The N&O is reporting that the Nifong hearing date is now set: June 12.
The Bar expert witness list must be presented by April 15; Nifong must present his expert witnesses by May 1.
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Comments and analysis about the Duke/Nifong case (2006-2014).
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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
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- Nifong December 28 letter to Bar
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37 comments:
I think he's toast. After reading the bar's response to his motion to dismiss, I believe his career is over. He will most definitely get a sanction, not sure about being disbarred. We can only hope.
If Nifong isn't disbarred then it is impossible to imagine what a lawyer would have to do to be disbarred. Do these people have no standards at all? His punishment should exceed that of simply losing his job. That someone with his track record could still be eligible to continue making money within the legal system wouldn't say much for the system in NC. Then, again, we are the home of grand juries who don't have to keep any records of their sessions so we really don't have much of a "system" here, do we?
One recommendation for Nifong's "expert witness" list. Get Sgt. Gottlieb. Who wouldn't want to have someone in his corner with Gottlieb's powers of recollection for the most minute details after a time period of many months has elapsed? Gottlieb has proven he can create pure BS out of thin air at a moment's notice. These are 2 talents that Nifong is definitely going to want to have on his side going into this battle.
We will know in a little over 2 months, eh?
Personally I don't understand why he just doesn't voluntary surrender his law license? But i see from 6:34pm that doubt exists that he will be found guilty as charged by the NC Bar.
The charges to the guys have still not been dropped - no dismissal of the case - motions still not ruled upon -
Do the bar authorities actually get to question Nifong during the hearing? That would be interesting--to say the least.
Carolyn says:
I want more than 'a sanction' for Nifong. In my opinion, Nifong should spend quality time in the same prison shower he once tried so hard to put three innocent young men into - and without his ratty bathrobe.
I think they will find him guilty I'm not sure they will disbar him. It is pretty rare for any lawyer to be disbarred, an ethics hearing for a sitting DA is virtually unprecedented as far as I know, I would think him getting disbarred might be a first.
He should have resigned as DA and not forced the issue, but looks like he's going to the mat.
Sounds like the timetable has been set. Where does the dropping of the charges against the LAX players fit in? After Duke's graduation in May, I assume, but before or after the hearing?
i sure hope this is going to be on Tv
"Personally I don't understand why he just doesn't voluntary surrender his law license?"
He's too stupid to do that. That's why. But then again, every day that goes by is one day closer to being 100% retirement vested.
What a loser.
I agree that the only satifactory resolution to this case is a TRIAL ... of Nifong. I shall leave it to the lawyers to say whether Nifong is immune to criminal or civil charges under the laws of North Carolina, but the law of North Carolina surely cannot immunize him from federal criminal charges.
JeffM
Cincinnatus says:
With reference to the "recomendation for Sgt Gottlieb: I think Nifong should be scared witless that Gottlieb and Linwood Wilson turn on him during (or before) the bar trial. They cannot help him as there is incontrovertable documentary evidence against him. They can deal him great harm if they recall a more conspiratorial and deliberate Nifong
Linwood testified after the April 10th meeting to the Grand Jury. If he left out details of the April 10th meeting concerning dna from multi males none lax accused..then they may face some heat. Ergo they have an incentive to protect Nifong because of their testimony to the Grand Jury. The very result of the agreement with Meehan and Nifong on April 10th...Keep out the exculpatory material! They are in for a dime and will be in for a dollar as it goes forth.
ABC News: Top Lawyers Say Duke Case Weak
http://abcnews.go.com/US/LegalCenter/story?id=2971275&page=1
Nifong is a sociopathic liar, and people like that never admit guilt. They just try to make up another lie to cover the last one.
JLS says....
re: anon 7:21
Nifong will likely cop a plea. But he will not do so until the last possible moment. Right now he is Durham Co. DA adding to that pension he hopes to hold on to.
I fully expect him to delay his hearing as long as he can. I wonder if he has any delaying tactics he can yet use?
I'm wildly curious about the function of these 'expert witnesses'. None of the DPD would be able to testify as expert on points of law, except perhaps regarding what would be the current standard of their own profession in gathering evidence, collaring suspects, writing reports (!) or the Politically Correct Bust.
So most likely, 'expert witnesses' (who may give opinions as well as testimony about facts and events) will be lawyers, and they will be opining as to the conduct of Mr. Nifong throughout this case. If the products to date of Mr. Nifong's counsel are any example, he's got to range farther afield to find lawyers (Johnnie Cochran, maybe?) who can testify with a straight face, convincingly, that he applied all the tenets of the profession, according to the laws of NC, according to the highest current standards of the legal profession.
And the Bar's 'expert witnesses' will doubtless testify the opposite. Might they just confine themselves to the mare's nest of 'evidence' collected by Mr. Nifong? Or will they avail themselves of the vast array of facts and records (verbal and written and electronic) that have been gathered just within this blog - let alone at J in C, Liestoppers et al? There are lots and lots of factors which shine light on Mr. Nifong's behavior, and they may not all be collected undamaged under the DA's roof.
OT: not far from KC's neighborhood .
I think I hear drums in the distance. . . better lock up the gun counter at Walmart and padlock the gas pumps. The natives are restless and all the Bullocks barbecue and Brodhead emollient salve in the wurld ain't gonna placate this ornery bunch. Yep,
Durm's gonna blow. Oh wait it already blows. But mostly sucks. sic semper tyrannis
Nifong will get anything from a written reprimand to the loss of his license~hardly a punishment for the lives he has ruined.
Meanwhile will his conduct have any bearing on the case at all?
Is it possible for the Bar expert witness list to include executives from Duke?
If would be helpful if Duke executives could identify the source of information that allowed them to condemn their own students and not bother to make the effort to reel in the Loopy Left on campus.
Suppose the Chronicle of Higher Education could be there at the front door ...with photographers.
How's this for a timely quote?
"As this story has unfolded these last few weeks, much has been made of my decision to not prosecute alleged voter fraud in New Mexico. Without the benefit of reviewing evidence gleaned from F.B.I. investigative reports, party officials in my state have said that I should have begun a prosecution. What the critics, who don’t have any experience as prosecutors, have asserted is reprehensible — namely that I should have proceeded without having proof beyond a reasonable doubt. The public has a right to believe that prosecution decisions are made on legal, not political, grounds."
From "Why I was fired" by David Iglesias, Former U.S. Atty in New Mexico (NY Times, 3/21/07)
Well, I am not yet too excited. Mr. Nifong will, at worst, from this trial, be disbarred and lose his law license. He will not be convicted of a crime, he will not go to jail, and he will not be forced to pay retribution. One can only hope, that down the road, the latter are coming. Let's also remember, it's Durham, so if criminal action aginast Nifong takes place there, he is likely to walk (I sadly believe that). I am not a lawyer, but it seems to me that in order to get Mr. Nifong criminally and/or in civil court, one must somehow get the proceddings out of Durham, where the system is so corrupt it begs Federal oversight.
BDay
Open your mouth, slide the barrel in, defendant Nifong.
10:49: I don't think Johnny Cochran is going to be able to testify as an expert witness for Nifong -- Mr. Cochran died (brain tumor) a couple of years ago.
What is bizarre is this soon to be convicted felon is running around playing DA. Is that not a waste of NC resources. Everything he does in the interim will likely be moot.
As of everything I have read so far on this case I think we are about to see either;
1. Insanity plea
Or most likely the current political get out of jail card
2. Nifong entering Drug or alcohol treatment
Tom E.
A few more free chicken dinners will help defendant Nifong fill up that expert witness list
In the spirit of "March Madness," anyone care to set odds on whether Nifong will cut a plea deal prior to any actual Bar hearing?
It seems very unlikely that the NC Bar will give Nifong a pass because of a "good old boy" culture. The Bar's response recently posted is a very professional piece of work. We can only wish that other state bars took a similar interest in their prosecutors.
Disbarment might be seen as too harsh: a long suspension with a public reprimand might be seen as effective. But the Bar ought to see that they are about the only control there is on "fast and loose" prosecutor's like Nifong. His breaches are much worse than stealing from a client trust account: he obviously and deliberately breached a sacred public trust to fairly wield the enormous power of a prosecutor to ruin lives, put people in jail and has already damaged lives for good. Every prosecutor will look to this case as setting the limit of accountability. If he's not disbarred for his breach of public trust the boundries will be invisibly "re-set" in the worst way for all defendants. It'll be "only if you can catch me and then so what."
Prosecutors are not players in a game. They represent the People. They indeed must be as clean as a "hound's tooth." We know where he is on that scale.
Some states allow a lawyer to resign "with charges pending" meaning the Bar proceeding ends since the defendant is no longer a lawyer (but having achieved his resignation at least). He might do that here and just retire if his pension permits.
Nifong might also appeal the Bar's findings to the NC Supreme Court which I assume he can do. That would stretch things out for maybe another year and would probably keep his license intact whilst he negotiates an exit and a new position as a legal consultant to some friendly newspaper.
But the Bar must expell him. He has fouled the process. Treated the limits of right and wrong as moveable goalposts for sport. Savaged kids and their parents for his own ambition. Impermissible. He must go.
I can only hope this trial is held in public. It would be sweet justice if Rae Evans, Dave, Reade, Colin, and the rest of Nifong's victims could take a front row seat to watch Mr. Nifong answer for his actions.
I should have asked Mrs. Evans to help me fill out my NCAA basketball brackets. She has turned out to be pretty good at predicting the future.
I think he won't, he's gone too far to admit any guilt and it doesn't look like the Bar is in the mood for his nonsense.
It also appears from reports that the AG's office is going to drop the charges within the next week or so. That would mean Nifong would have to go to trial defending himself over a case that the Attorney General's office has already deemed to be a no go. Another reason why I suspect he's going to get a harsh punishment though I doubt a disbarrment, maybe a suspension.
It would be much easier for him to argue his points if the case itself was still active or if the AG found ANY reason to continue the charges.
I just hope the AG tells the truth and doesn't cop out on the 'can't prove it beyond a reasonable doubt' lingo and say right out that there is NO EVIDENCE a crime was committed.
I've professed a hand slap and not much else, I'm going to wait patiently....I pray to God i'm wrong
In the disciplinary proceeding, it's not Nifong's call whether or not to "cut a plea deal." I think the Bar's recent response to his motion makes pretty clear that they're not interested in offering any sort of "deal."
If this turns out to be anti-climactic, it'll end with a dang, not with a wimp.
I know this won't happen, but I'd like to see him have to take a DNA test to compare it with the samples. That would explain alot about his behavior too ;)
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