tag:blogger.com,1999:blog-32542246.post115725887687337343..comments2024-02-24T05:19:10.949-05:00Comments on Durham-in-Wonderland: Witness for the Defense?kcjohnson9http://www.blogger.com/profile/09625813296986996867noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-32542246.post-1157473686750151142006-09-05T12:28:00.000-04:002006-09-05T12:28:00.000-04:00Entertaining fantasy.I'm certainly with you in spi...Entertaining fantasy.<BR/><BR/>I'm certainly with you in spirit and I agree with much of your factual analysis. But of course what you suggest is beyond reality. A lot of wishful thinking has occurred among the defendants' supporters, resulting in unrealistic expectations, in my view.<BR/><BR/>A prosecutor wears different hats, and as long as we elect them one of those hats is being a politician pandering to the voters. We could have a system of appointed prosecutors, but removing the possibility of the electorate removing one raises a spectre of a worse evil should a corrupt and conniving DA take office.<BR/><BR/>Nifong's public pronouncements form no basis of making him a potential witness. The "officer of the court" duties concern truthfulness to the court, not truthfulness in public statements. A lot of what he said was just baseless speculation, particularly the choking and the condom comments. The characterization of the SANE report was false as was the denial of knowledge of Roberts' call to 911 about racial epithets. All of this I agree was unethical for a prosecutor, but hardly makes him a potential witness. <BR/><BR/>You come close on the photo array business, but unless Nifong contradicts what the cops say he said to do, there's nothing for him to testify to that can't be established through the cops. <BR/><BR/>The Nifong locomotive is still on the railroad tracks. A special prosecutor is too much to hope for. I think the next chance for derailing this railroad job is the suppression motions on the photo ID's. If that succeeds, the case would seem to collapse and be ripe for dismissal. The next chance would be for a Nifong loss at the election in November. Even then we would have to wait for a new person to be appointed and take charge before the case can be nolle prossed. After that the next best chance is the approach of a real trial date, which will force the accuser to save face and declare (tearfully) she asks the prosecution to stop because of the stress on her family.<BR/><BR/>I had hopes that the case would be dismissed in time for Seligman and Finnerty to go back to school and play this coming Spring. But trying to be realistic, I don't see it happening in time. They'll probably lose the second semester, too.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157421747952063502006-09-04T22:02:00.000-04:002006-09-04T22:02:00.000-04:00KC,You do an incredible job sorting out fact from ...KC,<BR/><BR/>You do an incredible job sorting out fact from fiction in this case. As a NC resident and duke grad there has been precious little critiquing of this hoax from my alma matter, very little from the press and none I'm aware of from our NC politicians, to my knowledge. Thank God for the bloggers!<BR/><BR/>Anonymous, in terms of the "Jovanovic v. City of New York" cite provided what's the relevance to this hoax since that decision was only in the southern district of NY (US)?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157328707946072022006-09-03T20:11:00.000-04:002006-09-03T20:11:00.000-04:00“The fact that a victim provides the police with i...“The fact that a victim provides the police with information of an alleged crime does not, without more, constitute probable cause. Rather, the officer has a duty to assess the reliability of the victim and, if circumstances call into doubt the victim’s veracity, to investigate the allegations and corroborate them…Defendants further argue that Plaintiff’s indictment by a grand jury precludes a claim for false arrest, as it creates a presumption of probable cause. While a grand jury indictment does create a presumption of probable cause…it is rebuttable ‘by evidence that the indictment was the product of fraud, perjury, the suppression of evidence by the police or other police conduct undertaken in bad faith.’…” <BR/><BR/>Jovanovic v. City of New York, et al., opinion filed August 17, 2006, at 11-13 (SDNY)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157322331920344332006-09-03T18:25:00.000-04:002006-09-03T18:25:00.000-04:00In answer to the above question, it's Category 1, ...In answer to the above question, it's Category 1, section (e) of the protocols for the NC Att'y General's special prosecutions division.<BR/><BR/>The protocols, unfortunately, aren't on-line; the AG's office sent them to me when I called to ask for them.kcjohnson9https://www.blogger.com/profile/09625813296986996867noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157319244252895242006-09-03T17:34:00.000-04:002006-09-03T17:34:00.000-04:00What is "Category I, section (e)" ? Could you pro...What is "Category I, section (e)" ? Could you provide a link or a full citation? This is a fascinating subject, and I would like to know more.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157298918271476282006-09-03T11:55:00.000-04:002006-09-03T11:55:00.000-04:00I am looking forward to seeing Nifong testify. He ...I am looking forward to seeing Nifong testify. He better wear sweat proof suit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157297992891076332006-09-03T11:39:00.000-04:002006-09-03T11:39:00.000-04:00Once again your analysis is brilliant. I hope you ...Once again your analysis is brilliant. I hope you are planning to write a book on this when it is all over. Your writing on this case has been incredible!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157292705729788982006-09-03T10:11:00.000-04:002006-09-03T10:11:00.000-04:00Nice KC. Apropos, see Whither Nifong's Assets:Afte...Nice KC. Apropos, see <A HREF="http://crystalmess.blogspot.com/2006/08/whither-nifongs-assets.html" REL="nofollow">Whither Nifong's Assets</A>:<BR/><BR/>After he is cast out, Nifong will be, <I>de facto</I>, unemployable in the thinly-sliced legal specialty that has defined his adulthood. He's a disgrace, a proven liar, the antithesis of a minister of justice. DAs throughout the state and nation will refuse to have Nifong darken their doors. Easley, eyeing a U.S. Senate seat, is not, people, going to re-appoint his greatest political embarassment... After nearly thirty years honing his craft, Nifong will be left without a place to practice it. This will be the first post-loss reality to come to home to roost. Bar discipline, disbarment proceedings, federal indictment and civil trials (x3) will only follow, later. <BR/><BR/>The foregoing crystallizes the need for Nifong to be replaced by a special prosecutor immediately. Obviously, Nifong has a humongous conflict of interest. It is in his selfish interest to continue to posture this case as one carried forward by him reasonably, in good faith, evidence be damned. Else, he's being trained by Napolean Dynamite on how to properly wear the cardboard sailor's hat and <I>always</I> ask if they'd like fries with that.August Westhttps://www.blogger.com/profile/09919963003128838777noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157290383904086902006-09-03T09:33:00.000-04:002006-09-03T09:33:00.000-04:00What is additionally interesting about the two pur...What is additionally interesting about the two purported non-team members is the D.A.'s description of them as “two fraternity people.” That adjective hits all the right buttons with some people: jocks and frats. It has greater punch that "two non-team members" or "two guests" or "two other college students."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157279135013353472006-09-03T06:25:00.000-04:002006-09-03T06:25:00.000-04:00EXCELLENT dissection of the facts!Texas MomEXCELLENT dissection of the facts!<BR/>Texas MomAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-1157276245487163562006-09-03T05:37:00.000-04:002006-09-03T05:37:00.000-04:00I wouldn't say that Nifong handled the case with i...I wouldn't say that Nifong handled the case with inexperience. I think he handled it like an experienced slime scum.Anonymousnoreply@blogger.com