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Comments and analysis about the Duke/Nifong case (2006-2014).
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2007
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- Eugene Brown Speaks Out
- Class & No Class
- Defending the Durham Status Quo
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- The Group of 88: Non-Endorsement "Endorsements"
- Chalmers: Revising History
- DCU: "We're Listening"
- Who Are the Clarifiers?
- La Shawn on Taylor/Neff Panel
- Nifong, Wilson, Meehan to Testify
- Linwood Wilson: Threatening, Intimidating Behavior
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- Charns: What Does a Law Enforcement Disaster Look ...
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- Ashley: "We Have a Lot to Celebrate"
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- Brad Bannon: The Unknown Soldier
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- Levicy and Linwood
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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"
64 comments:
As someone on LS posted - 'perjury with a smirk'.
I'd love to see Crystal take the stand to determine the extent to which she was 'forced' to continue the Hoax.
Also Roberts & Elmo, for the witness intimidation angle.
This will be rich.
Sounds like an all star cast. Can not wait to hear what Nifong and Wilson come up with.
Well, where is Nurse Levicy? Does Nifong know she perprated this whole mess?
who will be more desperate, the Fong or Linwood? this should be a pay-per-view event. too bad Vince already trademarked "Judgement Day" with the WWE event last weekend. somebody go ahead and book the local Servepro now to clean up all the blood.
I can't wait.
Q: "Was it your decision or the policy of the DA's office that led you to with hold the complete DNA test data?"
Q "If it was policy where was it recorded prior to April 2006?"
Q: "If its DA policy do we now have implications for hundreds of trials, or if it was just your decision do we not have a clear-cut violation of law by you?"
Q: "Speaking to the national audience doubtless hanging on your every word, do you really believe the Constitution entitles a DA to conceal DNA test data from Defendants facing 20 years in prison until just before trial, and not deliver it at all if they plea bargain?"
Q" Have you done that in other cases? How many? Which ones? Who else at the DA's office knew about it?"
Q: "Why didn't you tell the Defendants that their DNA wasn't found?"
Q: "Are you going to assert the attorney-client privilege if you are asked today if you 'discussed your proposed testimony here today with your lawyer'"?
Q: "Since you recused yourself, have you discussed the case with Sgt Gottlieb? What did he say and what did you say?"
You have to hand it to the NC Bar (I am not a NC lawyer). They alone have put a stop to this while the reso of offialdom hoped the accused would simply have the good graces to cop a plea and go away.
In NC Bar hearings all witnesses are under oath, right? Can anyone confirm?
Carolyn says:
Cost of defending yourself against a corrupt DA - $3 million. Cost of watching him sweat like a pig on the stand for his corruption - priceless.
Reade and Dave, treasure this moment! You paid for it.
Mike Nifong plans to testify in his own defense
I know he will have rehearsed his testimony countless times but this guy is bound to trip up in some major way. Maybe he is going to be a character witness for himself? He and Victoria Petersen might be the only ones left at this point...
JLS says,.....
Certainly the cross of Nifong gives me something to look forward to.
But the BIG news is that Wilson IS BEING CALLED BY THE BAR. Doesn't that imply that Wilson has flipped on Nifong?
No amount of rehearsal will help.
Bar don't wanna hear it. There is no interpretation of the evidence against him on these specific charges. NONE
I predict there is going to be an evil twin defense...
Hell, maybe Nifong will try to lay it all on Brodhead's door ;-)
He might as well give it a shot. Those two worthless scum deserve each other and the fate that awaits.
wipe that smirk off your face, vegas. not gonna be pretty if the Fong throws sister Tara under the bus in this hearing. She might want to book one of those "ski jouring" trips with her dog to Antartica for the second full week of June.
OK -- making misleading and inflammatory comments about the defendents: that's on about 100 videos and TV shows. No defense possible. Hiding the DNA: that's why Meehan is called. But what is Wilson called for? There are no ethics charges currently listed against Nifong for which Wilson would be witness EXCEPT that he was at DNA meeting with Meehan and Nifong? Is this right?
The first lie out of Nifong's mouth will be right as he is taking the oath to tell the truth.
Do you swear to tell the truth the whole truth and nothing but the truth so help you god?
Nifong: I DO (First Lie)
Perjury, perjury, perjury. K.C., you will have to cover your ears after a while when you attend the hearing!
KC>Latest comments all postive direction for the truth.Keep heat on everyone down in Durham to clean house and start fresh. I thought there weren't any decent people left in Durham, you've proved that wrong, but your continued vigilance, I believe, is why they are all trying to right this terrible wrong.don't stop yet.
The University won't do anything postive, I hope they get sued by players involved and settle for a substantial amount. I wish you could write all of this for the us news and world college ranking people to see, it would definitely dissuade people from choosing Duke if their parents knew what could happen to their kids in Durham with Duke turning their backs to the disgraceful profiling by the police department,
KC>Latest comments all postive direction for the truth.Keep heat on everyone down in Durham to clean house and start fresh. I thought there weren't any decent people left in Durham, you've proved that wrong, but your continued vigilance, I believe, is why they are all trying to right this terrible wrong.don't stop yet.
The University won't do anything postive, I hope they get sued by players involved and settle for a substantial amount. I wish you could write all of this for the us news and world college ranking people to see, it would definitely dissuade people from choosing Duke if their parents knew what could happen to their kids in Durham with Duke turning their backs to the disgraceful profiling by the police department,
Truth will out - John Adams has a good quote about facts also. The only people who wanted to throw this nurse under the bus, already did so. I quess the bus passed her by, Nothing to see here, folks.
As Richard Nison said "It's not bad enough, they attacked my wife, they attacked my dog Checkers also."
Why no posts on the vile Negress that caused a Nifong to crawl out from under his rock?
As to Durham: there is no hope for any majority-Negro country, town, city, continent (see sub-Saharan Africa).
Nifon is stupid and maybe a little crazy, but Witt and Freedman will not let his committ perjury without a fight. Like you go to jail for perjury. Even Nifong must know that.
I doubt it will take place. Nifong's lawyer would be crazy to let his client (Nifong) put more info out under oath.
The bar lawyers are sharp and Nifong would just wind up documenting how he tried to frame people for an election.
I am sure, he can not wait to get on the stand and tell his side. No one will be able to stop him.
In all seriousness, how can Wilson every testify in court again?
He has been accused of intimidating witnesses. And now has a judge throwing a case out because of him.
What DA or ADA will every put him on the stand? The defense lawyers will destroy him, have you every been accused of witness tempering?
He is a reasonable doubt in the juror's minds at this point.
Suppose Nifong will Nifong Duke University and then Nifong himself?
::
GP
I doubt he will testify. Will try to come up with some sort of settlement at taxpayers defense the day before the 'trial'.
sorry - meant 'taxpayers' expense'
This guy is Dumb AND Dumber.
K.C.,
May I recommend that you bring a fire extinguisher to the hearing? After Nifong begins to testify, his pants will catch fire.
On the other hand, perhaps the humane thing to do is to let the fire burn....
Bill Anderson
I'd be interested in what you think his defense will be for each of the charges? Will "I got caught up in the heat of the media and never meant any harm" cut it with the Bar? If you had to script him, what would you guess?
The defense lawyers not only reminded Nifong very early on with a letter that he was "poisoning the well" with his statements, But they also sent a copy to the bar.
Nifong was warned about statements and ignored the warning. No defense.
Nifong would not look at evidence the defense lawyers wanted to show him. No defense.
Nifong did not question the FA about her conflicting statements until Dec. No defense.
Nifong knew that the players DNA was not present, but all this other DNA was, he did not question the FA or search for answer, he covered it up. No defense.
Umm, the State Bar isn't a state agency, so there can't be the threat of perjury for lying. The most the Bar can do to Nifong (in terms of penalty) is disbar him.
Of course, a side effect of all this is to prepare the ground for civil suites and criminal charges. Just as the Bar's Ethics Committee complaint set the stage for Nifong's removal from the case.
Off topic, but interesting.
Check out Barack Obama's written statement as to why he voted against Judge (high IQ) Roberts. How funny is it that an intellectual shrimp could try to pass judgment on someone so far ahead of him intellectually that it's downright pathetic.
Anyway, when you get past Barack's BS--you come to the real reason he opposed Roberts: Roberts's opposition to affirmative action. Yep, we've got an Al Sharpton running for President.
Yawzaaaaaaaaaaaaaaaaaa.
roberts is brillant - as is Alito. I watched both hearing as recouperating from surgery. Most of the Senators had no idea what they were talking about. I did not either, but I am not a lawyer. Teddy was a disgrace - all the Dems wanted to talk about was abortion. Which is the least of our problems in America.
Bill Anderson
I'd be interested in what you think his defense will be for each of the charges? Will "I got caught up in the heat of the media and never meant any harm" cut it with the Bar? If you had to script him, what would you guess?
May 23, 2007 4:34:00 PM
As I can see it, he will say:
1. He did not mention any names, just the lacrosse team in general. Thus, he did not poison the well, since there were no individuals to identify;
2. He really did try to meet with attorneys, but since they insisted that their rapists clients were innocent, there was nothing to say;
3. No harm, no foul. Yes, he played Battleship with the evidence, but ultimately he turned it in. Furthermore, since he had secured indictments without DNA, and since Crystal changed her story to say that an "object" was inserted into her, there would not have been DNA. Thus, since DNA was irrelevant, he did not withhold exculpatory evidence.
Now, this is a barf bag full of nonsense, but Nifong has been lying for longer than a year. Why stop now?
To JSL at 2:06 pm:
Good thought. Maybe Linwood has turned turncoat on Mikey. Scum rockets do that, ya know.....
To 3:11 PM -- I rebuke thee for you words. I hope JC deletes you and follows with a ban for your indecency.
And, to Larry D at 4:50 pm -- the State Bar, with subpoena power, does has the "cloth" of a judicial body through its statutory authority. Once its hearing panel swears a witness, a lie subjects and exposes the witness to perjury
charges.
TaterCon
TaterCon,
You're familiar with some functional majority-black geographies?
Dazzle us with your knowledge, or just shut up.
This whole case is about to get very satisfying.
I'm counting down the days.
If you are these guys lawyers, you would not have them take the 5th?
Even if not for criminal reasons how about the lawsuits that will come?
I'd be interested to see if the Bar asks Nifong about his "irrefutable proof of rape" - meaning of course "rape expert" Nurse Levicy.
And gets to ask the 'Fong some juicy follow-up questions:
1. Why didn't you interview the Dr that actually did the examination?
2. The defense and media figured out by early April that Levicy was a SANE in training. In your many meetings with Nurse Levicy and her SANE supervisor, Theresa Arico - at what point did you know she was not qualified to give opinion or medical diagnosis and would make a readily discredited prosecution witness.
3. Why did you not interview Crystal Gail Mangum to resolve vast, serious conflicts between her story and Levicy's "medical proof of blunt trauma and rape"?
4. When Mangum admitted her earlier stories were wrong in December and if you believe her, Levicy was discredited by Mangum - why did you still go ahead with prosecution...factoring in your earlier knowledge that DNA evidence was exculpatory?
What every questions we can come up with, I guarantee that the bar lawyers will have even better ones.
Lets not forget the defense lawyers will be testifying also. Who knows what other evidence they may have discovered?
What Nifong fails to get is that the ground has shifted under his feet. Everyone knows he's a liar, and now the rats are jumping ship. And they are probably pissed at him for creating this whole mess simply because he wanted to get elected.
The bar folks will have no sympathy whatsoever. None.
I predicted earlier that the 'Fong will take the Fifth. Perhaps not. Perhaps he will testify some, and then take the Fifth. What a moron. He's dumb; everyone hates him; and he's wrong. He is f'd.
Anonymous 4:50 said...
...Nifong would not look at evidence the defense lawyers wanted to show him. No defense.
::
I'm not so sure about that.
Nifong will say that his team - The Big Dogs - were given the truth from Duke University Medical Center that a rape did occur...and they chased after that bone for months...which is their job.
If the panel says that the information from Duke University Medical Center was wrong, Nifong will say... Well...someone at Duke should have told us! We pay little attention to lawyers hired by wealthy defendants when the Big Bad Duke University gave us the absolute ...truth.
I would think such logic will play well with middle income and below citizens of the State of North Carolina.
::
GP
Now the Honorable Mayor Bell is saying Detective's Waterhead Gottlieb and Benji Himan will likely testify per WRAL report.
http://www.wral.com/news/local/story/1437894/
correction ref 8:57 post
WRAL quoted city manager Bell
City Manager Chambers
Gary Packwood said...
The defense wanted to show him atm, cab, and phone alibi, Nifong would not look at it.
8"47 Not in a million years.
Actually, the SBI told Nifong - there was no DNA match with the team, Saacks told the judge "The Dna will exonerate the innocent,etc" It was Nifong's bad self that said "He was not obligated to follow what Saacks wrote, as he write it"
Obviously, the bar is not interested in Levicy. What Bravo Sierra.
Cederford - Please don't forget, you wrote this scene when it does not happen. To many bloggers have forgotten "Levicy would be called to the trial and destroyed." She is not on either Nifong or the Bar's witness list.
NIFONG will blame it on BROADROT
Wilson will blame it on BROADROT
THE DPD will blame it on Broadrot
the City MANAGER will blame it on BROADROT
and they all will blame the Group of 88 for inciting the local population...and stirring up the media and the NAACP and the sharpasses of the world...
Anonymous 9:20 said...
The defense wanted to show him atm, cab, and phone alibi, Nifong would not look at it.
::
Yes. You are correct.
My comment at 8:47 was an amateurs attempt to argue from another position ...in this instance..the ethical doctrine of utilitarianism.
It will be interested to see how they defend themselves unless of course there is no trial.
::
GP
Anonymous said...
Cederford - Please don't forget, you wrote this scene when it does not happen. To many bloggers have forgotten "Levicy would be called to the trial and destroyed." She is not on either Nifong or the Bar's witness list.
May 23, 2007 10:08:00 PM
No, I didn't forget. Nifong may not have her as a listed witness. As a defendent, he is not required to. He may even say that he had no reason to believe a rape happened when asked about his public remarks and fall on his sword....But I doubt that. If her name comes up in context of Nifong's testimony on his assumption of "medical certainty of rape" by an expert that drove his prejudicial and defamatory remarks "as reasonable to make" - then Good Nurse Levicy might be subpoena'd by the State Bar Committee.
A BIT OFF THE SUBJECT, BUT MORE POTENTIAL GOOD NEWS
Members of the 2006 Duke lacrosse team could be granted another year of eligibility upon NCAA review:
http://www.insidelacrosse.com/page.cfm?pagerid=2&news=fdetail&storyid=165441
If I was Nifong's lawyer, and thankfully I am not, I would strongly urge him against testifying at the bar hearing or even asserting a defense.
Instead, I would try to broker a deal with the appropriate local, state and federal authorities whereby they would agree not to further prosecute Nifong if he does not contest the ethics charges against him, surrenders his law license and resigns as DA.
I do not see any way he can successfully defend the charges or testify without further exposing himself to criminal charges and (further) civil liability.
Cederford - And if wishes were horses beggers would ride.
I wish the Bar would supoena her. I want to hear what she has to saym under oath. Nifong has no hope - NC justice is mad at him for exposing their paractices to the world. He is Persona non grada with the Bar,
Mike still believes he's the best lawywer in NC and everyone is afraid of him. Can't wait. He has so far shown himself to be fairly easy to trip up, giving different rationales and versions of what happened.
I don't think Meehan is going to back up Mike Nifong in this, he didn't on the stand, his lawyers rightly told him to admit he made a mistake and tell the truth.
Wilson is the most vulnerable to criminal charges because he's not a police officer or a government official, so if anyone is going to roll over on Mike and admit it was Mikey who was running the "investigation" then its Wilson.
But, you can never really tell with liars, this group has usually upped the anti, and simply told a bigger lie each time, one can only hope they continue and dig themselves in even deeper.
My guess is Joe Cheshire has each and every time the defense gave, made public or tried to give exculpatory evidence to Mikey and the cops...
Can't wait.
Levicy has nothing to do with the charges. If memory serves he's charged with
1) media comments that inflamed the public and were prejudicial. What Levicy told him is irrelevant to his comments.
2) he's also charged w/making misleading comments...Levicy can't help him here with his choke hold demo or date rape inferrences.
3) withholding exculpatory evidnece and lying to the court. Again, Levicy can't help here, whether to this day she still thinks Mangum was raped, doesn't matter.
I don't see any way out for him on the evidence hiding, he might be able to get away with a slap on the wrist and an admonishment on the media interviews, but they wont' sanction him or disbar him for that. Don't see any way around the lies and false statements made to the court and the public either.
My point is that Levicy is not central to any theory on this event. It is many other posters, who wrote about her supposed critical involvement to the case . Now that the moment of truth is arriving, she is a non enity. Which has been true from the beginning.
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