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Comments and analysis about the Duke/Nifong case (2006-2014).
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Blog Archive
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2007
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February
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- Nifong Targets FODU!
- Cliff's Notes of Nifong Response
- WRAL: Expect Nifong Defiance
- More on the CCI
- CCI: DOA?
- Latest Bombshell Motion
- The Group of 88's Imagined Reality
- More from Stephen Miller
- Chafe's Embarrassment
- CCI Commentary
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- Lacrosse Wins First Game Back
- Admissions and the Trustees' Dilemma
- No Surprises from the CCI
- We're #2! (of 2)
- The Piot Principle
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- Double Standards
- Nifong Delay
- Nifong and the Special Prosecutors
- SI Disappointment
- Questions and Answers
- Only in Durham
- Joyner's Jurisprudence
- Arrest in Rape Case
- Graceless
- Sunday Review
- More Airbrushing
- Condemned to Repetition
- The Potbangers Airbrush the Past
- When the Potbangers Were Riding High
- Kudos to Blythe
- Liestoppers Regan Post
- The Group of 88's Latest Defense
- Updates
- The Clarifiers: "No Comment"
- "Jaw-Dropping" Proposals from the CCI?
- Regan
- A Herald-Sun Rewrite
- Sunday Roundup
- ATAF and Character
- Everett's Odd Arguments
- Removal Motion Filed
- Still Defending Nifong
- Friends of Duke Confronts the Group of 88
- Edwards Keeps Marcotte
- Wilson's Ethical Lapses
- The Zook Files
- Marcotte Out?
- Duke Students Respond to the 88
- Group of 88 Rehab Tour
- More from Easley
- Grand Jurors Speak Out
- The "Robbery" Spoof
- Hood on Easley
- Consistencies
- Walk Update
- Easley's Language
- Sunday News
- Easley: Nifong My Worst Appointment
- Cast of Characters
- More on Marcotte
- The Edwards-Marcotte Fiasco
- Defending the Group
- Minor Humor
- Group of 88 for Credit: Reading Assignments
- Group of 88 for Credit
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February
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Comments Policy
(1) Comments are moderated, but with the lightest of touches, to exclude only off-topic comments or obviously racist or similar remarks.
(2) My clearing a comment implies neither that I agree nor that I disagree with the comment. My opinion is expressed in my words and my words only. Since this blog has more than 1500 posts, and since I at least occasionally comment myself, the blog provides more than enough material for readers to discern my opinions.
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- "From the Scottsboro Boys to Clarence Gideon, some of the most memorable legal narratives have been tales of the wrongly accused. Now “Until Proven Innocent,” a new book about the false allegations of rape against three Duke lacrosse players, can join these galvanizing cautionary tales . . , Taylor and Johnson have made a gripping contribution to the literature of the wrongly accused. They remind us of the importance of constitutional checks on prosecutorial abuse. And they emphasize the lesson that Duke callously advised its own students to ignore: if you’re unjustly suspected of any crime, immediately call the best lawyer you can afford."--Jeffrey Rosen, New York Times Book Review
Links
Motions and Documents
- Attorney General's Report
- DNA motion
- Lineup motion
- Supplementary lineup motion
- Change of venue motion
- Bar amended complaint/Nifong response
- December 15 hearing
- State Bar v. Nifong
- Brewer removal motion
- Nifong December 28 letter to Bar
- Nifong January 16 letter to Bar
- Group of 88 statement (removed from Duke website)
- Group of 88 membership
- Transcript of relevant sections, April 4 "identification" "procedure"
28 comments:
“Once the election occurred and after the primary was uncontested, we didn't want to do anything that would upset the office,” the governor continued."
'Primary was uncontested'?
I watched that on the news tonight and was amazed - what the heck was he saying? Oh well, he will be out of office ere long, and the next hack (what's the over/under on Roy "Cuh-pah" Cooper?) will be in, and the reign of terror will continue. May God have mercy on our souls.
This may be a frustrating case of too little, much too late.
But it is still satisfying watching the Governor of North Carolina rebuking Mike Nifong in public.
If the Governor of North Carolina declares that Nifong is a scoundrel, is it then fair for all others to declare him a scoundrel?
Just the rats leaving the sinking "USS Nifong".
Nifong is going to be offered up on the altar to restore the appearance of justice in N.C.
Ten months later, in spite of thousands of letters, emails and telephone calls, Easley is now concerned. Too late with to little. The damage to North Carolina and race relations has been done.
The rats who jumped ship earlier are the ones who can swim. Can't imagine Easley is one of them.
Thought about unappointing him?
Was that really an option?
liberal durham democrat
Yeah, thanks a ton, Easley.
Way to step up to the plate after the game's over!
Why don't you don't announce that you will pardon the players if any convictions are reached? Why don't you demand that there be an inquiry into the malicious prosecution and attempted coercion of the cab driver that took Reade Seligman home that night?
What a sissy! How about just telling the truth? Something like, "I was scared to death of the racist-black constituency which we have in NC, and I'm just pleased as pie that I can vaguely heap all the blame for this incident on a white-male scapegoat".
I'm new to this blog.
How's everyone's sphincter this fine evening?
At ease men, there does not appear to be a debatable topic.
Any word on how the internet's doing following the massive workload put upon it several days ago when Amanda Marcotte tried to erase evidence of every thought she'd ever had?
I've heard that network technicians believed that a nuclear attack was occuring.
10:54AM,
If she was only erasing thoughts the effort ought to take about 5 seconds.
I hear it was words without thought that did her in. Like the thought "What if I get hired on a real political campaign?"
Easly has unmistakably set the political tone and signaled the Black community in Durham that it is over. The political calculation is likely 4 fold: 1)there is no other end, just how long it takes to get there, 2) the Black community beyond Durham is not as riled, 3) best to be done as long before the next election as possible and finally, 4)the opposition is the Republican Party of Jesse Helms and that dolt who ran against Nifonf and Cheek, not exactly an alternative, no matter how badly the Dems screw up.
If anything else, this case has proven just how corrupt and slimey the Democrats are.
You can run and dodge all you want, but it was plain ole Democrat politics that made this mess and it is plain ole Democrat politics that's kept it going.
If national and international news media and blogs had not picked up on it this case would be going on as if the lacrosse men were guilty of all they've been accused of..
The newspaper media are still handling that black bitch with kid gloves. Hope Nifong rots in hell for causng so much unnecessary pain.
The only problem is that the Republicans have not exactly been jumping on this opportunity. Neither North Carolina U.S. Senator (both Republicans) have been silent, as has most of the Republican Congressional delegation of the state.
I'm not sure why Republicans mostly are silent, except that the Republicans like to portray themselves as being in support of law enforcement. What happens when those who enforce the law turn out to be lawbreakers? Apparently, the Republicans don't have a good answer.
I am not part of either party, but I do see the Republicans' silence as being self-defeating. The party finally has an issue, but will not jump on it. Guess there is a reason why the Republicans are called the Stupid Party. Of course, they might believe that standing up for the LAX players would invigorate the black Democratic base, but if they cannot stand up for what is right, what good are they?
Good point, Bill, but has anyone suggested that Republicans are good for anything? They so fear being accused of racism that they can't even take advantage of this gift that's been wrapped up with a pretty bow on top. It's the same calculus that keeps them from doing anything useful on immigration. Regardless of the merits, they lack the courage to take on any issue that might involve race. And yes, it's why they are both the Stupid and the Cowardly Party, and not really good for much.
By the way, these posts are lovely, but when do we get another column?
Arlington
It's better late than never, Easley. Why haven't the charges been dropped, Cooper? Are you embarrassed enough, North Carolina? Are you still asleep, U.S. Department of Justice?
What's holding back the lawsuits?
the republicans in nc are outnumbered for the most part but sometimes succeed in the senatorial races. they like to position themselves as very conservative (and if they are proteges' of Jesse Helms, as white supremacists as well). Our most recent republican senators are not true proteges of Helms so are not racist in general but they are deeply conservative. they are not comfortable advocating for a group of young men engaged in underage drinking and a sex show with black girls that may or may not have gotten out of hand. that is not the kind of behavior their constituents will accept.
Throughout the Hoax, various posters have commented that certain personalities have deleted comments from their websites / blogs, etc.
Some of you may be interested to know that an organization called the Internet Archive has the following mission:
The Internet Archive is a 501(c)(3) non-profit that was founded to build an Internet library, with the purpose of offering permanent access for researchers, historians, and scholars to historical collections that exist in digital format.
If you vist the above link, you'll note a banner in the center of the page entitled "The Wayback Machine." In the banner is a text box. If you enter a complete URL (e.g. http://pandagon.net) in this URL and press the "Take Me Back" button, you'll be presented with as many as hundreds of "snapshots" of the selected website over the years.
Despite Ms. Marcotte's agressive "editing", the Wayback Machine forgets nothing.
You can look at the 661 pages of historical pandagon.net by following this link.
Enjoy!
Lee
What is holding back the civil lawsuits is the 5th Amendment. You cannot take a really effective deposition from someone who keeps saying "I refuse to testify." I know: I saw what happened in a civil trial that proceeded that way, which was a pretty favorable settlement for the defendants.
The smart thing to do is to wait until a criminal conviction when the civil case is essentially reduced to assessing damages.
As for the Republicans not jumping on the bandwagon, two thoughts. Ideologically, there is a strong strain of federalism in US conservative thought. Under that view of things, the federal government should intervene only if the state fails to act, but the state is acting. It is called governmental minimalism.
Politically, just as the Democrats want this over long before election day 2008, the Republicans want this to go on trial about Sept. 30, 2008. It is always nice when ideology and interest coincide.
JeffM
"Good point, Bill, but has anyone suggested that Republicans are good for anything? They so fear being accused of racism that they can't even take advantage of this gift that's been wrapped up with a pretty bow on top. It's the same calculus that keeps them from doing anything useful on immigration. Regardless of the merits, they lack the courage to take on any issue that might involve race. And yes, it's why they are both the Stupid and the Cowardly Party, and not really good for much."
David Duke tried running as a Republican, and the Republican party renounced him.
The "Dean of the Senate" Robert Byrd is still in the Senate, as a Democrat.
Democrats threw garbage at a Republican candidate, who happened to be an African American, running for the Senate in Maryland, and no Democrat or Libertarian spoke against it. An African American (Democrat)who lost a race in Tennessee was portrayed as being a victim of racism.
The Congressional Black Caucus has an "unwritten rule" of no whites allowed.
Q: How many Democrats and Libertarians are on record opposing this?
Which party opposed the Civil Rights legislation of the 1960s? Republican or Democrat?
Which party embraced not one, but two race-baiting demagogues, one of whom sparked riots that resulted in deaths?
Republican or Democrat?
What a greedy group you are.
The North Carolina bar takes the unprecedented step of filing ethics charges against an DA in an active case, the DA recuses himself and turns the case over to the Attorney General's office, the North Carolina District Attorney Association denounces Mike Nifong and publicly calls on him to recuse himself, and now the Governor finally piles on as well, removing the last hope that ANYONE in power is going to lift a finger to help Mike Nifong save his career.
Still not enough for you folks. I don't get it.
The charges will be dismissed. The boys may or may not go on to sue the City of Durham, I hope they do. The City of Durham will most likely settle the case for fear of high powered investigators uncovering even more corruption.
The past cannot be undone. We cannot run the clock back and have the false charge erased, have Mike Nifong not be appointed or elected or file false charges.
Everything that this group wants to see is coming to pass. But still not enough.
Among the many diversions and obfuscations that have been attempted by persons witnessing this train wreck, this castigation of the Republican party is perhaps the most perverse.
There are some parallels between this and the debacle that occured in some southern Florida counties in the 2000 election.
These had a sizable Democratic majority, and thus the election boards were staffed and led by Democrats. The infamous butterfly ballot was created by yet another Democrat. The majority of those using them were also Democrats. The majority of the poll workers were Democrats as well. In counting the returns, it was found that these counties did return a Democratic majority, but not nearly as high as in previous years, and this became pivotal because this lack led to Florida tipping towrd the Republican candidate.
As we have seen in this North Carolina saga, many who post take pains to note how progressive, nuanced and thoughtful they are. They hate our President, love the Dixie Chicks, and Clinton (I'll leave that one alone) and are all in all quite superior to most Rethuglicans. And yet, in this case, as in South Florida, Democrats seem to have made a hash of things, and worse still, Republican scapegoats are thin on the ground.
The concept of pin the tail on the donkey takes on a whole new meaning, and the irony is quite pronounced.
For the record:
Can and have Republicans being found wanting, to be corrupt or interested in the retention of power over their appointed duties? A: Yes.
Is that the case here?
A: It doesn't appear to be as of yet.
Does it seem like people are trying to prove otherwise, or are trying mightily to deny any causal link between these events and typical Democrat urban politics combined with a faculty that probably aren't active members of the John Birch Society?
A: That's how it appears to this observer. Your mileage may vary.
Is it amazing that on this and several other threads the events in Durham North Carolina somehow relate to a war in Iraq?
A: Yup.
@ 9:49
No, I am not greedy. As I said, the state has taken action, and federalism would suggest letting that play out. Furthermore, if this case has taught anything, it is about the value of waiting, a nicely conservative value as well.
But I am very sorry to disagree. Proper punishment for Nifong is NOT that he will lose his pension or be disbarred or held up to contempt and contumely. When the servants of justice pervert justice, with malice aforethought, justice demands that they be treated as the criminals they are. This means trial and, if convicted, imprisonment. Now I understand that that process cannot even begin until the current criminal case against the lacrosse players is dismissed, but many of us fear that Nifong will be allowed to skulk back into the shadows that he so adorns without being prosecuted.
JeffM
That is reality and politics.
Mike Nifong is not going to be criminally prosecuted, and even IF he were, he would win. For whatever reason juries do not send district attorneys to prison.
The two lying cops will not be charged. They wont' be charged for the simple reason that IF they are charged they will turn on Mike Nifong and the dystem does not want to send a district attorney, no matter how evil to jail.
The complainant will probably never be charged with making a false charge. The Durham community would go wild, probably trash their own city if the stripper/escort/liar were ever charged. But, I wouldn't worry, she will end up back in the system again in a few years anyway.
My wish is that the boys sue her in civil court but I also think THAT will not happen. They will sue the City of Durham instead and will agree that she is a 'victim' of her own sad past.
Speaking of "media", Geraldo is now on the Guilford College case.
On Gov. Easley speaking out in NYC - I didn't know Bubba could find his way to the bathroom let alone New York City.
@ 10:08
No one will sue the accuser civilly because the accuser is undoubtedly judgment proof: money spent suing her is money down a rat hole.
I am not so sure, however, that Nifong will escape criminal prosecution. He MAY because North Carolina will just want this whole nightmare to go away, but Karl Rove may have a different view. If a federal criminal investigation starts, the minor parties, i.e. the accuser, some of the police, etc. will realize that they are looking at potential jail time and will look for some immunity agreements that will scare Nifong to his core. In fact, I suggest that quite a few of the little fish are already scouting around for counsel, learning about the intricacies of proffers, learning to love the sound of unindicted co-conspirator, etc.
JeffM
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