Live Blogging

More than an hour before Mike Nifong's hearing, satellite trucks from all major TV stations in the Triangle, as well as CBS nationally, are outside the State Bar headquarters. This is a case replete with ironies.

At the April 11 NCCU hearing, Pastor John Bennett demanded that Nifong ensure that those students he targeted be placed in handcuffs, so they could be humiliated before the world. Seven days later, the District Attorney did so. It appears, for Nifong, that what goes around comes around.

Live-Blogging; Additional Charges Justified?

I’m in Raleigh today, and will be live-blogging the preliminary hearing in Mike Nifong’s ethics case. The hearing is scheduled for 4.00 this afternoon.

On the docket, a motion filed by Nifong’s lawyers to dismiss the charges relating to Nifong’s withholding of exculpatory DNA evidence. It’s the job of historians to analyze the past, not predict the future, but I feel pretty safe in forecasting that Nifong’s motion will not be granted.

The more intriguing question: in light of Attorney General Cooper’s unequivocal announcement Wednesday, will the bar amend its complaint to add additional charges? Cooper’s words and actions suggest that the Bar should consider this course.

In his remarks Wednesday, Attorney General Cooper stated,

We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations. Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges . . . We have no credible evidence that an attack occurred in that house that night . . . [emphasis added] Our investigation shows that:

The eyewitness identification procedures were faulty and unreliable. No DNA confirms the accuser’s story. No other witness confirms her story. Other evidence contradicts her story. She contradicts herself. Next week, we'll be providing a written summary of the important factual findings and some of the specific contradictions that have led us to the conclusion that no attack occurred.

In this case, with the weight of the state behind him, the Durham district attorney pushed forward unchecked. There were many points in the case where caution would have served justice better than bravado. And in the rush to condemn, a community and a state lost the ability to see clearly. Regardless of the reasons this case was pushed forward, the result was wrong. Today, we need to learn from this and keep it from happening again to anybody.

Cooper, in short, was unequivocal: the players were innocent, and no evidence existed (apart from an accuser’s myriad, mutually contradictory stories) to justify the charges.

Rule 3.8(a) of the North Carolina State Bar Rules of Professional Conduct states that a prosecutor shall “refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.”

The burden of proof under Rule 3.8(a) is high. But the wording of the rule—“refrain from prosecuting”—makes clear that it applies not merely to the decision to indict, but the decision to continue prosecuting a case. Regardless of what Mike Nifong may or may not have believed on April 17, then, Roy Cooper’s remarks leave little doubt that Nifong was in violation of this rule by the time he recused himself from the lacrosse case.

Cooper’s decision to accompany the dismissal of the charges with an outright declaration of the players’ innocence gives the Bar a green light to amend its complaint. The organization should seize the opportunity.

Cheshire Summary

This case a study of what is and could be wrong with our criminal justice system—prosecutorial misconduct and courthouse cronyism; fascination with victimization, often at expense of the truth

Blasts msm and new news industry that fictionalizes the criminal justice system “simple hucksters unrestrained by truth and integrity”

Case is not an isolated incident; shone light on cases throughout the country where innocent people suffer and guilty people suffer too much

“each time these abuses happen in our democracy, it weakens the life of the American system”

“case was prosecuted by a man who had not a care in the world about justice, but only about himself and his agenda”

Ignored overwhelming evidence of innocence—manipulated overwhelming of evidence, and who deliberately misled his community, the media, the court, in his search for a false conviction

Appealed to racial and class hatred—what a team they made—the false accuser and Mike Nifong

He was believed because he—as all prosecutors—spoke with the majesty of the sovereign

Acted “to their own detriment, the detriment of their own students, and the lacrosse team”

Played to those who exploit racial tension—gave them a platform to “spew their hatred”—and some in media called these people “community activists”

Then Nifong “has had the audacity to say that he has done nothing wrong”

Ironic that as we speak today, legislation pending that would roll back open file discovery file; if passed, Nifong would have gotten away with it; urges every North Carolinian to defeat this legislation

Hopes that media will learn from this case—media are supposed to be protectors

Wade Smith Summary

Wade:

Collin a wonderful man—the first 10 minutes he spent with him, knew that he didn’t do it.
“we learned that there was absolutely no way that he could have been at a party where anything happened—as clear as it could be. He had a wonderful, wonderful alibi.”

Alibi a strange word to use—since nothing occurred

Praises professionalism of Jim Coman and Mary Winstead—“they didn’t leave a stone unturned.”

“often reminded what a thin membrane separates our society from chaos”—everyone is vulnerable to rogue prosecutor; what protects? “honest police and hard-working prosecutors; people who investigate first and act later.”

“We are absolutely dependent in our culture on good police work. Without them, there is no protection.”

Recommends that people re-read The Crucible

Players didn’t deserve it—but “North Carolina didn’t deserve it.”

Hopes the world will take our word for it that Nifong’s behavior is not typical of NC—many good prosecutors and police in the state

As You Like It, “Sweet are the uses of adversity”; confident that each of the three players will do something positive about this experience

Closes by remembering Kirk Osborn; regrets so much that he could not be with the defense team today

Summary of Jim Cooney Statement

A remarkable, powerful address. Here's the summary.

Cheshire told him, “You will never have a more innocent client than this young man.”

“I cannot tell you the amount of pain that family is in. the only comparison I could make is a comparison to a family with a child who, God forbid, had a fatal disease.”

Talk about heroes and cowards

1) “magnificent Professor Jim Coleman”—one of the few professors to stand up and say that we have procedures for a reason

2) Moez Elmostafa—cab ridge was the lynchpin for alibi—behaved exactly as we expect a citizen of this country to do—what did that get him? tried on old bogus charges

3) Phil and Kathy Seligmann—“imagine facing a district attorney who wants to put your child in jail for 30 years. I kept explaining that in North Carolina no one has a check on a district attorney . . . Lesser people would have fallen apart.”

4) Reade—“always regretted we didn’t have a son . . . If I had had a son, I would want him to be like Reade Seligmann.” Honor roll student—semester with Nifong trying to put him in jail and mobs putting him in the streets—had a 3.5 GPA. “one of the bravest people I have ever met.”

Cowards:

We’re delighted the justice system worked, but the system didn’t work—“people were afraid to speak truth to power,”—Herald-Sun—to this day, hasn’t written a single editorial critical of Nifong; instead published editorials claiming that the lacrosse players would have to prove their innocence; “if they had done what journal

“number of people in Durham, some of whom teach for a living, who should have spoken up”

“One wonders if the newspapers had stood up for proper processes and the teachers had stood up for proper processes, whether this would have slowed down the last coward” (Nifong)

Won’t criticize—but for Nifong, a message:

Prov. Chap 11, verse 29: “he that troubles his own house shall inherit the wind, and a fool shall be a servant to the bravehearted”

Reade Seligmann Statement

I would like to start out by saying that we are all deeply saddened by the absence of Kirk Osborn on this very emotional day. Kirk stood by my side from the very beginning of this travesty and did all that he could to proclaim my innocence. Not only has North Carolina lost one of its finest attorneys, it has lost a man who embodied the words honor and integrity. We will never forget his sacrifices and our thoughts and prayers are with his family.

Today marks the end of a year long nightmare that has been a destructive force in so many peoples lives. The dark cloud of injustice that hung above our heads has finally cleared and we can now all look forward to continuing the life that has been taken from us. My family appreciates the efforts of Attorney General Roy Cooper and Special Prosecutors Jim Coman and Mary Winstead for their thorough investigation. While this day is long overdue, we recognize their diligence and perseverance to uncovering the truth in order to show the world that we have always been 100% innocent of these charges.

This past year has been the most difficult and painful period of my life and I would like to credit my family and friends for keeping me focused and bolstering my spirit throughout this agonizing journey. My Mom and Dad are the toughest, most loving parents anyone could ask for and it is because of there relentless will to defend my name that we were able to make it through the storm. I have been inspired by the courage and strength of both my parents and three brothers who have provided me with so much love, guidance and unquestionable faith in my innocence. I love you all so much.

I must also thank all of my attorneys. Kirk Osborn, Buddy Connor, Antonio Lewis, and Jim Cooney, along with the other defense teams. All of these men have worked tirelessly to ensure that three innocent men did not spend thirty years in prison for a hoax. I would like to specifically thank Jim Cooney for restoring my faith in the legal system. Through his bold leadership, incredible work ethic and sincere concern for my well being, we were finally able to achieve justice.

To the Evans’s and Finnerty’s, I will never forget your tremendous bravery and unwavering resolve throughout this unbearable ordeal. I wish you all the best in the future as we all move on with our lives and hope that we can repair the damage that was done.

I am forever grateful for all of the care, concern, and encouragement I received from my remarkable girlfriend Brooke and her family, the Delbarton community, the town of Essex Fells, KC Johnson , and everyone else who chose to stand up, use their voice and challenge the actions of a rogue district attorney.

This entire experience has opened my eyes up to a tragic world of injustice I never knew existed. If it is possible for law enforcement officials to systematically railroad us with no evidence whatsoever, it is frightening to think what they could do to those who do not to have the resources to defend themselves. So rather than relying on disparaging stereotypes, or creating political and racial conflicts, we must all take a step back from this case and learn from it. This tragedy has revealed that our society has lost site of the core principle of our legal system, the presumption of innocence.

For everyone who chose to speak out against us before the facts were known, I sincerely hope that you are never put in a position where you experience the same pain and heartache that you have caused our families. While your hurtful words and outrageous lies will forever be associated with this tragedy, everyone will always remember that we told the truth, and in the words of Abraham Lincoln, “truth is the best vindication against slander‘. If our case can bring to light the some of the flaws in our judicial system as well as discourage people from rushing to judgment, than the hardships we have endured over this past year will not have been in vain.

As the healing process begins for our families, I feel as though it is my responsibility to create something positive out of this experience. During my time away from school I got the chance to learn a lot about myself: Who I am and who I want to be. This case has shown me what the important things in life really are as my entire perspective on the world has changed. I view this situation as a unique opportunity to make a difference and I know that there are many people who can benefit from the lessons I have learned.

I fully intend on continuing my education and look forward to pursuing the goals I have set for myself. I have the deepest appreciation for my educational and athletic opportunities and my dream is to return to both by this fall. My ultimate aspiration moving forward, is to live a life that will make all of those who stood by my side throughout this injustice, proud to know that they defended the truth.

Collin Finnerty Statement

First I would like to thank Roy Cooper and his office for their work over the past 3 months. Once they were involved I knew that fair and objective eyes were looking at the case, and I was confident that justice would prevail.

There are many other people I’d like to thank for their continuing support over the last year.

The three defense teams involved in this case demonstrated their great legal skills, their ability to work together and their commitment to exposing the truth.

My family and especially my parents. My mom and dad really showed their true love for each other and for their family as they held the 5 kids together through so much. I know my mom is probably feeling the best of anybody in this room and she definitely deserves it. My family has always stood behind me and they were there with unwavering support from the first minute this case arose. Although we went through many tough times, both emotionally and physically, I feel closer to them now then I have ever before. Definitely one of the best things to come from this experience.

My friends and my girlfriend always gave me a place to turn to when the pressure that goes along with being falsely accused was mounting.

Many students at Duke showed how much they believed in our innocence. Especially the guys and women’s lacrosse teams, the coaches, and the students for an Ethical Durham. And the many people in Durham who worked hard to ensure that this day would come.

The people at Chaminade High School have also been supporters from day one and I am proud to be one of their alumni.

KC Johnson for his diligent work exposing the truth every day.

I would like to thank all the supporters from across the entire country -- the hundreds of letters I received from strangers gave my family a boost of confidence that we three families did not stand alone in this fight.

Something important about these three families up here, the Seligmanns' the Evans' and the Finnerties', is that we have become one big family through all this. We have a bond that will last forever. It's been a very long and emotional year for me and for all of us.

At points it was very tough to see the light and even imagine a day without this weight on my shoulders. Knowing I had the truth on my side was really the most comforting thing of all throughout the past year. There were many up’s and down’s and points where it seemed like it would never end, but with the help of all our supporters each day seemed to get a little bit better. Today is that day we have all been waiting for.

I now look forward to a lot of things although I will not miss the constant attention from the media. I am excited to return to being a college student. I hope to return to the field again to play lacrosse and I can’t wait to return to a normal life on Long Island.

Although I have not been away at college over the past year I have learned a lot. I now understand in a way that I never did before that family and friends is what matters most.

I hope to use my experience to prevent this from ever happening to anyone again. There seemed to be some flaws in the legal system that should be addressed. For example, the fact that in North Carolina there are no recordings of what was said in the Grand Jury and also the need to establish checks and balances on the total power of the DA. In the future I will do everything I can to help others who face a situation similar to the one I had over the last year.

Finally I just would like to say thank you to everyone who supported me. This experience will be with me forever and I will never forget all those who stood right next to me throughout it all. The truth finally did prevail, as so many told me it would. Thank you.

The Cooper Statement

An astonishing statement from the state AG, a complete vindication of the players.

The highlights:
(1) The players are innocent--not victims of a case with insufficient evidence, but innocent. This statement should leave no doubt as to whether a crime occurred.

(2) Nifong might be guilty of criminal misconduct.

(3) Nifong is a "rogue prosecutor."

(4) Lots of people owe the three players an apology, and a rush to judgment took place.

(5) The accuser has serious mental problems (hinted, very strongly, by the AG).

(6) North Carolina needs to change its laws to deal with rogue prosecutors in the future.