The Bar's ethics complaint against Mike Nifong has been amended, to include the far more serious charge of withholding evidence. The specific issue: his decision to enter into an agreement with Dr. Brian Meehan to intentionally withhold exculpatory DNA evidence, and then state repeatedly to the court that he was aware of no additional exculpatory evidence.
The complaint says that Nifong lied to the court at least five times--either in person or in writing.
The amended complaint has just been posted; I'll update a bit later today.
The N&O is also reporting that past ethics questions have been raised against Nifong investigator Linwood Wilson--who, in a highly unusual move in this case, elected to interview the accuser without any other law enforcement personnel present. In this interview, of course, she dramatically changed her story, seeming to adjust it to fit various holes in the case.
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274 comments:
1 – 200 of 274 Newer› Newest»KC: Amend your title to "Lays" Down the Law.
-Esq-
-MD-
Ouch. Nifong's own words about privacy are being used against him.
I wonder if the defense will subpoena the 'Fong to testify at the suppression hearing. That would be a nice touch. Could you imagine a DA copping the Fifth?
Would be funny if this case weren't so sad.
Whoah.
The civil case just got stronger.
I can't wait to see how the Nifong enablers try to spin this develpoment.
KC:
More krap from Murphy in Cash's latest:
DUKE CASE: CAN COOPER FORCE WITNESSES TO SPEAK?
Do jump suits comes in bathrobe plaid print?
On the plus side, it is pretty clear by now that Nifong won't have to do any work for the state as an attorney in three years, which was sort of the plan all the way along, huh Mike?
P.S. The State Bar doesn't have the ability to sanction the lying witness, since she doesn't need a license to peddle her wares. The legitimate concern about Nifong's culpability should supplement, not supplant, the criminal action against CGM.
The amended complaint is a great read. Nifong lied to the Defense lawyers, the judge/court and the Bar.
He is so toast.
Now the smaller players will see how things are going to go. Nifong and the good ole boy network will not be helping them.
The new DAs will be interviewing Wilson and the members of the DPD. Watch some of them refuse to cooperate. The cracks will get bigger.
Wilson: "Based upon my recollection of the interview ...."
Get where this goes in cross?
-Esquire-
-Maryland-
Assuming that Murphy has the ability, she should read this Ethics Complaint word for word - several times to be sure she understands that everything she has said is completely WRONG. What an idiot she is.
And I am proud that the NC Bar has stepped up to the plate in this way! Good job guys!
Mr. Nifong will soon be experiencing the joys of the prison system and unemployment - all well-deserved!
I have observed so much prosecutorial misconduct over the years, that I have often wondered....Does any recourse exist to recover legal fees in a case like this? Civil litigation takes years and is very expensive. Can a D.A. be sued? Can a judge be sued? Methinks probably not. They seem to be above the law when they commit evil under the guise of "work". Do precedents exist? I find myself both pitying and loathing a specimen like Nifong (and his enabling judges). The modern day equivalent of "the mark of Cain" is upon them. Good people will shun them like lepers from henceforth.....and thinking people everywhere will realize that things have not changed much since the days when witches were burned (after a fair trial by jury).
"If one were innocent and has done nothing wrong, why would one seek legal council?"
I know this has been said before, but why doesn't he follow his own logic if he hasn't done anything wrong?
PS. Is anybody else annoyed by the way he talks?
Lets how the news vans start camping outside his house like they did to us Duke students.
*lets HOPE the vans
The timing is great for Murphy. Maybe she can get on TV to tell everyone why the Bar is wrong about the DNA, "Just look at my talking points".
LOL
I predict Nifong ends up surrendering his law license in some sort of plea deal with the Bar.
11:37 - Let's hope the vans start camping out at Nifong's house. Be very careful, there are a few limp wrist supporters of the accused that think this is "ambush journalism". He should be hounded daily for his repeated lies about these young men and hopefully every piece of equity he owns will be tied up in litigation for years.
After reading the complaint, I don't see any way out for Nifong.
What puzzles me is how he thought he could get away with such blatant lying in the court, directly to the judge and directly to the bar in his response?
As far as Wendy Murphy, unfortunately, she doesn't see that continuing to create more and more elaborate fantasy scenarios like a 'witness' that corroborates the rape does a huge disservice to real rape victims.
There is a big difference in defending an alleged victim in a he said/she said case, and this case, where there isn't a single piece of evidence that supports any of the stories this woman has told.
Wendy is hurting her cause by making people believe that all rape advocates are blinded by their agenda and even when it is crystal clear the allegation is false, they won't admit it.
It'll be interesting to hear what Himan has to say about those undocumented meetings between Meehan and Nifong. Wonder if Himan is prepared to fall on his sword to protect Nifong. Methinks not.
If he sacrifices his license in a plea deal, will he lose his pension and retirement?
Here's hoping the families sue the living s--t out of Nifong, Tawana Brawley the stripper, Al Sharpton and his loathsome ilk, those insufferable professors, Duke, and the state of North Carolina.. Sue them until they bleed out their eyes...
Nifong is a master of double speak.I can only guess that is how he has managed to ward off criticizm for all these years. I am not annoyed over how he speaks, but my reaction has been WTF. I Murphy licensed in Mass? Where is the Mass. bar association in this matter? She tells public lies and is certainly inflammatory.
The sand is falling fast in Nifong's hourglass. It is just a matter of time until the Feds take over. I would love to see the Bar discipline him so severely that there is no need for the Feds, but for now, the more who pile on the better. I certainly hope Gottlieb, Linwood Wilson, Himan and all the others also do not get away with out discipline. They have all participated in this hoax. Meehan for that matter as well. Meehan's best bet is to be a witness in hopes of a lesser charge. I also find it interesting now that Easley is saying he appointed Nifong with the understanding he would not run.
I've long wondered why judge Smith didn't throw Nifong in jail December 15th after he had lied to the judge in the morning regarding the DNA evidence and was rebuked in the afternoon by Meehan.
Isn't that what one would call "contempt of court?"
"Wendy is hurting her cause ..."
Wendy's "cause" is Wendy herself. She has no other cause.
I am not a big fan of the Bar, I don't think they really ever step in and hand down discipline...however what I believe we are seeing now is the Bar "offering up" Nifong as a way to save its own skin from Federal/State lawmakers taking away its authority.
Kind of ironic that Nifong used the case to save his political career..and now the bar will destroy his career to save its own skin.
Don't get me wrong...I think Nifong deserves every bit of a strong punishment from the bar.
from a non-lawyer/retired professor: I just read the new bar complaint. Among the charges is that he lied to the bar in writing in December. Did he have legal counsel at this point in time? Or did he just respond in writing on his own without the benefit of legal counsel?
The judges have all bent over backwards to help Nifong out of this situation, perhaps they figured he would drop the charges citing the victim's fragile state and were trying to protect him for going down.
At this point, given the level of specificity in the complaint and what appear to be documented lies in WRITING, I cannot see how Nifong can evade criminal charges.
I am just amazed he took things to this length, even so far as doctoring up on Dec. 21st a whole new set of false facts to keep his fledlging case going. I suppose once he was in so deep with so many lies, the only option was to keep lying and hope for the best.
This appears to be the torpedo under Mr. Nifong's waterline.
It will be most interesting to watch/listen to the life rafts his "supporters" come up with.
Nifong is totally screwed. If he continues to deny wrongdoing, each denial is a separate violation. If he admits he lied, he has to retract everything he has done and accept punishment. Knowing Nifong, he will continue to lie and stall.
"What puzzles me is how he thought he could get away with such blatant lying in the court, directly to the judge and directly to the bar in his response?"
I have to wonder if he's been behaving like this in lower-profile cases for years, and did get away with it because the public scrutiny wasn't there and the NC Bar was never alerted to his misconduct. I can't see any first time offender being nearly as brazen as Nifong was.
PS
No one has commented on the part of the complaint where the bar says he took de facto control over the criminal investigation.
As I understand it, this is the only way to pierce Nifong's absolute immunity from prosecution, by proving that he was acting as an investigator.
If this is what the bar is alleging, then he's finished, his career is finished, his law license is finished.
Can any lawyers clarify this point?
11:56
I agree, but it still seems so odd to me that a number of lawyers in NC said he had a reputation as honest, though stubborn.
It is impossible to square this assessment by his peers as an 'ethical' lawyer with his behavior in this case.
It seems doubtful that he went off the rails for the first time in this case, going so far as to suppress scientific testing evidence, but then, were his colleagues lying about his reputation?
The truly bizarre thing is all he had to do was give them all the evidence, file a motion in court to keep it out under the rape shield law and ask for a gag order on anything in the rape kit.
That would have put the defense on the 'defensive' and turned the discussion into rape victims rights related to their own sexual history.
Instead, he simply lied. Can he be that pooor a lawywer?
If the bar were to "convict" him and penalize him (or find him innocent)in any way - even a reprimand. Are further trials allowed or would that be double jeopardy? For example - could he later be tried for purgery?
They are two different things.
The bar compliant relates to professional ethics, though they cite specific laws that he violated as well as violations of the rules of the legal profession.
A criminal complaint is totally different, and a civil complaint is also different.
None of these would constitute double jeopardy.
In light of these additional charges, how can the State of NC retain him in the DA position until this matter is cleared up. After all, how can he be trusted to execute his duty without the potential to lie in more cases.
11:58: I'll take that one for you.
Prosecutors and Judges enjoy absolute immunity. Thus, they are totally immune from suit.
Police Officers enjoy qualified immunity. Thus, if their acts were made in a discretionary fashion, without malice, they enjoy immunity from suit. However, if their actions were motivated by an improper purpose, and malice can be inferred, that qualified immunity can be set aside.
Thus, when Nifong made himself the lead "investigator," he put on his police officer's hat, and lowered his immunity to qualified immunity. This is a purely law enforcement role. It was the most dense thing imaginable, so, therefore, Nifong did it. Malice is present all over the place.
In real terms, it means that anything Nifong did as an investigator, hiding evidence, rigging line-ups, etc. is not protected, and he is laible for his actions. Further, Durham's police are also liable individually, and Durham would be liable under what is called a "Monell" claim for their policies and practices. All of this is under a 42 USC 1983 action.
But, there is more. A clever litigator will link use of the telephones (RICO) with the actions, which carries stiff damages on the civil side. Thus, when Nifong used the telephones to concoct withholding evidence with Meehan, that would be a RICO violation, particularly if they had multiple conversations.
Hope that answers your question.
-Esquire-
-Maryland-
11:55
Its the Bar not the law.
And
Nifong is a lawyer, that makes the point mute.
[quote]What puzzles me is how he thought he could get away with such blatant lying in the court, directly to the judge and directly to the bar in his response?[/quote]
Some Prosecutors do it all the time, most do it when it helps. THERE IS NO LIABILITY other than defeat at the polls (and none at all for ADA's who don't face election). The poor defendant (the only one who cares) can't sue anyone (absent exceptional circumstances).
Judges never discipline a prosecutor for lying and the Bar only acts if the case has already been won on national television.
What is the real deal with Wendy Murphy? Does she teach - did she ever teach and for how long? Where was she an ex prosocutor? How come she is an EX? How does she support herself? Where is she licensed? Can a complaint be made to her bar association and who is it? this woman is a manic and needs to be exposed.
Somebody put lots of time into that thirty page laundry list of malfeasance. The specific dates and media sources involved lots of research, especially the video evidence. It would be wise to put Nifong on a suicide watch. Put a fork in him, he's done.
I wonder what Judges Stephens and Titus think about this complaint? Many of these allegations occurred while they were the sitting judges.
The Cash Michaels article is almost humorous. First, Nifong threatened to charge other players with accessory, but somehow that ploy dried up. It is maybe because he did not have a case, and knew that he might be likely to charge people who were not there at all, and that just does not look very good in a court of law -- even a North Carolina court of "law."
Second, Murphy misrepresents the cancelled meeting. The players were told NOT to have counsel, and that they would meet with police with a Duke University lawyer present. I don't know how that would have turned out, but I would never want any of my children to be placed in such a precarious position.
It is clear now that the Durham Police and Nifong were hellbent on getting indictments no matter what, so I think that any of those young men who would have attended the meeting would have been in grave danger. We know now that the police and Nifong did not consider the law to be an impediment to charging people with crimes that never were committed.
I agree with XRLQ. It would be interesting to know if Nifong engaged in this type of behavior (although perhaps not to this extent) in the past.
Also, I hope Patterico reads the last comment by 30YearProf. P said this case might make people attack prosecutors, and apparently he was right.
I also think it humorous that Cash has paired James Coleman and Wendy Murphy. One is a law professor who has at least been mentioned as someone with Supreme Court qualifications, or who would be an acceptable SCOTUS nominee. the other is a very, very part-time prof (who has not taught a course in years) who is, to be frank, a nut case.
The lineup will come up in lawsuits, but it won't be a bar issue. Nifong did that as "Lead investigator".
The standard fillerphotos is a policy (fed, state, durham) but not a law.
Much as I detest Nifong, "innocent until proven guilty" still applies.
That being said, he IS toast, no question.
The North Carolina Bar Association took entirely too long to do its job, but in the end, they are doing it, no doubt "encouraged" by the numerous people around the country who took them to task for NOT acting.
One can only hope that the beginning of this long nightmare for the three innocent young mens' families is coming to an end!
And yes - he can be disbarred, prosecuted criminally AND sued civilly and I hope all three of them happen forthwith!
12:22 PM
"Some Prosecutors do it all the time, most do it when it helps. THERE IS NO LIABILITY other than defeat at the polls (and none at all for ADA's who don't face election). The poor defendant (the only one who cares) can't sue anyone (absent exceptional circumstances)."
Like other prosecutors, Nifong could have pulled this off, leading to a trial, and with the wind at his back, guilty verdicts and prison for 3 innocent people. As things start to look better, it will become more important to look back and see just how close a call this has been. There are many others not as lucky.
Cash Michaels is an embarrassment, he does nothing but push a racial agenda, though he takes great pains to mask this fact.
His most recent piece, if it weren't taken seriously in so many corners is a joke.
The idea that he would need to question several legal scholars on the fact that you can't compel a witness to speak to investigators or that he alludes to the fact that if the other players don't talk to the AG's office, they are hiding something is pathetic.
I think the other players would be happy to talk to the AG team and will all say the same thing: no rape occured, the dancers locked themselves in the bathroom, we tried to get them to leave, things got ugly, we knew we weren't supposed to be having a party, drinking and hiring strippers so we it looked like the strippers were going to call the cops we left. Very simple.
I would have so much more respect for Cash if he simply stood up and said, this case is a travesty of justice, should never have been brought and should be dismissed. But of course, that would mean the white guys were innocent, and he cannot ever admit that.
Bess: aha, that might explain the rumors there could be even more charges coming. (That Bar complaint is so damning, how could there be more? And it is as clear and convincing as KC's best.)
Perhaps they are waiting for Feb. 5 which will deal with the "identification" issues in open court.
reading through this complaint, I don't see any way Nifong avoids being disbarred.
KC
I am under the impression that 4 were identified at the lineup but that one was proven to be out of state. Is that correct or an urban legend?
Somebody put lots of time into that thirty page laundry list of malfeasance. The specific dates and media sources involved lots of research, especially the video evidence.
It must have been IMHO from over at TalkLeft. Hahaha
gayle miller - concur with your points. But at this point, he must simply resign from the bar. I can't imagine his lawyer giving him any other advice. And fair or not, a public servant lawyer under the glare of publicity (but only under this glare of publicity) that his own actions have generated will be treated by the bar more harshly than, let's say, a struggling solo practictioner. Of course, Freedman, Nifong's lawyer, knows this. Tough time to be in Freedman's shoes. He's got 10 days to "prepare" a defense but he really is going to have to be a psychologist and counselor as well as a legal advisor. Advising a lawyer to resign from the bar is no easy thing. But the risks are too great for Nifong to proceed. By the way, I for one am glad that the Fong has a competent lawyer - it makes his inevitable punishment that much easier for the public to digest.
Interesting....not only is the Bar alleging Nifong withheld exculpatory DNA findings from the defense, it also alleges that he failed to have Meehan's conversation with them memorialized in writing to be turned over. Paragraph 299 of the amended complaint states that "Nifong's failure to provide the Duke Defendants with memorializations of Dr. Meehan's oral statements was a violation of N.C. Gen. Stat. 15A-902(a)(1)." FYI, that section provides "(a)(1) Make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term "file" includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. Oral statements shall be in written or recorded form. The defendant shall have the right to inspect and copy or photograph any materials contained therein and, under appropriate safeguards, to inspect, examine, and test any physical evidence or sample contained therein."
I agree, the complaint is the end, they are alleging both that he violated professional ethics and the law, there are too many specifics for him to weasle out if.
The thing that is so scary is if he had been a tad smarter, this would be a totally different case.
If, for example, he had admitted, as I believe, that the woman was a prostitute and that is why she lied about her recent sexual activities, and he was trying to protect HER privacy by lying, the national media would still be on his side. It is only his complete stupidity that has protected the defendants from possibly coming to trial and being found guilty of a crime they didn't commit.
He most likely would still have lost at trial even if he had not lied, but the tenor of the coverage would be totally different..it would be about white rich jocks raping poor black women forced into prostitution instead of about a rogue DA who broke many laws.
I would have so much more respect for Cash if he simply stood up and said, this case is a travesty that should never have been brought and should be dismissed. But of course, that would mean the white guys were innocent, and he cannot ever admit that.
The problem is, Cash and the NAACP knows that the stench is going to attach to all blacks, so they have to derail the wheels of justice, or blame it all on Nifong.
This is a serious complaint. It alleges that he not only violated the rules of conduct but several state laws, a specific court order and the U.S. Constitution.
I can't see how they can let him off with a slap on the wrist. If they don't throw the book at him over this then what relevance do they have as a governing body?
12:48
How does it serve the Black community to further fuel paranoia about white racism, that they can't trust the 'system' and that blacks never, never get justice?
Cash and the NCAAP are misdirected...I am sure that when the case is dismissed by the state prosecutor they will claim it was power politcs, and opine that 'now we will never know' what evidence Nifong had.
I for one hope when this debacle is finally ended that the ENTIRE case file is made public and that includes anything and everything in there about the alleged victim and her background, come what may, if that includes her psychiatric history, so be it.
I don't have the exact quote but early on Nifong -in Court- stated something to the effect he had only given about 15 interviews- according to him he arrived at this number after he looked at his schedule.
I know it is minor stuff compared to the other pts outlined in the complaint, but it seems it was a bold face lie to the court.
Could it have been included? Also lying to the court (under the watch of Titus and Stephens) does not reflect well on them.
Nifong's behavior makes the support he's received from blacks even more puzzling. Its hard to believe that this was the first time he lied in court. If he had the timerity to blatantly lie with the whole world watching; then he certainly lied in traffic court and in cases involving indigent defendants.
I wonder how many blacks have been convicted with Nifong as the prosecutor. I'm a black man and I'm really troubled by the blind support he's received to date.
Given the new allegations in the complaint, I cannot see an outcome that doesn't include disbarment and a recommendation that criminal charge be brought.
I agree that prosecutors often walk a fine line in their behavior, but usually it only extends to illegal coaching of witnesses and getting police to 'remember' details that they never witnessed.
Recruiting an independent third party to hide test results is so far beyond the pale it leaves me speechless.
12:56
This puzzles me also, I keep on going back to all the statements made by his colleagues about his reputation as ethical and honest.
It cannot be that this was his first dip into unethical and illegal behavior to save a case. While he may be stubborn and an ego maniac, as you say, the idea that he first decided to break rules in a national case with the best lawyers the state has to offer as defense counsel, makes no sense.
He had to have engaged in this type of behavior before, in cases with uneducated and poor defendants who most probably never knew about his doctoring of the facts.
12:56:
My sense is that people had invested so much into it that they are afraid of having been made to look foolish. I remember reading a quote from a black man in Durham who said that while he believed the accuser (of course), he added that if this turned out to be a hoax, it would be bad for the entire black community.
Likewise, we see the hard-core feminists like Wendy Murphy going to the mat to paint this as a rape case, when we know that is not true. The politics of race and rape demand that those making accusations never be proven wrong.
12:56 PM #1
"If he had the timerity to blatantly lie with the whole world watching; then he certainly lied in traffic court and in cases involving indigent defendants."
Good question. Also, how exactly does a prosecutor excel at his/her job by being fair-minded? This is a genuine, non-rhetorical question. If Nifong had "gotten away" with this kind of behavior in the past, how would anyone excpet the poor victim know?
I'm Anonymous from 12:56.
A few years ago I was my employer's representative in recruiting black candidates at schools like North Carolina A&T and a few others in the Greensboro area.
Seeing what has occurred in this case I'd be terrified to go anywhere near N.C. now. There were many times when I'd be trying to find a hotel at night and driving a rental car...no doubt I stood out and now I wonder how I was never pulled over.
Whoa, one of the charges is that Nifong allegedly made false statements to the State Bar itself (through their Grievance Committee) (1) as to his reasons for his agreement with Meehan to withhold part of the DNA test results from the produced report, and (2) about the fact that he didn't realize the DNA matches weren't included in the discovery previously turned over to the defense until Dec. 13th.
Bill, anyone looking at this case would see from the outset that it was a crock. Its too bad that the black community in Durham seems to have invested so much of its capital in this particular case.
Anonymous @ 1:03 p.m
that's an excellent observation. It seems to me that the NAACP should be making an effort to review the convictions where Nifong was involved as prosecutor rather than blidly support him.
In some states a resignation from the bar does not derail disbarment proceedings. This stops people from coming back a few years later to get reinstated. It also makes the disbarment a matter of record in case the subject applies for another type of state license (e.g., real estate). Does anyone know the law in N.C.?
I can't see Nifong resigning from the bar, I'm not even sure he will resign as DA until it is 100% clear that he cannot win his bar case and that after the bar, criminal and civil suits will follow.
The entire North Carolina legal community has been sending him smoke signals to give up the case and he ignored it. He has only himself to blame now that the train has left the station so to speak.
This has gone too far for a slap on the wrist and a timely retirement from public life. In order to save face for all prosecutors he has to be brought to justice, his action were too egregious.
Cash & Wendy are not concerned with the facts of the case, or even with the issue(s) of the case.
They are, as Nifong was, selfishly concerned with their own careers.
They are receiving a lot of attention (career publicity) for the strange assertions and comments they make regarding the case and this attention is furthering their careers, plain and simple.
12:56:
I'm a white woman and I'm concerned for all of the people, both black and white, who may have been convicted because of prosecutorial misconduct on the part of Nifong in the past.
Cash also neglects the fact that there was a key witness who was not a member of the Lacrosse team: the other stripper.
Cash isn't interested in the evidence.
When is the last article he wrote that mentions any of the fact of the case? Statements? Timetable? Witnesses? DNA results?
He doesn't go there anymore, all he can do is fuel race hatred by going back to the 'let's go to trial' and the everpresent white power conspiracy and victimization of all blacks at all times everywhere.
The prayer for relief at the end of the complaint requests that Nifong be taxed with costs permitted by law in connection with the proceeding. This basically means that the Bar will request from the Disciplinary Hearing Commission that Nifong reimburse it for the costs associated with this matter. The definition of costs varies from state to state. In California, for example, costs are necessary filing fees, certain court reporter fees, messenger fees, certain trial expenses, and much more, but not attorneys' fees. If North Carolina defines costs to include attorneys' fees (that is the attorneys' fees generated by the State Bar attorneys in connection with the proceeding)then that number could be huge. Does any North Carolina practitioner know this answer?
re "The Duke Professor"
thanks for the heads-up, Simon
I just finished perusing yesterday's threads, and I am convinced that this professor is indeed on the level. The Polish Jew whom he labeled a racist and sexist is Roman Polanski (hat tip to Simon). What's even more bizarre is his citing Donald Barthelme as one of his favorite writers (Barthelme wrote the intro to a book I edited). I think we have an interesting situation here.
Professor, how did you learn of my partner's presence on campus? Just curious.
BA: Is the term "feminist law" commonplace, or did you coin it? Love that term, because it rings true.
Cedarford: great background info on other thread. Wish someone would investigate the ACLU in a similar fashion--that's another feminist front organization.
RP
Can a lawyer explain how/when/where the sitting judge in the case could sanction Nifong?
Can he do this from the bench? Is a hearing required?
RP 1:26 PM
No, I did not coin the term, but as I see it, "feminist law" is an oxymoron.
KC -- it's time to do (one on) Linwood. The N&O have some interesting stuff about him today. I'd love to see what you can dig up.
This one-on-one meeting, revised story to fill the holes in the case, the Elmo stuff, his background, prior claims of lying on the stand...
The NCBar wasted no time in getting the amended complaint out. There are references as recently as Jan 16 in it. I can't help but think that this will make the eventual dropping of the remaining charges go down easier for some, but by no means all, folks.
That Nifong would continue lie to the bar in his response shows that he is not the sharpest Nif in the drawer.
To those who wonder if Nifong has done this (lied to railroad the accused) before, and why NC attorneys said he had a reputation for being fair.......He spent most of his time in traffic court! He has only been DA for a short time--has he actually handled any cases himself since he's been DA? He had a reputation for plea-bargaining cases--in fact, in his past experience (many years ago) handling some rape cases as an ADA, apparently his goal was never about getting convictions. One thing Nifong seems to have done consistently over his career is to make decisions based on what was easiest (or best for him)--not on what would produce justice. I think his reputation was based on the fact that he was willing to plea-bargain.....it certainly wasn't based on a track record of trying big cases.
Re contempt of court citations: Generally (not necessarily in NC) the sitting judge can discipline a lawyer on the spot for acts of contempt which occur in front of him (e.g. swearing at the judge or opposing counsel). Where evidence might need to be introduced or reviewed (e.g. to determine whether or not a statement made in court was a lie), a separate hearing would be held. Here a judge is not likely going to do anything more severe than the bar will, so I doubt he will act. But the trial judge in Clinton's case sanctioned him for contempt of court, as I recall, for the deposition testimony in addition to Arkansas bar action.
I looked over the new bar complaint (at least the first 250 paragraphs). It tracks what KC has been saying with specific instances alleged. In a May 18 open court hearing Nifong said, "I 've turned over everything I had." (paragraph 235) A real Clintonian prevarication. He could say that and claim he was telling the truth because he had already arranged for Meehan to give him a limited report.
His statements to the court on June 22 will be harder to wiggle out of. He told the court that he did not discuss with Meehan in the personal meeting anything beyond the contents of the DSI written report. (paragraphs 239-241)
Bill Anderson 1:03: "...Wendy Murphy going to the mat"? Yuck. Throw out that mat.
Correction. The quote was "I 've turned over everything I HAVE."
He also said to the court, that he was not aware of any exculpatory information and that the 'report' was 'all he had'...
This is a blatant lie since we now know the dates of his meetings with Meehan and Meehan has said in court, that he told Nifong of all the evidence and they agreed to keep it out of the report.
Unless his defense is going to be that he doesn't know the meaning of exculpatory evidence his goose is cooked.
I looked over the new bar complaint (at least the first 250 paragraphs).
From 259 on is where it gets good.
Luke @ 1:08 is right to highlight the fact that the NC State Bar Grievance Committee has included new charges relating to lying in connection with a State Bar disciplinary matter.
We learn today that Nifong has already submitted two letters to the Grievance Committee in an effort to rationalize his fraudulent actions - and now today's amended State Bar complaint includes new charges that he lied to the Grievance Committee in those very letters in the last three weeks about his prior actions.
In most States, this last charge is seen as perhaps the highest crime that can be committed by a licensed attorney. Let's hope that the NC State Bar continues to stay strong in seeking to uphold its honor as well as the honor and integrity of its state court system (the continued national media focus and spotlight, of course, can only help them in doing what is required).
Thanks to those who have suggested the foolishness of (some) of the black communities support of the case. In an era when two black coaches make it to the superbowl, when there are some brilliant acting performances by black actors (Forrest Whitaker eg)recognized by the Academy, this kind of response by elements of the black community is absolutely reactionary. They could have really taken the high road as several have pointed out rather than do the Revs Al and Jesse thing. I always figured injustice was equal opportunity issue--apparently not so. Sad--genuinely Sad
to ted at 224 from a non-lawyer/retired professor: were the "two letters" from Nifong or his legal counsel? I am trying to figure out had Nifong hired a lawyer yet or was he representing himself in these 2 letters? Any thoughts about this?
What I find interesting in the comments to this point, is a lack of the notice of the Bar Grievance Committee going on record as stating that Nifong violated the U.S. Constitution. This is practically an invitation on their part for the Feds to bring Civil Rights charges, as they have laid out the forensic arguments in spades as to Constitutional violation of the Civil Rights afforded the accused in criminal cases. This guy is more than toast, he is burned toast with rancid butter and moldy jam.
SULAX: The Bar is only interested in those matters that violate the Rules of Professional Conduct. The Const. Rights of the accused are not implicated explicitly by those Rules. That's a matter for a Court of Law to decide.
-Esquire-
-Maryland-
A black guy (Pete Williams ?) was just on CNN. Evidently he spent more than 10 years in jaol in Georgia(?) for a rape he didn't commit.
The Georgia Innocence Project got him released with, you guessed it, DNA.
Why is it that Cash, NCNAACP, et al want a trial? Are they no happy to see Williams released? Should they put him back in because the DNA doesn't matter?
Those people who push this to trial to either save face, save the illusion that all rape charges are correct, or advance their culture of aggrevement adgendas make me sick!!!
Time to drop the charges.
I mean, WTF ?!?
I have to give props to Kemper who I think is out of town. His predict was once again spot on. Kemper is obviously in the know.
Chicago: Yes, Kemp has been spot on every time.
-Esquire-
-Maryland-
Keemmmp, Kemmpppy, Kempster, Sir Kemper, The Bard of the Bar, Harbinger of Hope, forerunner of the fonganista... you are the man!
Now what you are seeing is defendant Nifong on the sacrificial spit!
From what I've read here and other places, those above him all the way to the Gov's mansion is littered with kibbles and bits of trash. ALL of it collecting fat monthly checks from the State as well!
Just a SWAG here, but I've got a feeling these folks want this thing dead dead and gone gone gone ASAP and if that takes an actual burial of MN it will happen! They want the BIG daily media our of Durham and quickly.
Those bright lights and feet in the street could start asking too many questions, digging up some corpses, of past deeds. Not that such would be a bad thing!
I'd almost bet that 100% of his co conspirators will get off scott free from any formal criminal investigation! (I would love to be very wrong about that). But we have seen the "club" protect their own before and cover up stuff, there is nothing about this case that is any different.
Be aware, keep digging up the flower beds and turning over stones, this is not over and if NC and in fact the nation is real lucky, the legal industry can get the light of day it deserves so that even jurors can see it for what it is/has become!
I bowed before the seer of Kemper before but am happy to do so again.
Lying to the Disciplinary Committee is a real no-no. A couple of the allegations are of intention, which are hard to prove or disprove. But the one where Nifong told the committee that he didn't realize that exculpatory lab results in Meehan's results had not been included in Meehan's report until the Defendants' discovery motion of December 13th is a whopper.
NC NAACP - Race-baits in order to validate, call attention to, herald, perpetuate etc. it own existence, even though its methods ironically push back the advancement of race relations.
Wendy Murphy - Rape-baits in order to validate, call attention to, herald, perpetuate etc. her own existence, even though her methods ironically push back the advancement of victims' rights group and rape prosecutions.
Selfish.
Duke09: Correct. That is the one unforgiveable sin in Bar Counsel matters. Just admitting you screwed up is one thing, but lying to Bar Counsel is something else entirely.
-Esquire-
-Maryland-
Esq MD 3:16
In this case the bar actually did accuse Nifong of violating constitutional rights as well as a NC law in relation to withholding the Meehan DNA info. It’s in Par 278 of the complaint.
3:58 - They noted it, but probably more as background than a cause in and of itself. The thing they are looking for is deceptiveness ("a crime of moral turpitude"). The Bar only really hammers a lawyer when he lies, cheats, or steals with a motive to do so (with "intent"). They will look for the act of trying to hide/lie about it as the violation, not the resulting Constitutional Deprivation. They'll leave that for a court of law to decide, and to craft a remedy. Thus, the Rules act as a shield for the general public, not as a sword for remedial purposes when the public is harmed.
Am I making sense, BTW? This is an area with lawyer-speak involved, and I am trying to lay it out in English to give you a feel for the process.
-Esquire-
-Maryland-
As I said a week or two ago:
Jailfong
http://www.ga-innocenceproject.org/breaking.html
After nearly 22 years a Georgia man is freed after DNA proved him innocent of rape.
Diphthong said on day 1 (or 6 or 12 or thereabouts) that DNA would clear the innocent. What happend?!?
Seems to me the only possible defense he can give is incompetance...but I'm not even sure that is plausible given the level of specifics he has cited as reasons.
3:53 PM - TC:
"Be aware, keep digging up the flower beds and turning over stones, this is not over and if NC and in fact the nation is real lucky, the legal industry can get the light of day it deserves so that even jurors can see it for what it is/has become!"
Perhaps soon, after attending a self-help group, Mike can talk to other at-risk people in the criminal "law" industry about their own destructive behavior. This would, among other things, salvage a picogram of dignity for defendant Mike and also turn over some long overlooked stones in NC.
BREAKING NEWS!
Where is Duff Wilson?
I assume (not an NC lawyer so someone correct me if I'm wrong)that the Bar charges must be proved by "clear and convincing" evidence. If so, and if Nifong disputes Meehan's testimony about what Meehan told Nifong and when he told him (which seems to be Nifong's plan, judging from his responses to the Bar charges), it seems to me that Meehan's testimony, without more, may not rise to the level of "clear and convincing" evidence. However, if one (or more) of the police officers who were reportedly present at the Nifong/Meehan meetings were to support Meehan's version of events, then that would not be an issue. That makes me wonder if the Bar investigators have already obtained statements from the police officers. It'll be interesting to see how this all plays out.
Where is Irving Joyner? (mister, "this will make the case stronger.")
Where is Cash Michaels?
Where is Wendy Murphy?
Where are the Duke 88?
Where are the new Duke 87?
Where is Jesse Jackson?
Where are the NC NAACP?
Where are the New Black Panthers?
Where is Broadhead?
Where are any of the enablers?
Esquire in maryland - you are once again spot on. But it would be an opportune time to mention that only a fool represents himself. And Nifong's letter to the Grievance Committee reflects that he took his own counsel, prompting the Bar to accuse him (correctly) of being dishonest about acts of dishonesty! (OK, I dont know for a fact that Nifong was unrepresented at the time, I just don't see how any competent lawyer would have let him make the representations he did). But I think the point is well taken - amidst all of his foolish acts, this one belongs at the top.
Jack 11:55AM,
The proper way to say that: is torpedo hit below the water line.
Or even better: a torpedo explosion below the keel.
Mike Nifong has already admitted that he and Meehan agreed to keep the other DNA out of the final report, he has said it was due to the privacy concerns of the players.
I would also think it much less likely that an uninvolved third party would commit perjury on the stand [Meehan], than that a DA would lie to save his own skin...Meehan has no reason to lie, in fact, if he was going to lie he should have simply said it was all his fault, his mistaken and kept Nifong out of it, the very fact of what his testimony included support the truthfulness of his version.
One of the things that seems obvious about these public bar complaints against Nifong is that the members of the disciplinary committee think the whole case is BS.
Bringing these charges while 2 charges still remain against the accused would be sure to influence public opinion (jury pool) – for the defendants. There is no reason that the public complaints could not have been held in abeyance until all proceedings were over.
The bar seems to be sending a very clear message that all proceedings against the defendants should be dropped pronto, because they think the kids were railroaded.
I'm confused by Gov. Easley's reported remarks about his regret over appointing Nifong as interim DA. As I understand it, Easley claims that the only reason he appointed Nifong was because Nifong said he would not run for the office. But it has also been reported that Nifong told his campaign manager that he needed three more years plus some number of months to qualify for retirement at full pension. If that's true, then why in the world would Nifong have agreed to the appointment as interim DA with an agreement not to run? If he didn't run, he almost certainly would not have been able to remain employed in the DA's office, because the new DA would not have wanted him around (especially if the new DA was his enemy Freda Black). If he had quit or was fired in 2006, he would not have been able to maximize his pension. So basically, if Nifong accepted the interim appointment, then he had to know he was going to run (or accept a reduced pension, something he seemed not to want to do). Am I missing something? Did Easley lie to the media, or did Nifong lie to Easley?
I think everyone with a brain in their head can see the entire case is nothing but a fabrication.
I tend to think Nifong's conduct was so over the top, and given the fact that he seemed ready to keep on lying, hiding evidence and making things up as he went along, they might believe it is in the best long term interests of the NC legal community that he be stopped before he could do any more damage.
I've never heard of a District Attorney association publicly calling on a sitting DA to recuse himself from an ongoing case either.
Instead of folding when he had the chance to get out relatively unscathed he has kept on upping the ante, and now it's time to pay off. Nifong is going to pay with his career and deservedly so.
If I had to guess, though I know nothing about Easley and this information is a little late in coming out, I would tend to think that Nifong lied to him.
Esq MD 4:06 PM
You’re being perfectly clear. In the par 278 that I mentioned the complaint cites the NC statute, the ethics rule number and the constitutional violation. They clearly state that Nifong violated all 3.
What I think you have here is a bunch of REALLY pissed of members of the ethics committee. Nifong is making their whole state legal system look like a farce and they’re looking citing everything to really trash the guy.
johnboy -
Perhaps the Bar made a conscious decision that charging Nifong meets an immediate need to take the heat off. Or, political considerations (read Easley) trumped influencing public opinion. Does anyone know who's the power behind the Dems in NC and could be the master puppeteer?
dl
4:29 - Oh, on that I agree. He stepped where angels dare not tread when he lied to the Court and conspired to hide Brady Materials. He embarassed the State of NC, and now it's time to dish out the just desserts he so richly deserves.
I would say they want this case to evaporate sooner rather than later. Coman would need his head examined if he places the accuser on the stand and asks her questions. Subornation of perjury is also a violation of the Prof. Rules.
And he knows that as well.
-Esquire-
-Maryland-
This case is so over it is silly to waste further time on Nifong. He is as evil as it is possible to be.
The focus now should be on the enablers who are hoping this will all blow over after Nifong is crucified.
Rape advocacy groups are supposed to advocate for rape victims.
There is nothing wrong with believing a woman who says she was raped and calling her a victim.
Most women who say they were raped really were raped, and rape is still a very misunderstood crime, with victim blaming being the more typical response.
This case is completely abnormal, most women have trouble getting prosecutors to take their cases when it is a he said/she said case, this case, where it is she said/all the evidence says otherwise is atypical.
Not all advocates are like Wendy Murphy, though I agree the talking points, especially since they were filled with FALSE statements, did not belong on anybody's web site.
Note to self: do not f*** with Cedarford! On behalf of taxpayers everywhere: THANKS
drj 12:30,
Prosecutors are an ugly bunch. With so many laws on the books every one is guilty of something.
So the only thing standing between you and jail is prosecutorial discretion.
When you get situations like the Rampart scandal in LA wher the prosecution and judges have to know the police are lying it is worse.
In my opinion OJ got of because the LAPD had a reputation for lying. The defence played off that factor.
4:42 PM
"Most women who say they were raped really were raped..."
Which needs to be established under proper due process of law. When Nifong's and Murphy's are involved, nobody, including you or I, could possibly want to see that kind of "due process."
And, there are many Nifongs and Murphy's out there, looking for the next victim/opportunity. Agreed, Nifong and Murphy are atypical, but only because they are so absurdly extreme. But what of the slightly less extreme prosecutor? A non-functioning system of "justice" helps nobody.
Pretty much everyone's interests are now aligned in seeing Nofing burn. There are a few who will cling to anything they can, but soon, even they will realize any association with him just makes them come off badly. They are likely to just silently slink off from whence they came, or at least to try to do so. Maybe a few will try to exploit this by continuing to spew forth insanity and doubtless, there will be those who don’t draw any lessons and even manage to maintain some sort of alternate view of what “really” happened – but most will realize the boys never did anything.
How far will the cleansing go? What will happen next? I don't imagine there is any desire to postpone the hearing on Feb. 5th -- expect this to be the end of the prosecution of the boys. Then things could get interesting. Durham PD should be up next.
Well deserved, couldn’t have happened to a nicer guy J.
That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
This is the issue at hand -- who would consent to the sorts of abuses we have witnessed? The whole idea of the rule of law is predicated on the notion that society is better off having an imperfect system than in having vigilantism or tribalism, but in the end the need is for a system of justice. If there is even the perception of systemic injustice, where does this point? Not a good way to impress the voters.
It is in everyone’s interest to show that the system is self-correcting and to bring this to resolution. Unfortunately, the interests of many are going to be to have this all end with one rouge DA, one bad actor. Fortunately, there will be civil suits. This whole affair has been very harmful but seeing it through to some reasonable end will be beneficial.
To Retired Prof @ 2:33 and 4:15: the N&O reported that David Freedman, Esq. was hired by Nifong at least as of 1/12, but likely before that. Para. 280 of the Amended Complaint states Nifong's letters to the Committee were dated as of 12/28 and 1/16 (with the second being requested by the State Bar's counsel - a sort of legal "no he di'nt...just lie to the Committee twice!"). So, while it's possible that the first letter was written by Nifong w/o advice of counsel, it seems unlikely.
Freedman is now in the uneviable position of having to try to defend the indefensible (think defense table at the Nuremberg trials) - and they will need all the extensions they can get.
Btw, see the discussion of withholding DNA evidence and Nifong's invocation of his laughable 'privacy defense' from para. 280 forward in the Complaint. Reading the ease (and perhaps glee?) with which the Committee shreds and obliterates such nonsense is simply delightful.
Ted @2:24
to 4:14
Nice list! and where is CNN? the only major news.com which doesn't have this front page all day.
The dynamics of this case continue to astound me. The view of the government and its prosecutors has shifted 180 degrees. The NAACP gives a prosecutor their unconditional support, and conservatives their sound disapproval. The world has truly gone mad.
Sheep sleeping with lions tomorrow, perhaps.
-Esquire-
-Maryland-
attaboy johnboy!
I think the complaint sends a couple more clear messages:
Paragraphs 275 and 276, in the context of 270, are a sharp rebuke of the Herald-Sun's Cliff's Notes snipe.
The concluding numbered paragraphs, 290 and 290, are a nice complement to the conduct of the defense team.
KC: Have you been following the alledged rape case in Hartford, CT? The accuser's name has been withheld (by order of the judge), but after making her accusations of rape, she later recanted.
She is now up on the charge of making a false statement to the police!
Not many people outside of Hartford have heard about this case, and there are some interesting twists vs the Duke case.
The accuser is WHITE.
The accused are BLACK.
The charges were dropped against the accused upon the recanting.
A black group (perhaps the NAACP) was so outraged that nothing was being done to charge the false accuser that they raised holy hell.
Subsequent to this outrage, charges have been filed against the false accuser!!
Two cases running contemporaneously with the race issues reversed -- Will Rev. Jesse Jackson, the NAACP, the New Black Panther Party and/or any of the G88 or Rump Group be advocating for prosection of the Duke accuser when the remaining charges are dropped?
I wouldn't hold your breath!!
4:53
I have been very, very disappointed in the rape advocacy community.
I am a big believer in supporting rape victims and if this was a case of her testimony alone vs. the testimony of the suspects and nothing else I would agree she deserves her day in court.
But this is an obvious, blatant, ridiculous fraud. It does not help anyone, least of all rape victims, to have the entire class of supporters, advocates and victims painted as unreliable, crazy feminist, man haters.
If there ever was a case where a rape victim's advocate like Wendy Murphy should feel 100% safe in criticizing the case, this is it.
No matter who you are or what your issue is, if you are not able to confront clear breaches of conduct, then you help no one.
What Wendy Murphy is doing has not only made her a laughing stock, and disappointed people like myself, who believe she does try to fight the good fight, but she is making it easier to dismiss the next woman who may be a real victim of rape by college clasmates, athletes or anyone else.
4:16
below the keel is just a lot of water.....
you should have stopped at below the waterline.
The difference in the Hartford case and this case is the woman said 'a black man raped her' she didn't pick anyone out of a line up or stick to her false story for almost a year.
She admitted fairly early on that she made it up but says she was really raped by an acquantance, which is why the police weren't going to charge her.
The black community will NEVER supporting charging this woman with making false charges and it will simply not happen...she will be treated as a 'victim' of Mike Nifong and face no consequences. Though I suppose being a 27 year old bipolar stripper with a long mental history and alleged history of substance abuse escort without a college degree, three kids to support with no baby daddys in sight, two false rape claims to your credit, a criminal record and no known talent or prosects beyond sex and lying might be enough punishment.
KC: Have you been following the alledged rape case in Hartford, CT? The accuser's name has been withheld (by order of the judge), but after making her accusations of rape, she later recanted.
Can you give us a link to the story?
I think all the details need to come out.
5:05PM #1
Amen. Thanks for your insights.
Ok, here it is:
Arrest warrant issued over false rape accusation in Connecticut
What I think you have here is a bunch of REALLY pissed of members of the ethics committee. Nifong is making their whole state legal system look like a farce and they’re looking citing everything to really trash the guy.
4:29 PM
The focus now should be on the enablers who are hoping this will all blow over after Nifong is crucified.
4:41 PM
And, there are many Nifongs and Murphy's out there, looking for the next victim/opportunity. Agreed, Nifong and Murphy are atypical, but only because they are so absurdly extreme. But what of the slightly less extreme prosecutor? A non-functioning system of "justice" helps nobody.
4:53 PM
*******************************
We are getting into the REALl meat here!
THOUGHT:
Did Nifong committ what amounts to job suicide? Throwing himself upon a sword intentionally to open up this trash bin of NC justice and politics? Could it be that as dispicable as his acts have been there was an intention behind them to NAIL Coopers coffin and destroy his ability to become the next Gov.?
Could it actually be that Nifong should be held up as a hero? (Well of course not yet, but only when the whole can of beans spills out into the streets).
I suppose only time will tell.
*******************
Note to self: do not f*** with Cedarford! On behalf of taxpayers everywhere: THANKS
4:51 PM
*****************
Thanks to Cedarford as well! CUZ these do gooder oirganizations of all kinds waste and use OUR money's targeted purposes that have little to do with the general welfare of the people they purport to support.
As to burden of proof for the Bar case: Meehan's statements were admissions against interest. That kind of statement typically is granted a very substantial weight in all legal proceedings, as there is no reason to lie in a way that harms your position. No oned does that unless they are really, really, really stupid (admittedly Meehan appears to be so for agreeing to go along with this BS).
There are 2 easily crafted statements that would have exonerated Meehan: "I sent the full report and have no idea how that information wasn't there. 'Someone' must have altered the report." or "I thought that I had included that information, but there appears to have been a serious mistake in the report and the information wasn't provided." Both of these mitigate any criminal penalties that he would face (the first being rather harder to prove, but still) and reduce professional damage (absent minded DNA tech isn't a great reputation, but doesn't kill you as bad as conspiring to obstruct justice).
Meehan chose the worst possible explanation of the report for himself. He's opened himself up to serious civil and criminal liabilities. That testimony is going to haunt him and Nifong for years, and will weigh heavily in every venue that it is considered. Nifong will have to PROVE that he wasn't part of the conspiracy, rather than just denying it. That's the sort of statement that usually produces 5th amendment refusals, rather than off handed admissions to RICO violations, Federal Civil Rights violations, and State Felony violations.
Police: Woman Filed False Rape Claim
I think M Nifong should get a brain MRI, maybe he has a metastatic lesion from his previous prostate cancer that is affecting his reasoning ability and sense of moral clarity.Or maybe some other lesion. Maybe that would explain his alledged angry outbursts and the discrepancy with his former good reputation. Then his actions would just be pathetic instead of henious. Stranger things have happened.
Nifong has done for prosecutors what Wendy Murphy has done for rape advocates..opened up the whole profession to ridicule and suspicion.
If some clearly not very bright just elected former ADA can singlehandedly railroad three absolutely innocent college students..let us remember, they still have decades of prison time hanging over their heads...
Dear god, imagine what a competant DA could do to pervert the course of justice?
I am pretty prosecution friendly and believe that most times the police have the guilty person, and that very few innocent people are wrongly convicted...most of those the result of misidentiifcation by witnesses, not police misconduct, but this case makes you wonder about the whole system.
If it's this bad in Durham North Carolina, what's it like in LA and Chicago?
5:20 - Maybe criminal defense attorneys aren't so crazy after all?
But to be honest, in most cases they are pretty good people, and try hard. This is an outrageous case, and like anything else, there are bad apples. I can say that the vast majority of prosecutors I know would have never sought indictments against these Defendants given the accusers various stories and lack of physical evidence. If they had, they certainly would not conspire to hide evidence, and would have dismissed the charges ages ago.
So, don't go Murphy on us and go totally overboard.
-Esquire-
-Maryland-
I think Nifong could not handle the BIGS. What passed as fair compedency in traffic court, killed him with the real trial lawyers. I know he does not have to answer a motin, but clearly that task was beyond his limited abilities. Whose crying now?
Hmm. See, now you've got me thinking.
Murphy's Law: "If anything is said to happen involving sexual assault, even twenty different ways, it must have happened twenty different ways if a female says it did because females never lie about sexual assault."
-Esquire-
-Maryland-
I take a pretty dim view of most criminal defense attorneys, and I'm not sure that the prevailing methods of teaching lawyers to be basically amoral, truth doesn't matter, it's beside the point, what matters is admissability and provability is really good for the system.
Over time defense attorneys have been given more and more latitude to make wilder and wilder claims, while most prosecutors not named Mike Nifong are severely constrained by a host of precedents and laws designed to protect the accused.
I remain completely in awe of what Nifong's end game was. Did he truly believe he could seat a jury so racist that he would get convictions? Did he always intend to drop the case eventually? What was his plan?
(Hartford, CT-AP) January 19, 2007 - Authorities in Connecticut plan to file charges against a white woman who admitted making up a story about being raped by a black man in a Hartford park.
Police initially said they would not prosecute the woman. But after black leaders complained that she had perpetuated a dangerous stereotype, police changed their mind.
An arrest warrant has been issued for the woman on charges of making a false report. That is a misdemeanor that carries a maximum penalty of one year in prison.
The woman told police she was raped last November by a gray-haired black man who was about six feet tall and weighed between 250 and 300 pounds. But she was uncooperative in subsequent interviews and later recanted her story
I really like Dan Adams show. I would like another male attorney show - get NDLAX. The not shaven open collar look is not for Dan. He is a tie and suit guy.
5:31 - Nah, most criminal defense attorneys are pretty good Joes as well. The ones in this case are pretty indicative of what they are like normally.
Never work from the lowest common denominator. Good rule of thumb.
-Esquire-
-Maryland-
Another whoa on my part. Read Paragraph 205. It states: "Nifong sought and obtained (the Finnerty and Seligman) indictments after receiving the preliminary results from Dr. Meehan and despite his office's prior represntation in the application for the NTO that the 'DNA evidence requested will immediately rule out any innocent persons.'" One could read that sentence as a disapproval by the Bar of bringing any charges against Finnerty and Seligman following notification by Meehan's lab that there was no match between their DNA and the DNA collected in the rape kit, and also that the rape kit contained DNA from up to four different sources. Am I reading to much into this?
anon. 4:25 PM,
Saddam was given the same offer. Go quietly and retire in France.
Some people would rather have one more minute of power and control (catch phrase don't you think?) that retire to a life of luxury where it is harder to order people killed on a whim. Or kill them personally. Noriega was given a similar option.
The alpha male loves that testosterone rush.
When Kissinger said power was tthe most powerful aphrodesiac maybe he wasn't just talking about attracting women. Better than Viagra?
One wonders how he ever passed the bar.
What possessed him to make DNA a lynchpin in the first place? Not all rapists leave DNA evidence. He must have known the woman said no condoms were used, but he also knew the first round of tests didn't yield any DNA. You would think the prudent thing at that time would have been to stop talking about DNA, instead of continuing to blab about it and demand further tests. Then, when your futher tests not only ruled out all the Duke players, he STILL could not stop himself, and had to give interviews saying that if the media had seen the full DNA report it would give a different impression.
Ya, it would give the impression that the woman had positively lied about her last sexual encounters and that he had positively lied about her 'injuries' from the alleged rape.
Maybe he does have some kind of mental disease
5:18 Thats the answer-makes sense It took ten months for someone to restrain him. Once challanged, he folded easily. Bannon's cross with Meeham probably woke him up. Wow!!
" we're not in traffic court anymore, Dorothy".
5:14 Hey -
There's one other way Meehan could have spun it.
"I included all the test results. Nifong wanted an executive summary that only had the most important facts in it - he listed the facts he wanted, and he wanted that ASAP. That's what I provided. I kept waiting for him to ask for the complete analysis. He didn't ask for it. That's why I'm here today, to give you the complete analysis."
Cedarford 4:35pm --
> The [NSVRC] spokesperson [told me by phone] they will look into my charges and request to take the publication down as a violation terms of CDC grant #H 28/CCH317184-05 (issued to the Pennsylvania Coalition Against Rape, which gets 13 million in CDC money and certain state funds to do activities which include running NSVRC and paying all NSVRC expenses).
Emphasis added. Wow, if confirmed, that is a major investigative find! An organization that takes advocacy positions and gets federal grant money can say, "well that dough came from a different source." But if essentially all NSVRC money comes from the CDC and like agencies--they have a problem...
4:29PM,
It is almost as if they are inviting the Feds in. Making the case for them in a legal document that comes under the strict scrutiny doctrine: the blogs are watching.
Here is the pdf version of the Amended Complaint, courtesy of the N&O.
I see the opposite, they are trying to clean house so the Feds don't get involved. I don't think the Feds want any part of this case and I don't see them getting involved.
Nifong will be sanction or disbarred, he will be forced from office one way or the other and the AG will drop all charges against the defendants. The alleged victim will go back to stripping and 'escort' work and that will be that.
Luke: No, they dislike him that much right now. That's the back handed way of saying he abused his discretion and power.
-Esquire-
-Maryland-
Svolich said... 4:30PM
1:42 - he worked as a regular ADA until he got prostate cancer in 1999. That's when he started with the traffic court.
uhh.hawaii.edu/~eeoaa/article4-12-06_2.html
The lab told him they had found "Y" chromasones and he assumed it was the teams. Like most of everything he has done,he was sloppy. He made statements prior to investigation. Its the brain disease.
With the publishing of this bar complaint, for the time since the hoax was effected, vestiges of justice and equity have finally surfaced and the NC legal system has taken a solid step forward in restoring public confidence.
Looking forward to more steps in the right direction expeditiously.
a couple more questions from a non-lawyer/retired professor: When you get to the end of the bar document (wheretofore), I have a few comments or questions. It states: "2. Defendent be taxed with the costs permitted by law in connection with this proceeding." My question: How does NC define "costs"? Since Nifong's paying some of the "costs", wouldn't this be an incentive for his lawyer to plea bargain for him - cut a deal?
Also the bar complaint states (near the end of the document again): "3. for such other and further relief as appropriate." What does this mean? For instance, could it include paying for the additional expenses the defense incurred since Nifong played a shell game with the exculpatory DNA?
Let's not forget about Monika Johnson Hostler who:
1)Was on the Durham Sustains listserve that organized the protests
2)Made inflamatory statements in the media
3)Has a statement on the NSRVC wbesite
4) has recently made false statements to the media about police departments forcing rape victims to take polygraph tests
5) Fronts another rape survivor advocacy site with some very anti white statements on it NAESV
Coming soon she is on a panel with Wendy Murphy at the Poynter institute on the subject of talking about rape to the media.
The NAESV statement below
The history of rape in the United States is a history of racism and sexism intertwined. Rape was an important tool in white colonists’ violent efforts to repress Native nations. During slavery, both white and black men raped black women with impunity. After the Civil War and during Reconstruction, white mobs lynched numerous black men based on trumped up charges of sexual assault of white women, and the specter of lynching terrorized the black community.
Popular media in this country continue to perpetuate racial stereotypes, particularly about women of color. Portraying black women and Latinas as promiscuous, American Indian and Asian women as submissive, and all women of color as inferior legitimates their sexual abuse. Portraying men of color as sexually voracious and preying on innocent white women reinforces a cultural obsession with black-on-white stranger rape, at the expense of the vastly more common intra-racial acquaintance rape.
Although the data is limited, many women of color appear to be at greatest risk for rape. A nationally representative survey indicates that while almost 18% of white women and 7% of Asian/Pacific Islander women will be raped in their lifetimes, almost 19% of black women, 24% of mixed race women, and 34% of American Indian and Alaska Native women will be raped during their lifetimes. Additionally, undocumented immigrant women who are raped often cannot turn to the authorities because they fear deportation. Moreover, they often lack linguistically appropriate and culturally relevant victim services within their communities.
We at the NAESV know that only by aggressively addressing both racism and sexism will women of color and white women be able to obtain real justice for the sexual crimes we suffer. To that end, we call on everyone, particularly creative people working within popular media, to reject and subvert racial and sexual stereotypes. We call on the press to cover more intra-racial acquaintance rape as a serious social and public health crime.
We must also take responsibility within our own ranks. We call on anti-rape organizations and allied activists to work actively to end racism. We must not use or perpetuate racial stereotypes in working to end violence against women. We also call on anti-racism organizations and allied activists to work actively to end sexism and sexual violence. We must not use or perpetuate sexual stereotypes in our work to end racial injustice.
"Every day for five months, there were cameras rolling and I had to make sure my slip wasn't showing, my hose wasn't running," she said. "But Mike has never had that kind of case. He doesn't have that experience. For the last five years I worked there, he was actually negotiating traffic tickets."
Mr. Nifong, who likes to play the guitar and sing in his down time, negotiated traffic tickets when he scaled back to administrative work after learning he had prostate cancer in 1999. He said he wanted to spend more time with his wife, Cy Gurney, an administrator for a program for abused and neglected children, and with his teenage son.
uhh.hawaii.edu/~eeoaa/article4-12-06_2
I think Nifong couldn't handle the Rush.
Nifongs behavior is just another reminder to me as a lawyer in NC not to get too big for my britches and practice law with humility no matter how much success or money I make in my practice.
The guy was arrogant and that caused him to make mistakes that he made worse by trying to cover up and lie to get out of them. You just cant get away with it with rich defendants and big time defense lawyers.
Obviously, from TV and this case, never take a plea bargin when you are innocent. The DA is not your friend.
I don't really have a problem with that statement except that it conveniently leaves out the fact that in reality, the rate of blacks raping whites is several times that of whites raping blacks. Society's unwillingness to confront in a meaningful way the raw statistics about crime and ethnicity allows many negative trends to continue unabated.
Rape is a big problem, I'm not so sure racism and rape should be tied together this way since as they say themselves, the vast majority of rapes are between people of the same ethnic background, so racism is a non factor.
re Cedarford's 4:35 post
IMO, this is the best example of citizen advocacy on this board.
"Kill him good, Marv"
from "Sin City"
RP
I may be naive, but outside of traffic court, I doubt many people plead to crimes of which they are innocent.
5:51- It means he pays all costs for the proceedings, including (I suppose) court costs, etc. This term has different meanings different places based on statute.
Further relief means punishment. It's an inclusive measure, so the drafter will not be solely limited to what he requests, but instead leaves it up the reviewing tribunal to decide what additional measures it deems appropriate under the facts proven. That would include, though I do not have the text at hand, disbarment, suspension, reprimand, or placement on inactive status.
-Esquire-
-Maryland-
The only way to clear this case from political considerations is that Nifong has to take one for the boys.
Jail time - he gets to keep his pension. I think it is a deal he couldn't refuse.
Can violations of the Constitution be punished in a State Court? If so if he takes the conviction the Feds might decide justice had been served.
5:59 - Oh, they do. People confess all the time to crimes they don't commit as well.
-Esquire-
-Maryland-
Can't see Nifong actually going to jail. Hopefully he loses his pension, since I also hope that the Duke students sue Durham for all it's worth
5:59
That just is not true. I know you find it hard to believe, but I am quite experienced in writing about criminal cases and have talked to a large number of people, some who pleaded guilty because they did not have the resources to fight the state, and because they figured it would be cheaper to give in and get a small sentence, than to take the chance of being convicted and being in prison for decades.
Again, I know many readers just cannot believe this, but it really is true. There is much more I could say, believe me.
5:05PM,
It is a faith for Wendy. She is a member of the one true church. To give up the faith would lower her social standing and deny her a place in heaven.
Personally I have faith in doubt.
Damn, I hate being scooped. Hard to hear anything on a ship in the gulf of mexico.
Seriously, I am VERY surprised that they admended the complaint, this is NOT good for mikey.
TOAST. or as the last Ann Richard's said just before she lost, but a fork in him done.
Kemp
6:11
Are these people really 'innocent' or were they at the scene of the crime but not involved in all the criminal acts so they may plead to some to get a reduced sentence?
I can't understand someone being completely 100% factually innocent, e.g. not at the crime scene, not involved in the crime or with any co conspirators who would plead guilty.
KC,
IT IS ESSENTIAL that you dedicate a post to profiling false accusers.
RP
To 5:52:
Very well said. Thank you for sharing your insight and providing useful recommendations.
Welcome, as well, if you have recently joined the discussion in DIW.
Quinn
To 5:53
Nifong is a classic case of the "peter principle":
From Wikipedia, the free encyclopedia
(Redirected from Peter principle)
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For the sitcom, see The Peter Principle.
The Peter Principle is a colloquial principle of hierarchiology, stated as "In a hierarchy every employee tends to rise to his level of incompetence." Formulated by Dr. Laurence J. Peter in his 1968 book of the same name, the Peter principle pertains to the level of competence of the human resources in a hierarchical organization. The principle explains the upward, downward, and lateral movement of personnel within a hierarchically organized system of ranks.
John Stevenson's H-S article on the ammended charges adds nothing to the discussion, but he did repeat one of Nifong's statements that I find ironic now:
"Nifong's only comment Wednesday was succinct: "What I have to say, I'll say in the courtroom."
I would ask defendant Nifong -
'Sir, given the Amended Complaint which deliniates several instances of your lying in Court, do you really think it's a good idea for you to open your mouth at all?'
;>)
Welcome back Kemp, you were missed.
i think what happened here is nifong worked as an assistant for 25? 30? years doing plea deals, then he was appointed DA and was in way over his head.add in this case and an election and BAM, a total meltdown
Shouldn't someone remind him that he believes innocent people don't need to hire lawyers?
Can anyone tell me if Nifong's response to the bar complaint will be public record as soon as he files it or not?
To Bill A. re: plea bargains. I well remember seeing the Frontline program on the Little Rascals atrocity, the agonizing decisions centering around accepting a plea bargain, etc. It literally gave me a nightmare that night.
6:15 wants to see Professor Johnson edicate an entry to what criminologists have to say about profiling false accusers.
How much do you want to bet that IQ and race are part of the profile?
LOL
from the non-lawyer/retired professor: WRAL.com has the 26 minute video of the hearing posted at their site.
IQ maybe but I doubt race.
From what I gather most false accusations tend to be the typical 'rape', e.g. the woman says she was raped by a stranger or strangers, it was violent, she struggled mightily, but couldn't prevent it....just like what this woman says.
False accusers also tend to be emotionally unstable, many are younger girls, who say 'the X man raped me' to get out of trouble, etc.
Please remember that false rape accusations are in reality very, very rare according to all reputable data that exists. There is a big difference between a false accusation, such as we have in this case, and an accusation that may not be provable to a jury, as is the case with most rapes which involve people who know each other and often a degree of consensual contact prior to the rape.
6:11PM,
I believed you even before you said it.
The way criminal law is administered in this country is a disgrace.
Newsflash: Mike Nifong resigned from the Soylent Green Corporation today after allegedly revealing company secrets and proprietary recipe's. Company spokesperson Wendy Murphy assured shareholders and the general public that Soylent Green remains a healthy and wholesome part of the American diet and that all rumors were unfounded. A government spokesman concurred. Soylent Green Corporation stock declined slightly with heavy trading. In other news, a cold front....etc..etc...ad nauseum.
This case is really scary, not just for the specific evil actions of Nifong, but also because it points out how truly flawed our justice system has become.
Defense attorneys routinely lie to the court, and are rewarded for their dishonesty with more clients, more money and recognition. We have all come to expect this. But now we have to worry about low-class, headline grabbing prosecutors who abuse the system for political gain.
And where are the judges in this case? They have enabled Nifong every step of the way by not stopping this travesty. It's amazing how all the sleazebags (lawyers) in the system protect each other and the public be damned.
I agree both judges have performed disgracefully. How many motions did the defense have to file to compel discovery before the judge ordered it?
6:15 PM,
Prohibition crimes because of their very harsh sentences generate thos kind of cases.
Plus they generate snitches: people up on charges turning other people in for lighter charges, money, or drugs.
Some people turn in innocents to make their quota.
I won’t go as far as saying the loopy stuff being taught Duke and other Universities is the same as throwing gas on the fire. The Gang of 88 are those useful idiots. The following example is more akin to placing the logs to ready them for gas and a match. This is the pap that, in my opinion, sets the framework for events such as this one. Durham citizens and students are conditioned to buy-into steaming piles like this...
Race, gender, and class warfare apologists like to add and change meaning. Is there more to a painting or do certain people divine text from images that don’t exist to serve collective political ends?
I have no idea of Dr. Wood’s involvement one way or the other with recent events at Duke. But I do find the following critique endemic to the larger problem(s) associated with race, class welfare, and gender studies b.s. being jammed down students throats. This approach sure isn’t solving any problems…it’s time for reform, on every campus. The effort to drive race politics isn’t limited to rape trials…
The Gulf Stream, Winslow Homer
Winslow Homer’s own words:
“You ask me for a full description of my Picture of the “Gulf Stream” – I regret very much that I have painted a picture that requires any description – The subject of this picture is comprised in its title…I have crossed the Gulf Stream ten times & I should know something about it. The boat & shark are outside matters of little consequence. They have been blown out to sea by a hurricane…” – Winslow Homer, a reply to a request to explain the painting “Gulf Stream”
Duke Professor’s book reviewed (Amazon):
“In “Waiting in Limbo; A Reconsideration of Winslow Homer’s The Gulf Steam” Peter Woods, ties the painting to race and slavery and colonialism. “Perhaps no other American painting is at once so familiar and so little understood as Winslow Homer’s The Gulf Stream (1899). For more than a century, scholars have praised the artist and yet puzzled over this harrowing scene of a black man adrift in the open sea, in a derelict boat surrounded by sharks. Critical commentary, when it has departed at all from the painting’s composition and coloring, has generally viewed The Gulf Stream as a universal parable on the human condition or as an anecdotal image of a coastal storm.
There is more to this stark masterpiece, says Peter Wood, a historian and an authority on images of blacks in Homer’s work. To understand the painting in less noticed but more meaningful ways, says Wood, we must dive more deeply into Homer’s past as an artist and our own past as a nation. Looking at The Gulf Stream and the development of Homer’s social conscience in ways that traditional art history and criticism do not allow, Wood places the picture within the tumultuous legacy of slavery and colonialism at the end of the nineteenth century.
Viewed in light of such events as the Spanish American War, the emergence of Jim Crow practices in the South, and the publication of Rudyard Kipling’s epochal poem "The White Man’s Burden," The Gulf Stream takes on deeper layers of meaning. The storm on the horizon, the sharks and flying fish in the water, the sugarcane stalks protruding from the boat’s hold—-these are just some of the elements in what Wood reveals to be a richly symbolic tableau of the Black Atlantic world, linking the histories of Africa, the Caribbean, and the United States.
By examining the "present" that shaped The Gulf Stream more than a century ago, and by resurrecting half-forgotten elements of the "past" that sustain the painting’s abiding mystery and power, Wood suggests a promising way to use history to comprehend art and art to fathom history.””
6:44 footnotes
Kimball, Roger, “The RAPE of the MASTERS, How Political Correctness Sabotages Art”
Peter Wood, "Waiting in Limbo: A Reconsideration of Winslow Homer's 'The Gulf Stream'," in The Southern Enigma: Essays in Race, Class, and Folk Culture, ed. Walter J. Fraser Jr. and Winfred B. Moore Jr. (Westport, CT: Greenwood Press, 1983): 75-94.
GPrestonian 6:22 PM,
"Nifong's only comment Wednesday was succinct: "What I have to say, I'll say in the courtroom."
Do you know if bar hearings are done in a courtroom?
Stupid question alert:
HOW did the defence know, that all the information regarding DNA, wasn't provided? How did they know about the exculpatory evidence, initially?
6:35 retired professor/non lawyer
thank you.
Mr. Pepsi
4:57 PM
Esquire
"Sheep sleeping with lions tomorrow, perhaps."
Unfortunately, the sheep are to dumb to know that they will be eaten by morning.
MGM
6:49pm m. simon:
"Do you know if bar hearings are done in a courtroom?"
LOL, is he being evasive again? The hearings are not in a 'courtroom' per se.
Or was it a Freudian slip, indicating conciousness of the probability of his future criminal Court appearances?
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