Comments and analysis about the Duke/Nifong case (2006-2014).
Wednesday, June 20, 2007
Nifong's "Law Enforcement Purpose"
In this brief clip, Mike Nifong unconvincingly explains why some elements of his pre-primary publicity barrage had a legitimate law enforcement purpose.
I watched this portion of Nifong's testimony live and wondered at the time why he wasn't cross-examined on his self-assumed role as a "police investigator". The "law enforcement" exception to public, pre-trial statements from a prosecutor assumes a situation in which the identity of the allegd perpetrator(s) is unkown, and that he/she is at large among a substantial population (compare a case where there is a missing person with no solid leads/evidence). Here, by Nifong's own admission, he had narrowed the group of possible perpetrators to the finite group of 46 lacrosse players. Under these circumstances, his comments could not reasonably fit into the "law enforcement" exception. Indeed, his reliance on this exception under these facts seems to be an admission that he was in fact acting as a de facto police investigator. This may have important impact on whether he can avail himself of an immunity defense in any civil suits that may be filed against him.
I can answer that one, anonymous! Obviously, Nifong was not cross examined about his role as "police investigator" because his stream-of-consciousness babble was so incoherent it confused Williamson--Williamson became disoriented and lost his way.
And of course by the time of most if not all of his statements asserting a crime had taken place or guilty on the part of a group or certain individuals, Mr. Nifong had already on 27 March 2006 been briefed on the state of the evidence around Mangum's complain and said, "You know we are f'ed."
But if he truly belived that Crystal had been raped, would not a prudent course of action have been to find matches to the DNA found in all of her, well, openings?
Clearly he is as bad an investigator as he is a DA.
"But if he truly belived that Crystal had been raped, would not a prudent course of action have been to find matches to the DNA found in all of her, well, openings?" This is the most troubling aspect in the entire case. Why didn't Nifong or the DPD continue investigating the leads they did have? For example, the DNA positives? The DPD knew where she worked, Bunny Hole Entertainment. Surely Bunny Hole has some information on her customers. At least they should have had hotels and room numbers. For me, this shows not only a poor investigation, but a rush to indict.
"But he is good at talking." And this is after he has been coached by his lawyers. I know they told him to tell the truth, but they went over likely question and worked on set answers for him to give. I wonder what he would have said if he hadn't lawyered up?
The great question by Wmson was, how does talking to the national media have a legitimate law enforcement purpose in a local case? Combine that with Nifong's statement that he did not want Durham to be defined by the team's alleged behavior and it is exceedingly evident that there was no legitimate law enforcement purpose in talking to the media. It was just a bunch of chest-beating campaign ads.
I just can't help but believe Nifong is going to reappear somewhere with new lawyers and try to appeal/overthrow the Bar response. I know he said he wouldn't, but we know he is dishonest and delusional. I can see him trying to resurrect himself as a victim of all those evil people after stewing with hatred for a few months, far more than I can see him accepting his self-immolation after months of honest reflection.
I just can't help but believe Nifong is going to reappear somewhere with new lawyers and try to appeal/overthrow the Bar response.
I think similarly until I consider that Nifong has far greater legal problems that disbarment at this point. I would think keeping his *ss out of jail easily rates as a higher priority.
"ralph phelan said...No, he's going to reappear when he runs for Congress.
And don't think for a minute that the party of Al Sharpton and Alcee Hastings wouldn't nominate *and elect* him." If he runs in Durham, he would have to beat David Price in the Democratic Primary. No easy task. Price is popular, liberal and principaled.
Principled is as principled does. Price is a liberal democrat - principles in his party are very slippery things. They apply only when they can be used to beat your opponents.
But as an incumbent, he shall not leave his life of white priviledge until he decides it is time to do so.
I have always voted against him, but priviledge has its benefits, eh?
"Ralph Phelen said....OK, so maybe Nifong will need to start off in the State House. From what I've seen of NC politics over the last year or so, he'll fit in just fine." Nifong would certainly get along well with the likes of Jim Black. I am sure they would share a booth at the IHOP. Nifong and Easley share much the same prosecutorial zeal. The Gell case and the lacrosse cases have far too much in common for my taste.
Why doesn't Nifong just admit it? He was turning up the heat, hoping a couple of eggs would crack. Also known as a bluff.
Strong arming Elmostafa didn't work; using the NY Times didn't work; calling in Wendy Murphy and Nancy Grace didn't work. The 88 just pissed everybody off.
Gotta wonder why he tried this stuff after saying how "forked" he was. "Hope springs eternal?"
I watched this portion of Nifong's testimony live and wondered at the time why he wasn't cross-examined on his self-assumed role as a "police investigator". The "law enforcement" exception to public, pre-trial statements from a prosecutor assumes a situation in which the identity of the allegd perpetrator(s) is unkown, and that he/she is at large among a substantial population (compare a case where there is a missing person with no solid leads/evidence). Here, by Nifong's own admission, he had narrowed the group of possible perpetrators to the finite group of 46 lacrosse players. Under these circumstances, his comments could not reasonably fit into the "law enforcement" exception. Indeed, his reliance on this exception under these facts seems to be an admission that he was in fact acting as a de facto police investigator. This may have important impact on whether he can avail himself of an immunity defense in any civil suits that may be filed against him.
ReplyDeleteIs Nifong speaking English??
ReplyDeleteI can answer that one, anonymous! Obviously, Nifong was not cross examined about his role as "police investigator" because his stream-of-consciousness babble was so incoherent it confused Williamson--Williamson became disoriented and lost his way.
ReplyDeleteBobC
10:50:
ReplyDeleteLMAO...you are right!
Anon.
He actually blames part of his nationwide media blitzkreig on his "unfamliarity with TV"
ReplyDelete-sociopath extrodinaire !
JLS says....,
ReplyDeleteAnd of course by the time of most if not all of his statements asserting a crime had taken place or guilty on the part of a group or certain individuals, Mr. Nifong had already on 27 March 2006 been briefed on the state of the evidence around Mangum's complain and said, "You know we are f'ed."
But if he truly belived that Crystal had been raped, would not a prudent course of action have been to find matches to the DNA found in all of her, well, openings?
ReplyDeleteClearly he is as bad an investigator as he is a DA.
But he is good at talking.
"But if he truly belived that Crystal had been raped, would not a prudent course of action have been to find matches to the DNA found in all of her, well, openings?" This is the most troubling aspect in the entire case. Why didn't Nifong or the DPD continue investigating the leads they did have? For example, the DNA positives? The DPD knew where she worked, Bunny Hole Entertainment. Surely Bunny Hole has some information on her customers. At least they should have had hotels and room numbers. For me, this shows not only a poor investigation, but a rush to indict.
ReplyDelete"But he is good at talking." And this is after he has been coached by his lawyers. I know they told him to tell the truth, but they went over likely question and worked on set answers for him to give. I wonder what he would have said if he hadn't lawyered up?
Walt in Durham
he says he wanted to have people who were not actually involved come forward
ReplyDeletelast time I heard, if you witnessed it, you WERE involved
maybe Miss Cleo in Jamaica or whereever she is might have dialed him up!!
The great question by Wmson was, how does talking to the national media have a legitimate law enforcement purpose in a local case? Combine that with Nifong's statement that he did not want Durham to be defined by the team's alleged behavior and it is exceedingly evident that there was no legitimate law enforcement purpose in talking to the media. It was just a bunch of chest-beating campaign ads.
ReplyDeleteI just can't help but believe Nifong is going to reappear somewhere with new lawyers and try to appeal/overthrow the Bar response. I know he said he wouldn't, but we know he is dishonest and delusional. I can see him trying to resurrect himself as a victim of all those evil people after stewing with hatred for a few months, far more than I can see him accepting his self-immolation after months of honest reflection.
ReplyDeleteI just can't help but believe Nifong is going to reappear somewhere with new lawyers and try to appeal/overthrow the Bar response.
ReplyDeleteI think similarly until I consider that Nifong has far greater legal problems that disbarment at this point. I would think keeping his *ss out of jail easily rates as a higher priority.
No, he's going to reappear when he runs for Congress.
ReplyDeleteAnd don't think for a minute that the party of Al Sharpton and Alcee Hastings wouldn't nominate *and elect* him.
"ralph phelan said...No, he's going to reappear when he runs for Congress.
ReplyDeleteAnd don't think for a minute that the party of Al Sharpton and Alcee Hastings wouldn't nominate *and elect* him." If he runs in Durham, he would have to beat David Price in the Democratic Primary. No easy task. Price is popular, liberal and principaled.
Walt in Durham
"Price is popular, liberal and principaled."
ReplyDelete2 counts in his favor, one against in Durham.
Principled is as principled does. Price is a liberal democrat - principles in his party are very slippery things. They apply only when they can be used to beat your opponents.
ReplyDeleteBut as an incumbent, he shall not leave his life of white priviledge until he decides it is time to do so.
I have always voted against him, but priviledge has its benefits, eh?
OK, so maybe Nifong will need to start off in the State House. From what I've seen of NC politics over the last year or so, he'll fit in just fine.
ReplyDeletehow does the other end of the whip taste, mikey
ReplyDeleteDavid Price, "principled" ???????????
ReplyDeleteHhahahahahahahahahahahaha !!!!!!!!!!
To : Hhahahahahahahahahahahah!!!!
ReplyDeleteDitto --- HARDEE HAR HAR HAR HAR!!! I'm chocking!!!!!!
Price has the principles of a cockroach.
Why is KC stonewalling on the last evidence submitted by Fried man? Is it exculpatory for the Fong?
ReplyDelete"Ralph Phelen said....OK, so maybe Nifong will need to start off in the State House. From what I've seen of NC politics over the last year or so, he'll fit in just fine." Nifong would certainly get along well with the likes of Jim Black. I am sure they would share a booth at the IHOP. Nifong and Easley share much the same prosecutorial zeal. The Gell case and the lacrosse cases have far too much in common for my taste.
ReplyDeleteWalt in Durham
Why will KC not post the final exculpatory evidence submitted by Fried man exculpating the Fong?
ReplyDeletePraise the Lord! Easley is putting Jim Hardin back in the office!
ReplyDeleteWhy doesn't Nifong just admit it?
ReplyDeleteHe was turning up the heat, hoping
a couple of eggs would crack.
Also known as a bluff.
Strong arming Elmostafa didn't work;
using the NY Times didn't
work; calling in Wendy Murphy
and Nancy Grace didn't work.
The 88 just pissed everybody off.
Gotta wonder why he tried this
stuff after saying how "forked"
he was. "Hope springs eternal?"