Some quick reactions, with more detailed analysis to follow.
1.) This filing is the beginning of the end of Nifong’s career as Durham D.A.
The filing focuses solely on his procedurally improper public statements, which the Bar (correctly) contends violated Rule 3.8(f) of the Code of Professional Responsibility. That provision requires prosecutors to “refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.”
Importantly, the bar complaint also alleges that Nifong’s violations of 3.8(f) were of such magnitude that they ran afoul of Rule 8.4(c) and Rule 8.4(d), which state that prosecutors cannot “engage in conduct involving dishonesty, fraud, deceit or misrepresentation”; or “engage in conduct that is prejudicial to the administration of justice.”
2.) There is no reason to believe that the bar will not take other actions against Nifong.
The bar surely would have to consider filing an ethics complaint against Nifong for his conspiracy with Dr. Brian Meehan to hide the exculpatory evidence; given the recent nature of this revelation, no public filing on this matter could occur at this stage.
Also, the bar would at least have to consider ethics complaints on issues relating to Nifong’s ordering the police to violate their own procedures in the flawed April 4 lineup. Yet it would be unlikely that a complaint would be filed as long as the matter is pending before Judge Smith.
3.) The bar dismisses Nifong’s canard that Rule 3.8(f) applied only once he had obtained charges against Reade Seligmann and Collin Finnerty.
First, the complaint notes that many of Nifong’s procedurally improper statements occurred after charges were filed.
Second, the complaint correctly reasons that nothing in the wording of Rule 3.8(f) suggests that it applies only after indictments have been obtained, rather than (as occurred here) once suspects have been identified.
4.) The 17-page complaint—the ethics equivalent of an indictment—is detailed.
The bar contends that Nifong’s improper statements affected the proper administration of justice in at least six ways:
Improper commentary on the lacrosse players’ invocation of their constitutional rights;
Improper commentary on the evidence to be presented in the case;
Improper commentary about the guilt of the accused;
Improperly using hypothetical comments to explain away the existence of exculpatory evidence;
Improper commentary about the “character, credibility, and reputation of the accused”;
Improperly making statements that heightened public condemnation of the accused.
5.) One set of these violations was worse than all the others.
“Nifong engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation” in his speculation that a condom might have been used, when he knew or should have known that the accuser had explicitly stated that her alleged assailants did not use condoms.
6.) It’s hard to see how Nifong can remain on the case when he is a defendant on ethics charges growing out of his conduct in the case.
from a non-lawyer: It is hard to imagine Nifong stepping aside from the Duke case voluntarily. So who will push him over the side? the current judge? And if another prosecutor is appointed, even getting up to speed takes time. So could these young men still be left hanging out there for months or will the Duke case be over quickly?
ReplyDeleteIn North Carolina you can withhold evidence in a capital case and you only get a letter of reprimand. Nifong did far less but when your Defendants are rich with high profile lawyers, Nifong will be judged more harshly which is not fair. The only thing he has going for him is a black community who does not have the courage to attack the victims lies simply because of her race and their disdain for Duke.
ReplyDeleteThe whole legal system in NC is a joke and Im often ashamed to be a member of the State Bar in NC.
Nifong painted himself into a corner. what a dumb ass! he made these statements which can be verifed. His own discovery shows the statements are not true. Game over but plenty more to come against Nifong. Wait until the civil suit begins. Duke U., Group of 88 are sweating bullets. Time to pay the piper.
ReplyDeleteKC: could you post the complaint itself? Thanks.
ReplyDeleteFinally, the justice system is beginning to work. Let us hope it works fast and well. These are the days we have all been waiting for!
ReplyDeletefrom a non-lawyer: another quick comment. What happens to a sitting DA when he is being brought up on charges? Is the DA placed on administrative leave (probably paid) pending the resolution of the ethics charges? Clearly a sitting DA facing ethics charges has implications for all the cases within their jurisdiction.
ReplyDeleteThe Civil Suit is going to cost the State of NC a ton of money and the State Bar who disciplines their lawyers is going to disbar Nifong.
ReplyDeleteWhat bothers me is that no matter how poorly Nifong acted, the victim lied and made up a story because she hates whtes and Duke yet there is no outrage in the community. The double standard in society continues to grow as imagine if a rich white kid raped some coed from NC Central.
We should be attacking the victim and cut off her Medicaid.
Sorry I can't agree, Dude. I'll bet the 88 have a "What, me worry?" 'tude on tonight. Have you seen any evidence of rational behavior or an understanding of basic parameters on the part of anyone, excepting student Butler, Professor Coleman, and that dipdog rock perfesser who forgot to take his pills that one time? Duke is taking it to the end of the road on this one. The doors are welded shut and the pedal's to the metal. And the gas tank's on fire, uhhuh. sic semper tyrannis
ReplyDeleteWhen will someone now go after the accomplices in the Durham Police Department???
ReplyDeleteThe so call "victim" just did not want to be locked up for being drunk.
ReplyDeleteNifong and the police should have investigated not indict. No they have to pay.
Nifong at least did get what he wanted. He wanted this case to make him a national name. Well done.
I wondered if this set of charges against Nifong is related to the now dismissed rape charge and other charges would come against Nifong when the other charges in the case are dismissed?
ReplyDeleteDuke is a joke. The President should resign. He rushed to judgment the same way everyone else did to appease the black community. He didnt support the players and reserve judgment and shut down the lacrosse season. Why anyone would want to play ball at that school is beyond me.
ReplyDeleteIts amazing what a bunch of politically correct African appeasers will do to themselves instead of calling the victim what she is, a liar living off the government dole.
Maybe Nifong can get a job at Duke teaching ethics. They seem to have a low bar for faculty.
ReplyDelete7:13 if you're ashamed to belong to NC State Bar then leave it. I seem to detect you have been protected by the NC Bar previously for possible misconduct.
ReplyDeletecool beans
ReplyDeletecool beans
ReplyDeleteI just read the complaint. At the very end, the defendent will be taxed for all costs.
ReplyDeleteGot to love making Nifong pay for his own hearing!
This issue is bigger, much bigger than Nifong.
ReplyDeleteUltimately, this is about the intellectual and moral culture that has been spawned by America's universities in general and the philosophy of multicultural liberalism in particular. This case could just as well have happened in Berkeley or Cambridge or New Haven.
The NC Bar may be trying to save face at this point, but I will be very surprised if anything of substance comes out of their investigation. Nifong gets his wrist slapped and lives to prosecute another day. Sad, but it's how the Bar covers each other's back side.
ReplyDelete7:14pm Anon:
ReplyDeleteHere's the Complaint
To Kemp at 7:31 - First of all, good call! Second, do you think other citations - such as his refusal to view exculpatory evidence, the flawed line-up, the withholding of exculpatory DNA findings - will be forthcoming? If so, any idea of a time frame?
ReplyDeleteThe bar knows that if they let Nifong walk on these charges, They will be back with the lineup, not looking at the alibi, and the whole DNA mess as additional charges.
ReplyDeleteThey will disbar him, or they will be having serial hearings.
To DOJ: Please direct your attention to item 43 in the 17 page complaint.
ReplyDeleteI think that KC's analysis is strong. I, too, believe that an amended complaint is inevitable. This complaint, focusing just on public statements, was probably being drafted well before the recent testimony about the DNA report. My analysis is at the Legal Ethics Forum, here:
ReplyDeletehttp://legalethicsforum.typepad.com/blog/2006/12/nifong_official.html
Kemper 9:31 I need to say I'm sorry for not trusting you on this one. I am very uneasy about the legal profession.
ReplyDeleteYou were right on off a few days.
The second comment is important, and I think it needs to be addressed. First, and most important, the Bar's reprimand to David Hoke and Debra Graves was widely protested as being much too light, and as a result of what the Bar did, the public outcry guaranteed the Bar would act more severely against future miscreants.
ReplyDeleteSecond, the attorney making the comments basically seems to be saying that the only reason that Nifong is being judged is because of the race and wealth of the defendants and because the attorneys are high-profile. I would disagree.
The race, wealth, and the fact that the accused were Duke students made the case high-profile. Nifong chose to take advantage of all of that in order to win an election. Joe Cheshire and the others did not make Nifong utter the statements that now have him in trouble.
And this is not the end. This is the light stuff we are reading today. It will only get worse for Nifong, and I for one believe that he deserves what he is getting.
As a Christian, I am taught not to rejoice at the downfall of someone. However, I can rejoice that some justice is being done, and I will rejoice even more when the rest of the prosecutors of the United States realize that they are on notice, and that this is going to happen to one or more of them in the future. The Internet and motivated people are powerful tools in dealing with this trashing of the law that these prosecutors swear they will uphold.
111 - Looks like the Newsweek date rape lie.
ReplyDeleteHow do expect Nifong to do his job with all this outside pressure on him, he is trying to do his best to get convictions.
ReplyDeletecorrection 11 date rape drug
ReplyDeleteI have repeatedly said to folks that I did not believe the Bar would act.
ReplyDeleteThis news is the best tasting bit of crow I've ever had the pleasure of eating. Delicious!
theman said: "How do expect Nifong to do his job with all this outside pressure on him"
ReplyDeleteIt is because he *wasn't doing his job* that they now won't expect him to do his job.
I think that Sword of Justice said it best, except that I would argue that it is multicultural liberalisim in general that has blinded the justice system. Duke is a specific example of this. Yes, Nifong needs to go, but hopefully the President of Duke won't be far behind.
ReplyDeleteYou here are all nuts, the Fong will survive and the guilty will be found guilty. Nifong is a great DA, the kind we need in Durham now.
ReplyDeleteTo: theman
ReplyDeleteIt appears that even theman is giving up hope that the Dookies will serve time for their terrible crime against the pure virginity of Crystal what's her name.
Maybe she'll run for Mayor of Durham next. She should get the votes!
Question for Attorneys - Would Nifong avoid any liabiity or penalties if he decided not to be sworn in on January 2nd ?
ReplyDeleteNifong is but a symptom, Brodhead and the 88 are the disease. It's up to the Duke alumni/benefactor network to get rid of Brodhead and all non-tenured 88s (almost all are not tenured, I believe).
ReplyDeleteDestroying Nifong is a good start but a long way from addressing the social cancer of which the modern liberal academy is a leading cause.
No, he could still suffer the penalty of disbarment unless he voluntarily surrendered his license to practice.
ReplyDeleteIt's a shame that some folks still decry the "rich with high profile lawyers" angle in this case. The defendants are fortunate that they were able to hire competent attorneys even though they're unlikely to ever be reimbursed for the cost of having to deal with false accusations. Imagine what would happen to anyone in Durham, NC charged with a crime who could not afford an attorney. The defendants plight has also been exacerbated by the fact that their President chose to leave them hanging for far too long.
ReplyDeletenot be reimbursed for the cost of their lawyers? are you kidding?
ReplyDeleteThe civil suit will likely make the accused millionaires long before they inherit their parents money.
Non lawyer here. I am curious about the timing of this complaint. Why now? It seems that they are saying that the complaint began last spring. Why would they bring it forth at this point? Why not sooner? Could it be due to their own liability? Are complaints such as this usually brought forth like this?
ReplyDeleteTheman is some real sick parrot or he is the DPD stirring the pot ?
ReplyDeleteAre there any grounds on which the Duke 3 can sue Duke University (e.g., Brodhead and the Gang of 88)?
ReplyDeleteI guess the thing to do would be to go over their
ReplyDeletepublic statements looking
for slander and libel.
Perhaps the 88 get fired as
part of a settlement.
Probably too early for that. But I'm sure that
there will be folks on the internet going through that exercise.
7:57pm John Steele:
ReplyDeleteThank you, John. Good analysis!
cederfart you be a twerp
ReplyDeleteposter # 2 at 7:13 pm & Nifong are on the same page. A tad envious of Duke.
ReplyDeleteBeating a dead horse, but
ReplyDeletein his speculation that a condom might have been used, when he knew or should have known that the accuser had explicitly stated that her alleged assailants did not use condoms.
Compounded by the fact she can't even be sure she was penetrated now, she explicitly stated a condom wasn't used?
This case is beyond belief. My bet is on Nifong entering rehab soon.
the amazing thing to me that nifong really seems to be very, very stupid. if you just look at the chronology of his statemetns, there's no way he could argue that he misunderstood.
ReplyDeleteat first i thought he was really arrogant, but then the way he kept stumbling over himself with three different excuses for not turning over the dna after meehan outed him was, well, really almost sad. talk about someone in over their head intellectually, that clearly happens in a shallow pool for nifong.
but back to the gang of 88. so, i want to know what the punishment will be for blacks, sine karla holloway said it herself that white innocence means black guilt. now, its time to start talking about that. the mlk dream is dead, no more of that. its a new day for america.
happy kwanzaa,
WINDBAG
Liefong will go off deep-end before this is over. His behavior is typical.
ReplyDeletewhy would anyone be envious of a school that only promotes the achievements of its individuals and entities while distancing itself from any potential adversity that may exist for the same. Not a school id want to be a part of.
ReplyDeleteif nothing else this case should show us all that the rich get better representation then the poor and the misconduct of the police is rampant. I guess this is the trade that the rich must pay for because they are targets of the poor who are looking for a money grab with no consequences should their lies be exposed.
ReplyDeleteThe sad thing is that we still focus on the overblown injustices of race and not economics, which is the real determination of whether you can afford justice.
"I'm not going to let Durham's view in the minds of the world to be a bunch of lacrosse players from Duke raping a black girl in Durham."
ReplyDeleteNifong was sucessful.
Now the world has a different view of Durham.
Nifong,
ReplyDeleteHave a Happy New Year!
where is the outrage at the accuser who just made up a bunch of crap.
ReplyDeleteHey, is the ground SHAAAAAAKING yet?
ReplyDelete8:27pm 'E':
ReplyDeleteWhy now, you ask?
As you pointed out, these statements happened quite some time ago, and the Bar obviously has been watching closely since then.
My thinking is that the Dec 15 DNA hearing was the tipping point for this complaint. All of these statements belong in the defense's Change of Venue motion (and most probably are), and perhaps the Bar thought that the effect of the statements would be 'cured' by the granting of a COV. That doesn't mean that the statements didn't break the rules in & of themselves, but I suspect that the Bar was willing to wait until the case was over to file on these charges alone.
Then comes the Meehan testimony, and it became obvious to them that this simply couldn't go on any longer - no more waiting for Judge Smith to rule, etc.
Tipping point, straw that broke the camel's back - choose your cliche, in the immortal words of Garland Green. ;>)
The Bar finally had had enough after Meehan's stunning testimony, and filed the only complaint they had completed at this point. The line-up, the hiding of the exculpatory DNA evidence, the refusal to consider or even listen to Seligman's alibi - all those are fodder for an ammended or 2nd complaint.
8:55 ask Nifong and Gottlieb of DPD.
ReplyDelete9:06, have you been paying attention??!! Many of us are EQUALLY outraged with Precious...she is equally culpable, imo...the whole POS case *started* with her...and she has allowed this travesty to continue all these months...she gets no pass from me!
ReplyDeleteI also agree that there is more to come from the bar...consider, they have been on Nifong's case since the end of March, and are only now getting to the extrajudicial statements from him (which imo are more than enough to get him disbarred)...it will take them some time to get to the other charges, such as the ignoring of exculpatory evidence of Reade's, and the outrageous suppression of exculpatory evidence from DNASI...it will surely be coming!
Hay you all they have a song already writen for Nifong it goes like this:
ReplyDeleteNa, na, na,/ Na, na, na, Hay, hay, goodbye
Does anyone remember that song? I am sure Mikey remembers that.
Imanagine the video clip of Nifong swearing in on January 2nd. I can see the SNL take on it already.
ReplyDeleteSeriously what judge is going to want to be in that video clip on TV!
Nifong must be strumming his guitar and singing "I DID IT MY WAY" Frank Sinatra
ReplyDeletelyrics
http://www.lyricsfreak.com/f/frank+sinatra/my+way_20056378.html
What, ethics rules apply during an election campaign? No be serious.
ReplyDelete- Nifong to Bar
If Nifong beats this complaint it will be the greatest piece of lawyering since Aaron Burr beat the charges against him.
ReplyDeleteMikey has yet demonstrate he has it in him.
Perhaps the timing has something to do with the swearing in next week. I am sure the NC bar does not want to see that happen.
ReplyDeleteSpeaking of swearing in, why the heck the the NC state bar wait until after the Nov. 7 election? They have been mulling over these issues since April and certainly could have acted sooner if they had wanted to. Was it the possible criminal act of withholding exculpatory evidence that put them over the top? The simple fact that no Duke DNA was found in or on the accuser, but that of several other males was? And, of course, the charge that "now defendant" Nifong "allegedly" conspired to hide this incredibly relevant evidence from the public, from the defendants, and perhaps not least of all, from his own voting constituents, the good people of Durham.
ReplyDeleteHow can Nifong say he is not wedded to this case now? One of three things will happen:
ReplyDelete1 - Nifong asks for a special prosecutor.
2 - Nfong assigns the case to someone in his office.
3 - The judge removes Nifong from the case
"One of three things will happen"
ReplyDeleteActually, there is another item, which brings your list to four things.
Nifong might have a nervous break down. Perhaps he is on the verge now, maybe some doctors can chime in and comment if his behavior is indicative of someone about to have a break down.
I hope he does NOT have one, for that is not something I'd wish on anybody.
Well he could always resign.
ReplyDeleteI hope he does NOT have one (a nervous breakdown), for that is not something I'd wish on anybody.
ReplyDeleteThat is just your compassion and humanity speaking. Most of us are decent people and do not wish harm on others. You have to remember that the Fong had no problem sleeping at night knowing that he may send 3 innocent young men to prison for 30 years. If anyone deserves a nervous breakdown or worse, it is that POS.
"Well he could always resign."
ReplyDeleteSeveral reasons that likely won't happen:
1. He is too stubborn
2. His election was about "him", yup, there is an ego, just look at the way he walks and holds his head. He literally looks down on people.
3. His election was also about continuance of health insurance. Perhaps many have forgot...he has a preexisting condition and likely won't be covered for that by his next employer.
Can the governor pardon Nifong, a la Ford for nixon?
ReplyDeleteWhere would that leave a civil suit?
"If anyone deserves a nervous breakdown or worse, it is that POS."
ReplyDeleteMe thinks garnishment of his wages to repay all LAX legal bills plus damages would be far more fitting...
The gov could not pardon federal civil rights issues. And a pardon does not rule out civil judgements.
ReplyDeleteThis case is beyond belief. My bet is on Nifong entering rehab soon.
ReplyDelete8:42 PM
I agree...
does anyone think it is possible he won't be allowed to swear in?
10:10pm Anon:
ReplyDeleteWhat's his preexisting condition?
Kemper,
ReplyDeleteHonor is due, my friend, honor is due. I'm sorry we doubted you.
My take on the timing is that the Bar guys were pissed that Nifong did not dismiss the whole case, so went ahead with the complaint they had prepared, in order to get started at the mid-January meeting as Kemper predicted and to try to push the prosecution to resolution.
The more serious offense is the hiding of the exculpatory evidence. Ironically, since the defense smoked it out well before any trial date, the attempt to hide it might not be enough by itself to dismiss the case, though enough to disbar the offender.
I remember reading somewhere that Nutfong needed to be employed into 2007 to qualify for his pension. He's not likely to take this complaint lying down anyway.
10:16pm
ReplyDeleteFind a judge who wants to be forever assosiated with Nifong?
He better not run for office. I could see the picture of him standing next to Nifong being a political problem.
Nifong had cancer. Thats why he went to traffic court for a few years.
ReplyDeleteOne big event after another--a banner day all around. Thank you NC Bar!! Maybe Freda Black, who should have won this election to begin with, will eventually take Mr. Nifong's place. The King is soon to lose his crown, I believe. It is just painful to watch someone self destruct.
ReplyDeleteObserver
NC Lawyers
ReplyDeleteDoes NC have laws that take away a pension if illegal activities took place on the job or is Nifong pension safe after he swears in on Jan 2?
The impending implosion that is Nifong's career reminds me of a plane crash into a train wreck!
ReplyDeleteI only hope he does not get away with a pension, and if he does, that it is not protected from a civil judgement.
Maybe when answering the Bar complaints, he'll call them the MF word, like he has done before to other lawyer(s). I remember reading about that one in the N&O and how they reported it was loud enough to be heard throughout the sixth floor of Durham Court office building. Reaaaal professional...
ReplyDeleteThere's no past indication in his persona that he is capable of admitting he made a mistake, much less exhibit contrition. My guess is that he vigorously fights the Bar complaints and is very defiant. Who would want to legally represent him? Maybe Irving Joyner?
Speaking of Freda Black, what were Nifong's reasons for firing her and were they justifiable? There must be a story there, but have not seen it.
ReplyDeleteIf he hads a lawyer when he goes, it will be interesting when he gets to the "Why do they need lawyers" quote to ESPN.
ReplyDelete8:42 - Of course, Rehab is the short term solution to his problems. Never occurred to me unilt you wrote it - Very good
ReplyDeleteKC:
ReplyDeletePlease consider doing a comparison of Nifong's (actionable) statements to those made by the Duke 88.
What is sauce for the goose (bar complaint) could be sauce for the gander (Administrative review of the 88’s comparable statements…)
It would be interesting to see the comparison..
just a thoguth.
cedarford advises every poster to ignore "theman" and then posts a lengthy response to his comments.geeez
ReplyDeletetheman is too fun to ignore. Some of the responses to him have really skewered him and that is fun to watch. Sometimes it is accomplished so easily and it really isn't sporting - almost ;).
ReplyDeleteFor the Gang of 88, this case was about a lot more than just what did or did not happen on the night of the alleged crime. And it was about even more than just racial revenge.
ReplyDeleteFor the Gang of 88, the case represented an opportunity to put America on trial. That was their goal. America, in their view, is THE racist, sexist, homophobic, classist society par excellance. For them, America is immoral and unjust. They are drven by a kind of hatred and loathing of America that borders on the psychotic.
These people are the true villains in all this. Mike Nifong is simply one of their more opportunistic students (figuratively, speaking).
Sadly, most people just want to talk about the consequence and not the cause of the perversion of justice.
it's called child abuse
ReplyDeleteNifong's issues w/ Freda Black have never been made public as far as I'm aware. Nifong referred to them as a personnel issue and therefore private.
ReplyDeleteI believe beating her was his motivation in this case. Can you imagine how he would have viewed being demoted to ADA and working for Freda?? No doubt she'd have fired his azz if he didn't quit.
Bottom Line .
ReplyDeleteThe Fong was prepared to surf along with the AA Durham sicophants and railroad these lads into a long time behind bars.
The Fong could not give a to** for the boys, he had no conscience at all,they were a vehicle to ride to the top .
The man was totally blinded by power and it corrupted the SOB.
The man deserves all he gets and more some!
Sorry I do not have any compassion for the man. No man is an Island; his bell tolling for him now!
I feel for his family , the boys and there families.
The nucleus for all of this was that sick prostitute who made false allegations to a fool who for his own gain used them to get us here in NC into the mess we are in now.
I just hope we see civil cases against all the perps in the Durham justice/DPD system who have aided the Fong.
Sadly the cost to NC , Durham and Duke will be very hard to talley but it must/will be millions of $$$?
You guys are wasting your time and energy going after the "88" in a legal sense. Yes, they said things they should not have said.
ReplyDeleteHowever, they are protected by "free speech". Furthermore, some of them are protected by laws/policies that don't extend to all people. Unlike Nifong in his job where he was supposed to be working to seek justice.
Anonymous 11:12:
ReplyDeleteI think you're missing the point.
The issue is not whether there is a legal case against the Gang of 88 (although I have wondered here if there is one) but rather the role played by multicultural liberal/socialists in creating the moral culture that made this perversion of justice possible in the first place.
If we don't address the "cause" of this case, there will be many more similar consequences (although not necessarily in the same form).
11:12 Freedom of speech does not provide protection from slander. Freedom of speech should not protect the Gang of 88 from action by Duke... some are tenured and, therefore can't be fired but there are sanctions the university can (and should, imo) impose.
ReplyDeleteTrust me. Duke has deep pockets. If they can be sued they will be. Maybe illegal search, libel etc.
ReplyDeleteI agree with the "Sword" that we need to understand what is fueling this sad mess. Nifong has played his part but this is bigger than just a doltified DA. The evil 88, Brodhead, the Durham Police, the media, the general public, etc.
ReplyDeleteI would like to be a fly on Nifong's office wall tomorrow after tonights news.
ReplyDeleteThe Fong will possibly take a sick day? I hope he thinks long and hard tomorrow, previously he had ruined Christmas for everyone by not dropping all of the charges.
Now its his time to sweat a little ?
What goes round come around Mikey.
"we need to understand what is fueling this sad mess"
ReplyDeleteQuick answer: Tolerance. We tolerate the intolerable.
Can you imagine Nifong being deposed by lawyers 10 times as bright as he is in the inevitable civil suit. Too much fun to think about.
ReplyDeleteTo answer a question here:
ReplyDeleteYes, the accused have a cause of action against the Gang of 88 if their statement(s) cast them in a way that made them an object of scorn in the community.
But there's more. In doing so, they were acting as agents of Duke University.
Duke's got serious problems here folks. Hope their insurance policy is paid in full.
As for Nifong, he's toast. NC cannot sweep this under the rug, it's national.
-Esquire-
-Maryland-
Nifong will get his day in court--hopefully as a defendant of some sort.
ReplyDeleteThe real is this: What can be done to change the intellectual and moral culture at Duke (and at other universities)? What can the people here do to put pressure on Duke?
More to the point: What will Duke students do to restore intellectual respectability to their university? Will the "social justice" crowd at Duke bang their pots on the first day of Peter Wood's course? Will they go to William Chafe's course and get up and silently leave in protest? Will they demand that the university abolish the AAAS department and the "Marxism and Society" program?
If you are a Duke student and you believe in protesting injustice, then NOW is the time to do it. If you don't protest the actions of your administration and the Gang of 88, then, well, we'll know that you're fraudulent.
Nifong hads no assets. You can't get his pension. His house is in the wifes name.
ReplyDeleteHe will not testify or will take the 5th. Get a judgement against him and he will laugh as he cashes his pension check.
The real money comes from the city and state and maybe the Duke U.
Yes, the role of Duke here is interesting. Think about how self-destructive the school was willing to be:
ReplyDelete1. The school has a legal relationship with the 3 students, leaving it open to potential liability, and
2. The extremely negative message the school sent to prospective parents/students by turning against 3 of their own students, in effect saying, the school will not protect you at all (consider how that might sound to a parent sending their kid away from home for the first time).
The way PC ideals led the university to such self-destructive behavior contains a potential warning to our wider society.
Don't be so sure that the falsely accused can't get Nifong's assets in a civil case.
ReplyDeleteGPrestonian said...
ReplyDelete10:10pm Anon:
What's his preexisting condition?
10:21 PM
===
No moral center. Lack of ethics
C4,
ReplyDeletetheman is Nifong's sock puppet.
uh, what happens, all you gloaters, if Nifong steps down and a special prosecutor takes over and does not automatically dismiss the case? what then?
ReplyDeleteanonymous 6:12 "uh, what happens, all you gloaters, if Nifong steps down and a special prosecutor takes over and does not automatically dismiss the case? what then?"
ReplyDeleteI don't think anyone has reasons to be worried about that.
To 6:12,
ReplyDeleteIn the extremely unlikely event that a new prosecutor does not dismiss, I fully expect the judge to rule in favor of the defense on its Change of Venue motion and its Lineup Motion. If the case had any merit whatsoever, we would not be online discussing it...which brings up another point. These ethical and constitutional violations exist regardless of the guilt or innocence of the accused, but their obvious innocence does make this moment very sweet indeed.
Observer
Since everyone knows, now even the NC Bar that Crystal was lying... why haven't the DPD police arrested her? She started this, she carried it through and elaborated, gave details and created this travesty...why is she not in jail? She should get the same amount in time that the 3 boys would have gotten if convicted. Crystal caused this yet she is still out their partying, pole dancing and lying. I would think the DPD would round her up right away. I would think the NC citizens would demand her arrest since her antics are going to cost the state millions of dollars. Get that menace behind bars now.
ReplyDeleteAnon at 11:45 said:
ReplyDelete"Quick answer: Tolerance. We tolerate the intolerable."
Yes, that is a good point. The feminist/pc/liberal ideas of tolerance are in a word, um, gerrymandered.
We all need to start putting our "foot down" and saying no! to things that should not be tolerated. Nifong, radical feminism and Misandry come to mind.
Police and prosecutorial misconduct are epidemic in America.
ReplyDeleteNifong is only the tip of the iceberg.
JC:
ReplyDeleteI couldn't agree more.
It's been almost embarrassing to watch Cedarford come unbottoned psychologically, and in such a public forum. He's the Neville Chamberlain version of "TheMan."
I'm not a psychologist, so I won't even try to deal with his his problems. Better left ignored than engaged.
I hope that the accused players go after all the slander, lies and criminals that put them through this ordeal and that there are honest lawyers out here to help them do that in the name of "Truth, Justice, and the American Way" as Superman puts it. The number of lies and amount of deceit that this case brings loathes one to ever have to go thru the criminal justice system, how can we trust it any longer ?
ReplyDeleteThe Duke defendants are very lucky that the media picked up this case. Police and prosecutorial misconduct can be far worse than what went on in Durham.
ReplyDeletesee
http://howard-dean-crime.blogspot.com/
You can post your complaints about Durham-in-Wonderland on this sites to be seen by wide audience
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