Comments and analysis about the Duke/Nifong case (2006-2014).
Gonzales said that even though the case is a state and local matter, the federal government could still become involved "if an investigation is conducted in such a way that civil rights laws are violated, that would be something that we might look into."If that's the standard, then--as this post suggests--Nifong might start worrying.
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28 comments:
Great info, KC, now that these three have had their civil rights violated, by Nifong, he should order an investigation. He has a seperate, Civil Rights Section, exclusively for that purpose.
KC would what came out in court Friday be concidered a violeation of the civil rights of Collin, David and Reade? If it is I will sit and write another letter to the DOJ and include the makings of the conspiracy.
The professor could explain it best, but it's unquestionable that the three players' civil rights have been violated by Easley-appointee Nifong. Write your letter to Mr. Gonzales.
KC,
I posted this yesterday, the middle district of NC US attorney opened a file on Nifungu in May, according to the former USA I talked to last night. He is now a FED Judge, you can probably figure out who I am talking about from those facts. The long knives are out. The only person who is going to do any time over this is Mikey. I'd say he has really F**ked up, even more than going to UNC.
Kemp
Sit back, relax and watch how Nifong will nail himself to the cross on this one.
I sense fat ladies entering the courthouse.
KC here is a counterfactual for you: Suppose Nifong comes to the same conclusion that so many of us have--these boys are innocent--and he drops all the charges and issues a public apology to everyone whose life has been sullied and slandered. Would he be off the hook? Or, would his mea culpa further aggravate the situation?
RM PAM
KC.
Also the Bar is going to act in Jan. They had to pull summons to amend it to include more serious charges. I just don't get it. How does a traffic tkt asst DA get himself into all this trouble? Is he an idiot or so arrogant that he thinks he can ignore the law and every lawyer in the state? This man must be smoking dope. NO one can be this stupid, most UNC graduates could figure this out by now. We'll obviously maybe not.
To 10:02: "Also the Bar is going to act in Jan. They had to pull summons to amend it to include more serious charges."
We've been hearing how the Bar was going to act in December, then it is February, and now you say January? Why does it take them over a month to make amendments?
That sounds constipated.
Liefong not scheduled for NC Bar hearing in January.
http://www.ncbar.com/discipline/hearing_schedule.asp
10:12
It is constipated, they're lawyers. The charges must be approved by the Bar Counselors, since they have changed, they only meet once a month and Nifungu will get a trial, which will take a month or two, blah blah blah. Remember these folks get paid by the hour, so what's the hurry? You know they'll get it done after about 5000 hours of billable time. Disgusting, but true.
Kemp
There is no doubt that Nifong has abused the law at all levels. Whether or not he pays for this is another matter. I can only hope that the authorities in North Carolina are willing to shoot that fox guarding the henhouse.
The issue of "open discovery" should not be an issue at all, but Nifong was able to milk the political sentiment in Durham. Only through the efforts of bloggers like K.C., as well as the defense team for Reade, Dave, and Collin, has this wall been cracked.
I can only hope that the legal profession acts here, because if it does not there will be hell to pay on all sides. Prosecutors will be re-energized to lie and break the law, and people will be encouraged to file false charges.
I have this weekend written to the Federal Attorney General Gonzalez and also Senator Dole requesting a Federal Inquiry ASAP.
Nifong and Meehan tampered with evidence....A CRIME! Who knows what the Police Department has done in this case?
No one will be safe in the Durham justice system until a Federal Inquiry has been completed and confidence reafirmed!
I did not waste my time with Easley , Cooper and co.
Sadly, I feel they have been an absolute disgrace to the North Carolina Justice system, who by there inaction have contributed to this whole charade and breach of the Civil Rights of the 3 defendants.
I urge all of you to email the Federal DOJ, Mr Gonzalez and also your NC Senators.
Mr Mike Nifong,the Durham Police dept and GCM must be brought to account for there criminal actions in massaging the evidence against the defendants.
Casterbridge.
It's important to let Attorney General Gonzales know the facts of the hoax case and Nifong's multiple abuses of his office. Please write to him and ask for a DOJ investigation. The feds need to prevent Nifong from destroying evidence, among other things.
Disbarment is nothing.
Nifong needs to feel the full pain of his personal savings being sucked into his defense attorney's bank account - as simple reciprocation for what he's putting the 3 guys and their families through now - and he then needs to understand that his retirement prospects include either prison food or catfood.
I'm not [normally] a vengeant man, but this schmuck seriously damaged my school, my sport, but worst of all - any trust in the legal system where I live - some 1800 miles away from Durham.
Disbarment is a wrist-slap - he belongs in jail for his wanton disregard for the well-being of innocent people purely for his own personal gain.
TW
Nifong met with Meehan on April 10 to discuss test results. Himan and Gottlieb attended that meeting, according to Nifong. The indictments of Collin and Reade were handed down on April 17, and the indictments state that Himan and Gottlieb were the witnesses who gave evidence. And their testimony was under oath. There is no transcript of the proceedings(an NC dark ages thing), and Nifong didn't testify or probably didn't even make an appearance. He let these 2 stooges do his dirty work and not reveal the existence of this exculpatory evidence. If the feds come in, Himan and Gottlieb will tell all.
Juxtaposing the DNA Testing and Grand July Timelines:
On April 8, 9 and 10, DNA Security found DNA from multiple males on the panties and rectal swab from the rape kit; none matched the lacrosse players.
On April 10, Dr. Meehan met in his office with Mr. Nifong and the two lead investigators in the case, Sgt. Mark Gottlieb and Investigator Benjamin Himan.
On April 11th, as Nifong later swore as the truth in open court, he had his only meeting with "the woman he believed" who was summoned to his office, urgently. Along with Himan and Gottlieb. He said in court it was not an interview, because "no substantial questions were asked...That can be done as the trial approaches. The only detailed question might be about whether or not (she) used ecstasy drug.."
If you believe Nifong, nothing was asked about Mangum's story in context of 46 Duke players having no DNA traces detected while semen from 6 other men was found on her underwear and in her orifices. Nothing was asked about her story that she had no sex with any man in a week before the story of the Duke rape. Nothing was asked on the ID of the 5 unknown men or how they and BF Murchinson managed to leave semen all over her before the "rape" happened...
On April 12th, the Grand Jury Convened. Nifong called Gottlieb and Himan as his only sworn witnesses.
(Grand Jury not informed of test results, told testing is "in progress".)
On Friday, April 14th Nifong reiterated that DNA evidence may or may not clear persons tested in the [rape of Precious]. That 70-80% of convictions are obtained with no testing, that it is possible that no DNA left was detected.
April 17th. Grand Jury indicts the 3 suspects. http://www.thesmokinggun.com/archive/0418061duke1.html
On each bill of indictment, Nifong, Himan, Gottlieb are the only listed participants in the proceedings other than the Jury Foreman, Charles A Harris's signoff for the jury members.
On April 18 and 19, DNA Security ran tests on pubic hair from the rape kit and found multiple male DNA that did not match the players or any other sample taken by police.
On April 20 or 21, Dr. Meehan again met with Mr. Nifong and the two investigators in his Burlington office.
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It is incomprehensible to me that Mr. Nifong was not made aware of the results, as he claimed in open court. He drove 45 minutes to a meeting with his 2 cop flunkies precisely to meet and discuss results after each round and what had to be excluded from defense and the grand jury to get the case to survive.
It is incomprehensible to me that the accuser, Mangum, was not asked about the DNA results being at odds with her claim not to have had sex in a week before the “Duke incident” or how the DNA results were at odds with her claims of condomless attackers ejaculating in or on her when the cops and DA met with her after the DNA facts came back.
It is incomprehensible to be that Himan and Gottlieb did not do the only thing that could possibly square with the test results and Mangum’s story. Proceed to get the samples and photos of the 2-3 non-lacrosse players at the party whose DNA was not tested and whose photos were NOT shown to Mangum. The reason appears obvious. Himan, Gottlieb, and Nifong knew they were innocent as well as the suspects…the power of the state was used by the cops and DA to “get” white Duke players for political reasons only – to help Nifong win with the black voters in the upcoming primary and not be seen as a fool. So why bother learning who the 5 unknowns showing up in DNA testing were. The point was to get indictments of "white boys of privilege". Any white boys, for the upcoming primary.
It is incomprehensible that Nifong, Himan, and Gottlieb all failed to take notes of their April 11th meeting with Mangum and what was discussed, or their meetings and phone conversations with Meehan at DNASI.
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If the State of North Carolina is not able to restore the integrity of the NC judicial system to protect the civil rights of ALL people within it’s jurisdiction, the Federal Government is well-trained to investigate matters of officers of the state attempting perjury, conspiracy, evidence-tampering or with holding - meant to deprive citizens of their civil rights. Especially by cops. Federal investigators know this drill very well.
Nifong is an elected official protected by "state rights" not just his office, but by being "in the brotherhood of lawyers" of the "state Bar" who alone claim the right to "correct" naughty or bad ones. Not so the cops. Or Meehan. If the Feds come in, they should drive right by Nifong's office and go to the far more vulnerable cops and DNA testing company owner that lack the defenses Nifong has against prosecution. Until Meehan, Himan, and Gottlieb come clean in the face of jail time and are willing to implicate Nifong.
And the Feds should sit down with the skank ho' and see who she said was interacting with her the past 9 months on her accusations.
The feds need to act now. Remove Nifong from the case; install another prosecutor while the federal investigation is being undertaken. Write to Attorney General Gonzales and to Senator Dole. Isn't she a Duke graduate?
Did Nifong really think he could corruptly get away with Social Engineering through the court system ?
Was he trying to give the black community of Durham some form of restitution by handing them the heads of 3 white boys from Duke on a platter?
Obviously so .......Until Last Friday, when he was tumbled by his fellow conspiritor..Meehan..and a dam good defense team...!
Casterbridge
Hmmmm.
I believe the two DPD investigators are also not yet eligible to retire with a pension. This makes them even more vulnerable to federal pressure since they can be fired for what they've done in this case and thus lose not just their jobs but also their pensions.
ed
Bill Anderson and KC- Is this 70 to 80% figure conviction rate without DNA still true when a women is tested immediately after the claimed rape? I have been told that many rapes are not reported until much later ( days , weeks or months) and the DNA has been washed off.
The DNA, or, more specifically, the non-DNA, convictions also must have other accompanying circumstances. As I have written elsewhere, DNA is useful if a woman is examined within a few hours of the alleged event so that investigators can treat her body as a crime scene.
The convictions that occur without DNA come when the woman has waited for several days to report the alleged rape. In those situations, the DNA trail simply is not usable because of lack of scientific credibility.
This point is important because CGM was examined soon after the party. Thus, if there had been a rape, given the extensive nature of the medical examination, I can guarantee you that DNA would have been found.
The people who insist that there can be a conviction without DNA are being very deceitful because they do not come out with the whole story. Furthermore, the wrongful convictions have come about precisely because police relied on personal identification and not DNA.
The DNA question is VERY relevant in this case, and anyone who says otherwise either is lying or is totally ignorant of forensic science.
both students should be allowed to return to class
everyone knows this case is a joke
boycott the 88's classes, and withhold donations to duke until brodhead is either disciplines or dismissed
from a non-lawyer to 747 AM: I agree that they should be allowed to return to class at Duke. However, would they be physically safe in Durham? Under the circumstances, as a parent, I would fear for their physical safety in Durham. If you remember, even in the courtroom some months ago, one of the 3 young men was threatened as a "dead man walking".
The young man was Reade Seligmann as he was making his way into the courthouse, and he was given a profanity laced rant by a member of the NBPP inside of the courtroom,just before the judge came out. That was on May 16 or 18.
I was watching cout tv at the time so it is on tape as to the members of the NBPP and what they said.
NO-NO-No returning to Duke or Durham. I can not imagine the guys being safe there. To pay another penny to Duke for an education you can get in many other schools would be stupid. Duke, Steel, Brodhead and the gang of 88 need to feel the reprocusions of what they have done. Shameful
The road has been paved. On the criminal side, we have Mr. Gonzales. It would be highly unusual for the feds to prosecute Mr. Nifong, but Gonzales certainly leaves the door wide open.
On the Civil Side, these players have a great case for violation of Section 1983, and damages under Section 1985. Further, and as I have posted previously, they have an outstanding case for Malicious Prosecution, and damages that are huge.
The beauty of the Federal angle is that if Mr. Gonzales performs an investigation, it will result in further discovery at the Federal level. It will assist the defense of the players in not only the criminal action, but any future civil action they wish to bring.
If you have not guessed yet, their defense has been masterfully handled to account for these contingencies. The final result may shake out as follows:
1. Mr. Nifong will be under investigation for violation of civil rights;
2. The Durham Police Department will also be under investigation by DOJ for policies and practices that violate civil rights;
3. Durham is going to face a serious case in United States District Court in NC.
Aside from these possibilities, Nifong will most likely be hung out to dry by the NC Bar, which will gain full information from the DOJ and its investigation, and will have little choice if Nifong's actions are deemed to violate civil rights. That is a de facto violation of legal ethics.
It couldn't happen to a nicer guy. He shames the legal profession. He has to go IMHO.
-Esquire-
-Maryland-
if nifong gets a book and film deal, will he have to give profits to the 3, or can he keep them?
new york has such a law, named after the son of sam
For Gonzales to make that comment is pretty huge. Normally the Attorney General of the United State of America isn't going to comment on something like this. While it's still highly unlikely that the Fed will get involved, Gonzales' message to Nifong seems pretty clear - we're watching you.
If I were Nifong these comments would probably scare the cra out of me. He's takinga real gamble if he continues on the path that he's on.
Next time I get a jury summons, I will point out that it is usesless to be on a jury in North Carolina, because Nifong has shown the world that evidence tampering and prosecutorial misconduct are tolerated by N.C. Attorney general Roy Cooper and Govenor Mike Easley, so therefore there is not justice in North Carolina.
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