Attorney General Roy Cooper told Durham mayor Bill Bell today that his office lacks statutory authority to investigate the Durham Police unless a criminal complaint is filed. Of course, this situation creates something of a Catch-22, since after the Baker/Chalmers whitewash, the information to sustain a criminal complaint cannot occur without an investigation.
All the more reason for Alberto Gonzales to approve a federal inquiry.
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- Eugene Brown Speaks Out
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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
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- Attorney General's Report
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- December 15 hearing
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- Brewer removal motion
- Nifong December 28 letter to Bar
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- Group of 88 statement (removed from Duke website)
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59 comments:
If either of our two US Senators gave a rat's a$$, they'd stand up and demand USDOJ to launch a civil rights inquiry. Dole and Burr are more like Tweedle Dee and Tweedle Dum than responsible public officials. It's been a long time since I've voted for a Democrat (JFK), but if Cooper runs against Dole, he's got my vote!
The ball is back in Durham's court. What will they do now? After raising serious questions about the B/C report, doing nothing is not an option.
If the Feds do not get involved, I suspect that a civil suit is the only way to bring justice to this situation.
Both scenario's are more than welcome with me.
I would be pleasantly surprised if Alberto did anything at all in this case. He is too busy trying to remember why he fired Federal prosecutors.
KC-What if Bell asked for a criminal investigation? I know it is just semantics, but clearly laws were broken here. Plenty of Criminals still employed by Durham and Durham County.
Will justice ever be served in this Kafkaesque case?
An egregious wrong was committed but no one is responsible for it and no one can investigate why no one is responsible for it.
This is just absurd. The DPD investigated themselves and ...surprise... found that their was no wrongdoing but no one in NC has the authority to investigate the investigation.
Isn't it past time for the Feds to intervene?
Some, a few have asked DOJ and Gonzales to investigate the matter long before this. Obviously, this is not happening. My quess is everyone in NC, including the AG just wants this to go away. After Nifong gets his day in court, it probably will. Do you think the Bell was surprised at Cooper's response? I would be shocked - shocked if he was.
Perhaps the NC Legislature could provide the statuatory authority for the AG to investigate the DPD.
I think that it would be better done from an arm's length and the longer the arm the better to minimize the potential for retaliation.
Obviously the best party for an investigation would be the State AG office as it is quite familiar with the case and the players. Hopefully they have plenty of taped confessions; er, make that statements from the DPD.
Justice was served when the guys were declared INNOCENT. The rest is frosting. The people in Durham don't appear to care about the DPD. if they don't care, why should folk outside of Durham care?
This would be a great moment for Dick Brodhead to stand up and join the choir and state that a Federal Investigation is needed and that Duke students clearly had their civil rights violated. But I bet he won't.
Should Broadhead elect to stand-up at this time, Duke could begin to take a little sorely needed high ground.
If the DOJ does nothing in this case, I will have lost all faith in our criminal justice system. The malignant disregard for justice in this case is simply pathetic !!
Huge lawsuits will be necessary to reign in the corrupt DPD, and I mean HUGE !!
Can a citizen file a criminal complaint ? If so, would that be enough for the AG to investigate ?
BDay MD
I'm more interested in a federal inquiry wrt civil rights violations
Polanski
Re: Chicago's "What if Bell asked (Cooper to do) a criminal investigation?"
I don't have a legal cite for that, but it seems logical he'd be able to investigate in that situation. Consider this hypothetical: Someone calls the N.C. AG's office and says that a local police department and a local D.A.'s office are selling the drugs that they've seized in narcotics raids. Surely, the A.G. would have the power to investigate that (although, this being Wonderland, there might be a statute on our books that says the A.G. can only intervene if the local D.A. asks him to! ;)
Durham Lawyer
It would be appropriate for the Durham DA to commence such an investigation or, if he and his minions find a conflict of interest, they could request the AG take over the matter. I think there is some precedent for that.
Chicago makes a stab at comedy!
I would be pleasantly surprised if Alberto did anything at all in this case. He is too busy trying to remember why he fired Federal prosecutors.
Plus, the Bush-crony is rumored to be walking around saying "Border Patrol agents rotting in jail? Who? Where? When's lunch?"
And another bit of humor!
Chicago said...
This would be a great moment for Dick Brodhead to stand up and join the choir and state that a Federal Investigation is needed and that Duke students clearly had their civil rights violated. But I bet he won't.
Yeah, he's right in line behind Al Sharpton, the ACLU, Liddy Dole, the NAACP who are all just waiting to ask the Feds to come in and investigate race discrimination and civil rights violations.
After Cooper's inaction today, I would emphasize writing to the U.S. Attorney whose jurisdiction includes Durham to request a DOJ probe:
Anna Mills S. Wagoner
United States Attorney for the Middle District of North Carolina
P.O. Box 1858
Greensboro, NC 27402
Mention the SP report, the Neff articles, and the Baker/Chalmers report.
I would suggest that there is evidence suggesting possible criminal obstruction of justice, conspiracy, denial of civil rights of the 3 former defendants, subornation of perjury, witness tampering, and misprision of felony, among others.
Boy does NC have things backwards. They indict 3 people, on the word of one dishonest persons word, then investigate. Cooper needs a complaint, he is a joke.
ref 5:44 Durham Lawyer
Totally agree. Another example, when a local law enforcement agency in North Carolina is involved in police brutality or killing a suspect during arrest the norm is the SBI is called in to investigate and then send their report to the local da's. This happens often in NC. Of course the local dept's are always cleared
Cooper, Dole, [you name it NC politician] - they're ALL DEMOCRATS. No one wants to take any action. Too much potential Party embarrassment. And there MUST be some procedure whereby SOMEONE in state government can request a federal investigation of SOME elements of this fairy tale. Sorry, but I just don't buy this pervasive "We can't do a thing." story from all the major players, including the Governor, AG and state senators and representatives. It's waaaaaay too quiet on the Left and in the media.
Basically what AG Cooper said is that they only investigate criminal activity not protocol and procedure. So falsely arresting, entering key locked dorms without warrants, lying in court,just a few examples, is all protocol and procedure. Man go get you a 400 $ John Edwards haircut. and btw Dole is a do nothing Republican
Copper is deliberately taking a pass. It would be one thing for the AG not to have the jurisdiction to investigate it on his own. It seems entirely different when the City is requesting the AG to investigate.
Broadhead stand up and demand an investigation? What are you people smoking? This is the same man who hasn't even acknowledged that 1,000 of his students and alumni have publicly demanded an apology from Porfessors at his institution.
This is the same man who still employs a Professor who committed the worst kind of ethical breach possible and flunked a kid cause she didn't like his kind.
Broadhead reminds me of a little kid who closes his eyes and puts his hand over his ears when he's afraid. He just pretends it isn't there and hopes it all goes away.
Only when he is absolutely forced does he make any statement about anything. Throughout this entire ordeal Broadhead has publicly criticized a grand total of one person (other than the lacrosse players of course), and that was well after the story of concealing of exculpatory DNA had come out. Asking Boradhead to take a stand for anything is like pissing up a rope.
Stand up and call for justice, Broadhead is more likely to offer Chalmers and Baker jobs.
At this point Broadhead's reaction to this situation (which effects his employees and students in huge and profound ways) could not be any easier to predict. I can sum up the Broadhead and Duke public reaction in two words.
Nothing Silence.
I wouldn't expect any support from John Edwards. After all, he appointed one of the hoax's principle libel artists and white washers to his presidential campaign.
Doesn't it seem like the NC justice system is almost set up in a way that guarantees corruption and abuse?
p. rich --
NC's 2 US Senators - Dole and Burr -- are Republicans. The Democrats have a lot of stink going on in their side of the house, but the Republicans are far from odor free in this farce.
Which causes me to raise another point. Ever since it became obvious that Nifong and his gaggle of henchmen were acting illegally, many of us have referred to what has transpired as a hoax. I think we need to look for another word to describe this.
When I think of a hoax, I have a mental picture of a series of actions that at some level are clever, indeed, ingenious (or bordering on it). Hoaxes are not simple to unravel; those who do unravel them need to display cleverness and ingenuity of their own.
With the exception of a few blogs we have come to know and love and the work of the defense attorneys for the LAX 3, this whole situation going back to March 14, 2006, when the security guard found Mangum passed out in Roberts' car up to today is completely devoid of cleverness or ingenuity.
Rather, it smacks of a Keystone Kops Kaper, such over the top slapstick that was (in the case of exposing Nifong) and still is (in the case of exposing Baker and Chalmers) so simple to detect that to call it a hoax glorifies the idiocy that continues to be demonstrated by the perpetrators and their supporters.
We need a new word. Anyone?
6:59
How can Brodhead stand up? He has no spine. Let's see if the city council have enough vertebrae combined that they can put together one spine.
Brodhead slithers in the muck with the Group of 88.
Note: no body in Washington gives a crap about what happens in the rest of the country. The ONLY job or congressmen and senators is to get reelectied. They accomplish this through pork. Unless it affects their pork they will not, do not care.
Besides after Janet Reno, Wako, and the Cuban kid no one should be surprised that the AG stays away from local matters.
Gonzales to Bush: Hey, Chief, want me to do this case?
Bush: golly gee yeah, if it helps the Party and gets rid of some of these darn Democrats.
Carolyn says:
I can't blame AG Cooper one bit for keeping clear of DPD's Stygian Stables.
He can't do anything without the will of those in charge to make changes - and the lying arrogance of every official in Durham proves there's none. Cooper did a herculean task in wading through the filth to rescue 3 innocent young men mired in it - but he had the strength of their innocence, families and attorneys to help him. He has none of that with the DPD - which makes him helpless.
I'm just so grateful for what he did for Reade, Dave and Collin.
Lacks "statutory authority"? Poppycock.
The Durham mayor was nudged down the wrong track; putting together an ad hoc committee to conduct an investigation, which in the end will lack the force of law.
A calculated move by Mr. Cooper designed to stave off the DOJ, assuming no prior arrangements between the two.
If the NC/AG lacks statutory authority to investigate this case, that is, aside from [non-criminal] Nifong, by what statutory interpretation is Mayor Bell granted such authority? (None)
If Mayor Bell bites, so long Durham.
If, on the other hand, Mayor Bell goes directly to the US Department of Justice using AG Cooper's investigative report, BINGO.
Meanwhile, it appears that Roy Cooper believes the DoJ has no compelling interest in pursuing the DPD, and only politicians can answer for this rise in politics.
Normally, in this sort of case, the wrongdoers are not punished. For instance, in Illinois, Pamela Fish put several people onto death row with purjured DNA testimony. But she has not been criminally prosecuted.
Because of the high profile of this case, it is possible that something will happen. But it may take a lot of pressure from us. We need to figure out who has the power to investigate this, then pressure them to do it.
5:39
"Should Brodhead stand-up this time,
Duke could begin to take a little
sorely needed high ground."
Yup. Either that, or people should
take to high ground to avoid
getting wet, Brodhead usually
performing his duties to his
students sitting down.
As to Bush's baby, Fez:
Al, prove us wrong. Prove that
you have a pair.
Carolyn my dear, Cooper is the TopCop in NC the only thing the measly weasel has to do is walk over to the SBI office and turn over the evidence Liefong gave him. He declared Nifong a rogue, is that protocol and procedure?
USDOJ should investigate why Cooper declared Nifong a rogue prosecutor if it was only about protocol and procedure and not criminal misconduct. Maybe Cooper should apologize to Nifong, seems it was only incompetence on the part of DPD and Liefong
How deep is the corruption in North Carolina and why aren't major newspapers and TV stations demanding a criminal investigation of Nifong, his office, Durham police and the city of Durham? This stinks.
Since the "victims" were not illegals or mexican drug smuglers, Gonzales is not going to do anything. This is absolutely obvious.
As for Dole and the other pathetic NC republican senator: They may be be good and honest persons, but they are spineless, pathetic and afraid of attacking designated hate/victim groups, such as NAACP or ACLU. This is the reason why they lost the elections. They did not fight for anything. Democratic party and Al-Qaida may be evil, but at least they fight for their own cause.
AG Cooper is a democratic party hack so he it is not in his interest to go after democratic party corruption in NC.
U.S. Department of Justice
Civil Rights Division
Criminal Section
In my view the 'information to sustain a criminal complaint' needs to begin with an investigation from the U.S. Department of Justice, Civil Rights Division, Criminal Section.
I would focus on the conspiracy to interfere with Reade's, Collin's and Dave's federally protected rights...including due process.
The DA and members of the DPD are just bit players in my opinion and I don't see how incompetence is illegal. Any focus on these people would be a diversion.
I would always focus on Reade, Collin and Dave and the harm they have suffered and the harm other students may suffer if the investigation is not carried out and the problems resolved.
Also, Civil Right violations and civil or criminal RICO charges with respect to Civil Rights should be understood by the residents of Durham, NC.
CIVIL RIGHTS DIVISION: CRIMINAL SECTION:
The federal criminal civil rights statutes provide for prosecutions of conspiracies to interfere with federally protected rights, deprivation of rights under color of law, the use or threat of force to injure or intimidate someone in their enjoyment of specific rights (such as voting, employment, education, public facilities and accommodations) and criminal housing interference.
http://www.usdoj.gov/
crt/crmsec.htm
::
GP
Is it possible for the Durham City Council to appoint their own outside organization to investigate this case? Then when they get the results, insist on some people being canned and perhaps criminally charged?
Hanging is too good for these Durham hacks.
I think all of us understand what has happened, and if we understand it, so do the people with criminal investigation authority. They have made their choice: to support evil and corruption.
Now WRAL is reporting that AG Cooper will request the NC SBI Director to compile a list of individuals to review the DPD investigation. Why the hell does Cooper not order the SBI to review the case. He is their boss and they all are under the NC Dept of Justice(cough). Cooper mud is coming up between your toes as you wade deeper ole boy.
Chicago 9:49 said...
...Is it possible for the Durham City Council to appoint their own outside organization to investigate this case? Then when they get the results, insist on some people being canned and perhaps criminally charged?
::
I'll bet the Police Accrediting organization would come back and provide that service if asked. The down side would be if they were so horrified with the results of their investigation that they recommend that the Feds be called
::
GP
maybe Reade could de-legimitaze himself, converting his status to illegal immigrant with fake SSN and history of drug smugling. This way Gonzales would send FBI and national guard to establish martial law in Durham within 24 hours.
How long before every N.C. criminal (innocent or guilty) convicted on evidence from the DPD starts calling for their cases to be re-opened because of all this? It's gotta happen, someway or other. I think Cooper is making the wrong choice in not investigating the DPD and getting it all over with as fast as possible. Otherwise he's just delaying things and it'll all come back to bite them.
Mea culpa. Burr and Dole. Republicans. Got it. Which leads me to wonder even more why they in particular are so passive. What's with that state? Glad I don't live there - my sad excuse for posting error. And my mistake doesn't negate the basic point - too quiet all around. Too...accepting.
The mayor has the power to fire the police chief and any number of ranking police officers. Being mayor means being responsible for the police department. It means, if the police chief isn't doing his job then you fire him.
CALEA accreditation - Durham PD has it. $100,000 cost to the tax payers, no benefit.
JLS says....,
This seems as clear as a bell to me. The AG says without a complaint, he does not have the authority to investigate. I would guess such a complaint must come from a victim.
Thus Evans, Finnerty or Seligmann the victims of the crimes people here want investigated would need to swear out a complaint, just as Mangum did against them. That is what the AG has asked for and it is up to them to complain a crime was committed against them.
Possibly any white 2006 Duke lacrosse team member could file a complaint that a crime was committed against them when the DPD and DAs office conspired to get the improperly
In reading these many comments, I often imagine our esteemed professor, KC, reading them and thinking, "These kids are not getting it!"
This case is about many things but as the well-chosen name of the Blog implies, it is primarily about things being upside down, as in Wonderland.
In short, anything reasonable people believe about equality under the law or equal treatment for college students and faculty employed by a university is upside down in the Wonderland that is Durham and Duke University.
That folks, is the lesson here.
White male college students and white male professors who do not tow the "anger studies and PC victim philosophy" line are not treated equally under the law of the land, or under the rules and regulations of a university. Duke University, although a most pathetic and egregious example, is far from alone in that regard.
In such a Wonderland, a white male simply cannot be a victim. College professors and students who do not buy into the dominant philosophy espoused by the vociferous screaming and whining faculty minority whose livelihood is entirely dependent on perpetuating certain "protected classes" as victims, have no voice and no defenders.
Thus, those of you who dwell on the minutiae involved in this case are clearly missing the big picture. Our system of government is supposed to be "... of, by and for the people" not just the people who petition as "victims." Reasonable citizens are the only people who can put a stop to this absurd and suicidal form of government by victimhood that has characterized this country for far too long.
While a private university is not a representative democracy, most purport to be organized to benefit students, as in Duke's flowery Mission Statement here: http://www.duke.edu/web/ous/mission.html which provides in part that "The mission of Duke University is ... to promote an intellectual environment built on a commitment to free and open inquiry; [and to provide] ... a sense of the obligations and rewards of citizenship, and a commitment to learning, freedom and truth."
Why is it then that in Durham freedom and justice is only for non-white, female "victims" and "truth" and "learning" are only what a small, radical leftist contingent of professors and other faculty who maintain a dogmatic mutual admiration society and possess "collegiality," tells the majority what "truth" and "learning" really are?
OneSpook
It seems that the general public can get the ball rolling: "The FBI encourages the public to report any suspected violations of U.S. federal law. You can do so by calling your local FBI office, Legal Attache office, or by submitting a tip via the FBI Tips and Public Leads form."
http://www.fbi.gov/hq/cid/civilrights/civilrts.htm
DURHAM IS FILTHY WITH CORRUPTION!
MOST PEOPLE LIVING THERE KNOW IT TOO!
Everyone wants to cover it up and move on. It's a African-American city and the Players are all democrats. They can't move into the "healing" phase fast enough.
Durham is a disgrace The leadership in NC is a disgrace.
Having watched the manipulation of the DNA results I am doubtful all of the Innocence Project's releases were truly innocent.
Brace up, fellow soldiers, brace up!
Look how far we've come, and it ain't over... not by a long-shot.
Aside from straining against justice, Mr. Cooper may have underestimated the good citizens of North Carolina. In fact, he now appears to be a man standing on a thin patch of ice floating in warm water.
And now that the law has ceded to the whims and ways of politics, I suggest we respond accordingly. Because only through the political may we regain the law.
JLS 11:27
Daggone that's a good analysis!
The students whose rights were
trampled need to be the ones
who file charges.
There's an old line I go by -
socially as well as in my work -
that might apply here, but doesn't:
"Why should I care more about you
than you care about yourself?"
In this case, we care about justice,
and that's not exclusive to the
boys. The AG says that the
boys themselves need to file
charges...
They should call his bluff,
if that's what it is.
As far as investigating other
things that are evidence of
criminal activity, the AG is duty-
bound.
He may also be waiting for June 12,
for the Bar to say that there was
a criminal conspiracy.
Durham deserves what it gets from all of the people involved in this fiasco, just like Iraq deserved Saddam. EVERYONE involved is still employed, including Nifong, and NO ONE has to accept responsibility for their actions. One can only hope that all of the participants and enablers will be on the other side someday. Perhaps the civil suits will provide some kind of justice but that will be the only avenue of redress.
I am not sure about civil suits. The families may want to just move on. Reade's letter to the blogesphere looked like an "adios" to me. He requested the blogesphere to move on to other cases. I appreciate KCs wrapup before moving on himself. Nifong's hearing will be the end. Durham will be left to continue its own brand of justice.
We already know there is a criminal conspiracy between Nifong and Meeham. Meeham admitted it in open court. AG knows it too and before his own report came out. Clearly, NC justice is only hanging Nifong out. Even Meeham and his lab is still getting business - from the Florida police, no less/
11:17 Don't the police belong to a union and are also either city or state employees?. Could firing them be that easy? I think the Police Chief is retiring in June.
I'm beginning to see a big dinner
party: what shall we have first?
How many courses? Who shall be
invited? What will be for desert?
Imagine how long it takes to organize
one of those events, and then apply
it to the Hoax.
Guess it could be a little hard to
decide how to proceed. I'm sure
that there are lots of opinions
from within the AG's office.
I think I'm about ready to give
him the benefit of the doubt.
cooper will not touch this case again; he already has damaged himself politically with the innocent b---s---. that was a tactical error; all he had to do was say not enough evidence to proceed. everyone would have been happy; the players would avoid a trial which was their main objective and the matter would have been settled but the innocence crap was a red flag and then his report was not very complete, a big no no. he is going to run again for state office(ag again or governor later) and he will need durham to win and he has already endangered that. severely. don't hold your breath about civil suits. that will not happen. these people do not want to go to court. they were and still are afraid of court as you cannot cut a deal in open court and you cannot refuse to talk in open court as you will look bad.
Alberto Gonzales just trying to save lives that is why he is not investigating!
How will he save lives you ask?
Once the corruption in the department is discovered, this police force like most other corrupt police departments will have a rash of suicides, some will be real, and some will be made to look like suicides to protect the guilty.
Tom E.
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