tag:blogger.com,1999:blog-32542246.post620338708549145523..comments2024-02-24T05:19:10.949-05:00Comments on Durham-in-Wonderland: The Nifong Effectkcjohnson9http://www.blogger.com/profile/09625813296986996867noreply@blogger.comBlogger47125tag:blogger.com,1999:blog-32542246.post-7264714389890649882007-08-06T01:17:00.000-04:002007-08-06T01:17:00.000-04:00RE: Aug 5, 2007 6:18:00 PM Clearly, there is plent...RE: Aug 5, 2007 6:18:00 PM <BR/><BR/>Clearly, there is plenty of corruption in so many nationwide police depts and other law enforcement agencies.<BR/><BR/>My point was (admittedly I did not make it well) that Nifong is a guy that is more likely than not to emerge from the South. <BR/><BR/>To be fair, it is felt by many the South is the best place to live (overall) in America these days. <BR/><BR/>I truly apologize INMAN--> perhaps I got carried away a bit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-56231867101737202062007-08-05T23:42:00.000-04:002007-08-05T23:42:00.000-04:00Midnight Rider is the perfect theme song for KC's ...Midnight Rider is the perfect theme song for KC's blog. It gets my vote.Mad Hatterhttps://www.blogger.com/profile/15604648748022831113noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-41430167541071270052007-08-05T22:39:00.000-04:002007-08-05T22:39:00.000-04:00Debrah loves KC, Debrah has a boyfriend!Of course,...Debrah loves KC, Debrah has a boyfriend!<BR/><BR/>Of course, I am just jealous. I sit alone, in my place here in Durham, just waiting for a glimpse of the boots. But they never come. <BR/><BR/>That makes me so Nifonging mad!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-12075047333975097732007-08-05T22:19:00.000-04:002007-08-05T22:19:00.000-04:00JLS 9:38"The DA there of course immediately droppe...JLS 9:38<BR/>"The DA there of course immediately dropped the charges."<BR/><BR/>Reminds me of "The 13th Warrior," where the guy being left behind said:<BR/> "This was a good day!" <BR/>Except in the case you mention (re. the ballpark) we could say:<BR/>"This was a good DA!"<BR/><BR/>I doubt that such a law ("Mac's Law") would have a large number of applications, and would be opposed by some defense attorneys (privately, of course) as a pretrial dismissal would cost them money. I expect that in this case, it would have been used promptly if it were available.<BR/>(My guess.) You're absolutely right, though: any reasonable, honest DA would have dropped this case like a bag of flaming poo. Cooney's plan - (as he articulated it) - was to prevent the DA from using evidence (like the lineup procedure, which was more than flawed) in the absence of the ability to make such a motion.<BR/><BR/>I'd still like to see a law on the books that enables such a motion under certain circumstances, if only to balance the grand jury system, which seems to have been developed by and for protohominids.machttps://www.blogger.com/profile/14248016116043347912noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-57630045904569951252007-08-05T22:01:00.000-04:002007-08-05T22:01:00.000-04:00KC>Your insight and coverage, just beautiful work....KC>Your insight and coverage, just beautiful work. Thank you, though the price paid by these three families was too great for the lessons learned by some DA's across the country. But none the less, it is good to hear people were watching and listening when Nifong was brought to justice.<BR/>Duke should take notes.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-82251225504816522982007-08-05T21:38:00.000-04:002007-08-05T21:38:00.000-04:00JLS says....,re: macI guess it comes down to reaso...JLS says....,<BR/><BR/>re: <B>mac</B><BR/><BR/>I guess it comes down to reasonable DAs are thought not to bring or continue bringing charges under the circumstances like in this case. <BR/><BR/>But in the real world there are many cases where someone places a person committing a crime and they have an alibi OFTEN a spouse or other family member. These cases come down to who the jury believes. <BR/><BR/>There was a recent case where someone in LA was held for a year for a gang murder. He said he was at Dodger stadium. Either the guy or his lawyer contacted HBO's Curb Your Enthusiasm who happened to have filmed at Dodger stadium that night and after much searching of their crowd scenes out takes found the guy in the crowd. The DA there of course immediately dropped the charges.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-40053329974027328752007-08-05T20:11:00.000-04:002007-08-05T20:11:00.000-04:00JLS,In a motion to dismiss, the evidence of the pr...JLS,<BR/>In a motion to dismiss, the evidence of the prosecution would definitely be a good place to start, since they are required to share it: the evidence they both shared was that the accused -(two of them)- were elsewhere when the alleged crime occured.<BR/>However...<BR/>I gather that most of the motions to dismiss have to do with tort cases, and in criminal trials where Constitutional rights are threatened. Those are where motions to dismiss are usually found. You pretty much answered my question, though: it's not a common practice. Mr. Cooney stated that the motion to dismiss in criminal law did not exist in North Carolina. I wondered, from his wording, if that kind of motion existed outside of the state of NC, and in venues other than torts and Constitutional law.<BR/>(Guess not.)<BR/> <BR/>Maybe there should be such a law, when evidence shows that a defendant <BR/>is so reasonably and overwhelmingly innocent (i.e. the defendant was not in the same locality, <BR/>the accuser could not have been levitated based upon the laws of physics etc.)<BR/>that the charges should never have been brought in the first place? Sure would free up a lot of dockets. Maybe.<BR/>);You could call it "Mac's Law." :)machttps://www.blogger.com/profile/14248016116043347912noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-73556219225083851792007-08-05T20:03:00.000-04:002007-08-05T20:03:00.000-04:00To "mac" (6:32PM)--One has only to read KC's story...To "mac" (6:32PM)--<BR/><BR/>One has only to read KC's story and his battle with those <I>professors</I> around him--twice his age and his CV is two or three times as full as theirs--to see how very corrupt things are.<BR/><BR/>it sounds hyperbolic, but KC is simply amazing. <BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-11977809797813963372007-08-05T19:38:00.000-04:002007-08-05T19:38:00.000-04:00JLS says....,re: macIn a motion to dismiss, I am n...JLS says....,<BR/><BR/>re: <B>mac</B><BR/><BR/>In a motion to dismiss, I am not sure alibi evidence would even come up. A motion to dismiss as far as I have seen concerns the evidence of the prosecution, not the evidence of the defense. That is the question before the judge is does the DA have enough evidence to go forward. In this case, if Mangum was willing to continue to lie, Nifong would have prevailed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-11624598881081178672007-08-05T18:32:00.000-04:002007-08-05T18:32:00.000-04:00Nifong is a name that will be remembered for a lon...Nifong is a name that will be remembered for a long time, as well as Nifey's gang of beligerents and co-conspirators.<BR/>(I suspect that KC's name will be remembered for a long time, too, but chiefly for his positive contributions.)<BR/><BR/>For those who don't think the tide is turning in academia, too, one need only read an article in the LA Times by Gregory Rodriguez, "America's Hidden Crackpots." I have no idea what he's written in the past, but this article proves that people are taking notice of the academic crazies, and the effort to filter them out and to demand rigorous academic accountability seems to be occuring already. He sounds like a poster on DIW, to be honest! It's sound logic, good writing.<BR/><BR/>Still, some posters (Jack?) keep demanding that the effort to reform the system stop, that we should all just stop posting and shut up, because, after all, GM can't reform itself, and therefore nothing else is worth taking the time and effort to rescue, either! Right? (Gee. That's great logic: let's start by shooting the wounded, instead of getting them battle-ready once again.) That's the worst kind of defeatism. Maybe General Patton needs to have a word with some of those types. Maybe they need a slap with a leather glove, too?<BR/><BR/>As the saying (or cliche) goes: it only takes an ounce of pressure to steer a large ship. Looks like the ship is beginning to move, already; keep on pushing, KC: it's paying off.machttps://www.blogger.com/profile/14248016116043347912noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-60438609328669397082007-08-05T18:18:00.000-04:002007-08-05T18:18:00.000-04:005:23Excuse me, but I take umbrage at your comment ...5:23<BR/><BR/>Excuse me, but I take umbrage at your comment regarding the South. <BR/><BR/>Police corruption in other parts of the country has been documented...New York City, New Orleans, Los Angeles ... etc. ...<BR/><BR/>Your comment -- "...prototypical Southern sheriff thug..." -- betrays your bias.<BR/><BR/>My experience and sense is that law enforcement officers in the Southern states are every bit as professional, honest and well-intentioned as their counterparts in the North, or the West, or frankly anywhere. Yes, there are a few bad apples, but that is why other major police departments have had scandals.<BR/><BR/>Whether the South has a lot for which it must answer is a political question and one that likely will never be answered. Your opinion in that regard is noted.<BR/><BR/>But, unlike other judicial proceedings in which evil was addressed (such as the Nuremberg trials), the Duke Lacroose Burning case was not intended to address Southern 'evil'. <BR/><BR/>One could argue that despite the many fine contributions of innumerable African American and Black scholars, businessmen, politicians, doctors, scientists, etc. --- that despite their contributions, the Union lost the war. For such is the state of the progeny of all who lived during that era.<BR/><BR/>M<B><I>y opinion only: </B></I>Honor died. Deceit and crime and discourtesy and hate and dishonor has become a fact of American life. And race has become the card that all-too-many people are willing to carry.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-31825097793965445132007-08-05T17:58:00.000-04:002007-08-05T17:58:00.000-04:00Debrah/Dorothy 5:11Thanks! I'm not Scarecrow, nor...Debrah/Dorothy 5:11<BR/>Thanks! I'm not Scarecrow, nor Tinman, nor the Lion, actually,<BR/>since those are bigger players with real insider-knowledge and credibility - <BR/>(you sure know some of the local folk, eh? That's why you get to be Dorothy!)<BR/><BR/>I'm actually a reformed, repentant flying monkey.machttps://www.blogger.com/profile/14248016116043347912noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-75273081203830603062007-08-05T17:44:00.000-04:002007-08-05T17:44:00.000-04:00TO 5:23PM--On most points I must concur; however, ...TO 5:23PM--<BR/><BR/>On most points I must concur; however, as one who comes from Northern, Southern...and a bit of Northwestern stock....I believe there's enough evil to go around most everywhere.<BR/><BR/>I totally agree with your description of Nifong.<BR/><BR/>He most certainly conjures up images and tales of the old small town white racist sheriff.<BR/><BR/>Only thing is...in this case, his victims are from the other side of town.<BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-91515654200688342882007-08-05T17:23:00.000-04:002007-08-05T17:23:00.000-04:00I have never visited North Carolina and I'm sure i...I have never visited North Carolina and I'm sure it's a fine place. But if it were not for many out-of-staters (including KC of course) these boys would still be on trial.<BR/><BR/>In many ways, Nifong is a descendent of the prototypical Southern sheriff thug. You just don't find this type of joker in places like Cleveland.<BR/><BR/>As far as I'm concerned, the South has a lot to answer for in US history--- and we can now add Mr. Nifong along with North Carolina's response to that sad history.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-25589103001207738522007-08-05T17:11:00.000-04:002007-08-05T17:11:00.000-04:00Oh, "mac"......what an analogy!Do you mind if I ru...Oh, "mac"......what an analogy!<BR/><BR/>Do you mind if I run off with <I>Kitty Diva</I> instead of a little dog?<BR/><BR/>BTW, her full name is <I>Farah Dhiba</I> (after the wife of the late Shah of Iran--<I>Diva</I> loves Persians!)<BR/><BR/>And you'll be the big-hearted lion.<BR/><BR/>:>)<BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-18645462220489789482007-08-05T17:01:00.000-04:002007-08-05T17:01:00.000-04:00Debrah,I'll miss you presence, too, like Dorothy i...Debrah,<BR/>I'll miss you presence, too, like Dorothy in the Wizard of Oz. <BR/>KC is the Wizard, obviously, but most of us will run off and melt<BR/>into the underbrush like the Munchkins - <BR/>(oh, I know some trolls will love to hear that admission!) <BR/>The One Whom We Do Not Speak Of has been doused with a bucket <BR/>of clean water and has melted...<BR/><BR/>Hail to Dorothy! "Ooo-eee-oh..."<BR/><BR/>We'll miss you, Dorothy, and your little dog too!<BR/><BR/>Scarecrowmachttps://www.blogger.com/profile/14248016116043347912noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-53035145401682996182007-08-05T16:40:00.000-04:002007-08-05T16:40:00.000-04:00Oh, wow!Ashley and company are to begin endorsing ...Oh, wow!<BR/><BR/>Ashley and company are to begin endorsing candidates.<BR/><BR/>Should anyone guess who they'll be?<BR/><BR/>The H-S doesn't really have to bother. After all, they do all their editorializing inside their regular <I>news</I> reports.<BR/><BR/>Get excited by the <I>change</I>. LOL!<BR/><BR/><BR/><BR/><I>Herald-Sun to endorse candidates<BR/><BR/>Aug 5, 2007<BR/>Over the years, The Herald-Sun editorial pages have shared our institutional views on a host of subjects.<BR/><BR/>From whether to borrow money to fix streets and sidewalks to celebrating national championships, from fighting crime to recruiting jobs, from defense spending to Darfur, we have not been bashful.<BR/><BR/>But in one area we have been silent. At least for as long as anyone here can remember, and perhaps throughout the paper's history, we have refrained from sharing our opinions on candidates for elective office.<BR/><BR/>This year, that is changing.<BR/><BR/>This fall, we'll endorse a candidate for mayor of Durham and for the three at-large seats at stake on the City Council.<BR/><BR/>We're starting with a fairly small slate, expecting to comment on more races in years to come. Next year's county, state and national elections will present a much larger field, and we may well decide to go beyond Durham in later municipal election cycles.<BR/><BR/>The change in endorsement policy comes after substantial discussion. In the 2 1/2 years I've been editor, a number of people have urged us to reconsider the paper's policy of not endorsing, while some newcomers to the area have expressed surprise we don't.<BR/><BR/>Many people, on the other hand, have urged us to continue refraining from endorsements.<BR/><BR/>Endorsing candidates seems like a natural act for a newspaper's editorial page, perhaps because at both newspapers I've edited before, not to mention The Charlotte Observer where I spent a decade, endorsements were an annual ritual.<BR/><BR/>And in this region, both The News and Observer and The Independent, the feisty, pugnacious alternative weekly, have endorsed. So do several political action groups.<BR/><BR/>I understand the arguments many make against newspaper endorsements. In recent years, in fact, probably more newspapers have abandoned the practice than have taken it up.<BR/><BR/>Those who reject the practice would say that newspapers have no place telling citizens how to vote. Some characterize it as arrogance.<BR/><BR/>Al Neuharth, the former Gannett CEO who among other accomplishments launched USA Today, has long been one of the industry's most ardent opponents of endorsements.<BR/><BR/>"Newspaper endorsements of candidates are viewed as kingmaking and resented by readers," Neuharth once wrote.<BR/><BR/>Countering that line of thinking, Washington Post columnist Fred Hiatt wrote last year that he had "come to believe it would be more arrogant to remain haughtily above the fray."<BR/><BR/>I like and share Hiatt's reasoning.<BR/><BR/>"We spend all of our time in between elections telling officials what to do, advocating for the ideal, arguing for what we think is right," he wrote. "But then, on Election Day, the ideal isn't on the ballot. Instead, there's a concrete choice between two or more flawed human beings ... yet, we urge voters to do their civic duty and make their best choices. I think we ought to go on record and do the same."<BR/><BR/>There is, I confess, a certain placidity to not endorsing. The past couple of election seasons, for the first time in my two decades as an editor, I haven't had to cope with angry unendorsed candidates or, even more often, their supporters. Candidates generally take the outcome of the endorsement process more philosophically than some of their partisans.<BR/><BR/>As Hiatt argued, though, it is unseemly of us to urge others into the electoral arena and then sit smugly on the sidelines.<BR/><BR/>We intend to spend a good bit of time on our choices, just as we know many of you will. We'll interview each candidate, review their records, rely on our own knowledge and that of others to make the most reasoned judgment we can.<BR/><BR/>That is what any voter would do. If we present our case articulately, we might help to affirm or strengthen someone's choice. Sometimes, we'll affirm or strengthen their choice to vote for the person we don't endorse.<BR/><BR/>Regardless, we hope we help to encourage debate and deliberation about the contests, just as we hope to on the issues successful candidates will confront during their terms in office.<BR/><BR/>In the end, we hope that you make your own best choice about whom to support -- and, most important, that you go to the polls on election day to register that choice.</I> (Bob Ashley's Sunday drivel)<BR/><BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-57277201386822963052007-08-05T16:04:00.000-04:002007-08-05T16:04:00.000-04:00Beyond heart-wrenching.....it will mean having to ...Beyond heart-wrenching.....it will mean having to get back into a workout schedule again...instead of getting lost daily inside and devouring the <I>intellectual candy</I> that is <I>Wonderland</I>.....GIS!<BR/><BR/>I'll yield to--surprisingly---a Madonna tune to convey this sentiment:<BR/><BR/><I>Don't tell me to stop</I><BR/><BR/><I>Tell the rain not to drop</I><BR/><BR/><I>Take the black off a crow</I><BR/><BR/><I>Just don't tell me to go.....</I><BR/><BR/><A HREF="http://www.youtube.com/watch?v=L5o5UmeKJ3s" REL="nofollow">Don't_Tell_Me</A><BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-5937905690433492862007-08-05T15:53:00.000-04:002007-08-05T15:53:00.000-04:00TO 2:42PM--Yes, the Gritty Gang of 88 profiles hav...TO 2:42PM--<BR/><BR/>Yes, the Gritty Gang of 88 profiles have been phenomenal.<BR/><BR/>What has made this scenario so delicious is that the Gang provoked the scrutiny themselves....as they went about harming others.<BR/><BR/>And as many, many posters have opined, not having <I>Wonderland</I> as a cyber destination will be heart-wrenching.<BR/><BR/>:>)<BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-64171330748627802922007-08-05T15:43:00.000-04:002007-08-05T15:43:00.000-04:00OK, everyone weigh in on the selection of Midnight...OK, everyone weigh in on the selection of <I>Midnight Rider</I> as KC's Theme.<BR/><BR/>The fabulous Spook has found an original cut and all he needs to do is put some photos of the saga with it.<BR/><BR/>Then we'll ask KC to include it as a link on the right side of the screen......if he likes the idea.<BR/><BR/>LIS!<BR/><BR/>DebrahAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-35821046503419687352007-08-05T14:42:00.000-04:002007-08-05T14:42:00.000-04:00I tend to agree with Tim. How about two G88 profil...I tend to agree with Tim. How about two G88 profiles a week instead of one, and less on what remains of the Fong? Judging from recent comments, the profiles are starting to hit home. And many of them have been flat-out hilarious. More red meat!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-38866812184620417522007-08-05T14:23:00.000-04:002007-08-05T14:23:00.000-04:00JLS 12:35Perhaps: depends upon the judge.The alibi...JLS 12:35<BR/>Perhaps: depends upon the judge.<BR/>The alibis were so clean, it is hard to believe that<BR/>the case against two of the accused<BR/>would have proceeded.<BR/><BR/>Kobe Bryant's case was different, especially in light of the fact that<BR/>sexual activity was admitted.<BR/><BR/>Compared to this case, with the absence of the accused from the alleged crime scene <BR/>at the time of the alleged crime, it seems very unlikely that the cases<BR/>would have a similar outcome.<BR/><BR/>I would be interested to hear an opinion from an attorney, particularly from North Korealina,<BR/>especially one of those who were<BR/>involved in this case.machttps://www.blogger.com/profile/14248016116043347912noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-66286243129040615912007-08-05T13:52:00.000-04:002007-08-05T13:52:00.000-04:00"The newsletter noted how some have feared that Ni..."The newsletter noted how some have feared that Nifong’s behavior might make prosecutors fearful to bring marginal cases."<BR/><BR/><BR/><BR/>The question of when to bring a marginal case is an interesting one. If you have an honest and fair prosecutor then I would be inclined not to second-guess his/her discretion. The problem arises when you have a marginal case combined with a politically sensitive case and a dishonest prosecutor. I’m not sure our system allows for a fair outcome in these circumstances.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-88221799801268036082007-08-05T13:25:00.000-04:002007-08-05T13:25:00.000-04:00Mr. Johnson, I have been reading this Blog for mo...Mr. Johnson, I have been reading this Blog for months,and want to thank you for the wonderful job you've done.I'm looking forward to reading your book.Thank you againAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-50895209944180831042007-08-05T12:35:00.000-04:002007-08-05T12:35:00.000-04:00JLS says....,re: macMaybe a pretrial motion to dis...JLS says....,<BR/><BR/>re: <B>mac</B><BR/><BR/>Maybe a pretrial motion to dismiss would be ok, but it would not have changed a thing in this case. As in Colorado v. Kobe Bean Bryant the hearing judge might have publically said there is not much of a case here, but since in ruling on such a motion the judge is requred to treat the evidence in the light most favorable to the prosecution, this case would have gone forward on the word of Mangum. And in CO at least is was like a grand jury with the cops presenting hear say evidence and the complaining witness not testifying or facing cross.Anonymousnoreply@blogger.com