jury testimony be transcribed, and a record made in that proceeding (from which the indictments come).

The DA can spin tales, and tell the jury to assume that the sky is green, and that elephants dance on the heads of pins, and they'll pretty much do whatever he says. No defendant or defense counsel is present.

NC has a problem in this regard that needs to be cleaned up.

Anonymous said...

I just have to say, the fact Mr. Nifong is sitting in his office all day with paper over the windows and a sign that says "No Media" on the door, is pretty rich.

Ob

Anonymous said...

any data on which racial groups r most likely to file false charges?

bet it's blacks and hipanics--they own the franchise on rape

Anonymous said...

It is perfectly obvious what Nifong is doing by not dismissing all of the charges. He is holding the three Duke Lacrosse players hostage in an attempt to prevent their lawyers from filing criminal and civil charges against him. Richard said:
"Nifong knows that it much easier to convict the Duke Lacrosse players of sexual assault because DNA evidence is not needed. He is hoping that by holding these remaining charges over their heads they will be amenable to a quid pro quo of Nifong dropping all charges if they do not pursue a criminal or civil case against him."
Such a quid pro quo is illegal and would be grounds for disbarment. No ethical defense counsel would participate in such a deal and have no reason to believe that defense counsel are unethical.

Anonymous said...

From 5:10pm - "The DA can spin tales, and tell the jury to assume that the sky is green, and that elephants dance on the heads of pins, and they'll pretty much do whatever he says. No defendant or defense counsel is present."


Question - Is it common practice for the GJ proceedings to be transcribed in NC ? If the defense can show prosecutorial misconduct can they get the judge let them see the GJ transcripts to prove that the DA lied or misled the GJ concerning the DNA evidence? If so, does the DA lose his insulation from civil suit if he lied or misled the GJ to obtain an indictment ?

Orange Lazarus

Anonymous said...

Where is the DOJ? This is one of the clearest cases of civil rights violations we might ever see.

Attorney General Gonzales: Launch the investigation and impanel the grand jury now! Nifong is a criminal.

Anonymous said...

"To a lawyer
Can someone be kidnapped from one side of the room to the other?"

I dunno about NC law, but in AZ the answer is yes. In fact, a person can be kidnapped without moving an inch, since the statutes define kidnapping as forcing a person to go, or to remain, somewhere against their will for certain purposes (to commit another crime, get money, etc.). Prosecutors regularly tack it on to a robbery charge if the robber so much as says "stay right there" or "get over there."

Anonymous said...

YUCK !

Does anyone really believe that any decent man who cares about his own hygiene would stick his member in that ugly woman's butt?

That story should have set off alarm bells from the start.

YUCK !

Anonymous said...

Not a lawyer but I think the big thing left is the ID motion. I think the dismissal of the rape charge strengthens the ID motion. The accuser claimed the people that she id'd performed specific sexual acts. One of these was vaginal penetration. The rape charge was dropped because when confronted with the DNA evidence the accuser could not realistically support the claim of vaginal penetration by a penis. Thus, the rape charges were dropped. The same lack of DNA evidence exists for oral sex and ejaculation that she claimed in her ID session specific individuals performed. This lack of DNA evidence calls into questions the validity of her ID's. I think (and hope) the ID's will get tossed even if the case continues forward.

Anonymous said...

6:19

right on, brother

i called it the UGLY DEFENSE

precious b ugly, fat, stupid, and a criminal

precious got it all!

dats my sugar pir

yummy

Krista said...

Why didn't you just post the story KC? Why the 'coy' post? This is huge news for the case right?

Anonymous said...

what's brodhead gonna do about the welfare-sucking 88?

dickie, what u gonna do?
u think if races were reversed, you would not say something?

let Wahneema do what she's genetically capable of doing: working the cash register at wal-mart!

Anonymous said...

I dunno about NC law, but in AZ the answer is yes. In fact, a person can be kidnapped without moving an inch, since the statutes define kidnapping as forcing a person to go, or to remain, somewhere against their will for certain purposes...

Oh, good then if some protester lays down in front of my car, and I can't go around him, is that kidnapping?

Can I use a gun to violently resist this kidnapping?

Or is there an extra-special exception for people who don't shower?

Richard said...

Anonymous 5:43

Of course it is illegal and the defense lawyers would never agree to it. I never implied that they would. My point was that Mike Nifong did it out of desperation. Anyone who would suppress exculpatory evidence in violation of the constitution would not have any second thoughts about attempt to hold the students hostage.

Anonymous said...

I knew about the No media please sign> Is this true that Nifong taped paper on his windows? WOW

Anonymous said...

Everyone knows she was raped but Nifong is a racists and he was afaraid she might accuse him nifong had two witnesses but they were too drunk to remembers

Anonymous said...

Ok, now that the boys are almost free of this gross injustice, it's time to turn our attention to:

1) the other prosecutors in Nifong's office. Either they resign en masse or we expose them. NO JUSTICE, NO PEACE!

2) the Gang of 88. Either they resign en masse or we expose them for the pseudo-intellectual charlatans that they are. (Rumor has it that some of the big guns of the academic blogging world are about to unleash a major assault on these frauds.)

3) Broadbend. Either he resigns or we expose him publicly for the intellectual lightweight and moral coward that he is.

Anonymous said...

go sword

jc

Anonymous said...

There are NO transcriptions of proceedsings made in a grand jury hearing. NONE.

We in NC are apparently in the minority on this issue. For good reason, most states want a record of what's said before the G.J.

Prosecutorial power is too great to allow this to continue here.

Anonymous said...

Why aren't all the self-proclaimed "civil rights activists" demanding an end to Nifong's blatant violations of the civil rights of the young men he is so relentlessly persecuting? The answer is that "civil rights activists" are nothing more than hypocrites and bigots.

Anonymous said...

Once the three innocent men are out of custody, can they sue the company that employed this stripper? I read somewhere that Nifong can't be sued.

Anonymous said...

I am a retired attorney who spent 26 years of my professional life as a prosecutor. I am almost left speechless by this "rape", now "kidnapping" case. Though I usually take what the news media and the blogosphere says about pending criminal cases with a grain of salt, since the evidence at trial often clarifies and even refutes many pre-trial speculations, I cannot imagine that happening in this case. It appears to me as though the prosecutor, Mr. Nifong, charged this case in a cynical (and successful) attempt to secure the African-American vote in his bid for re-electon, and now, having a tiger by the tail, he cannot afford to let go.

In 26 years I never saw a case this bad for the State. There is virtually NO RRELIABLE EVIDENCE! It never should have been charged.
Nifong doesn't even have the benefit of saying that he believed the victim since he NEVER interviewed her.

I hope, that after these defendants are exhonerated, as they will be, that they complain to the North Carolina Attorney Disciplinary Commission (or whatever it is called there). This man should not be practicing law!

Anonymous said...

Hey isn't Nc the home of the TarHeels?

Send Nifong on a one way trip outta state with an up close history lesson as to where the name tar heels comes from!

******************

I'm beginning to now think that DA's, county attorneys or whatever name they go by, need to be removed from the election pool.

Appoint them like judges, then let the citizens throw them out if desired/earned.

Oh and biggest change, MAKE THEM RESPONSIBLE FOR ACTS LIKE THIS ONE! wholly responsible and subject to all sorts of both criminal and civil liabilities!