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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #30 on: Dec 28^th, 2006, 11:12pm »

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As I perdicted Mr. Nifong is now starting to get the attention he really deserves:

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State Bar Files Ethics Complaint Against Mike Nifong

Posted: Dec. 28 5:51 p.m.
Updated: 21 minutes ago

Raleigh The North Carolina State Bar has filed an ethics complaint against Duke lacrosse prosecutor Mike Nifong.

The 17-page complaint accuses him of breaking four rules of professional conduct when speaking to reporters about the high-profile case. The complaint lists more than 100 examples of public statements Nifong made to the media, including WRAL, since March.

Among the rules, the bar complaint says Nifong violated is a prohibition on making "comments that have a substantial likelihood of heightening public condemnation of the accused."

Another of the rules Nifong was charged with breaking forbids "dishonesty, fraud, deceit or misrepresentation." The bar said that when DNA testing failed to find any evidence that any lacrosse player raped the accuser, Nifong told a reporter the players might have used a condom.

According to the bar, Nifong knew that assertion was misleading, because he had received a report from an emergency room nurse in which the accuser said her attackers did not use a condom.

Nifong has come under mounting scrutiny for the way he has handled the investigation, in which a 28-year-old exotic dancer initially claimed she was raped at an off-campus lacrosse party in March.

Three lacrosse playersDavid Evans, Collin Finnerty and Reade Seligmannwere later indicted on charges of first-degree rape, first-degree sexual offense and first-degree kidnapping.

In a statement, the bar said it opened a case against Nifong on March 30, a little more than two weeks after the party, and it found on Oct. 19 after an investigation that there was reasonable cause to refer the case to the bar's Disciplinary Commission for trial.

A series of public hearings will be held before the Disciplinary Commission that eventually will lead to the public trial sometime next year. If it's determined that Nifong violated any ethical code of conduct, the penalties could range from a reprimand to disbarment.

WRAL has been unable to reach Nifong or any defense attorneys for comment.

Duke University did release a statement Thursday evening reiterating President Richard Brodhead's call last week that Nifong turn the case over to an independent investigator.

The statement read: "This afternoons announcement from the North Carolina State Bar makes all the more appropriate, as President Brodhead said last week, that 'The district attorney should now put this case in the hands of an independent party, who can restore confidence in the fairness of the process.'"

Last Friday, Nifong dropped the rape charges against the three athletes after the accuser, a North Carolina Central University student, told Nifong's investigator that she couldn't testify "with certainty" that she was raped, according to dismissal motions.

All three former lacrosse players still face the two other remaining charges.

Case Might Be Stronger, Law Professor Says

Some experts have said that Nifong's dismissal of the rape charges could actually make the prosecution's case stronger.

"Now, they don't have to establish that there was penetration committed against the accuser," said N.C. Central University law professor Irving Joyner.

"In addition to that, now they don't have to deal with the DNA or the lack of DNA evidence," Joyner added. "And with the rape shield statute, it's unlikely that information will even come before the jury to consider."

Family members of the players and other attorneys not connected to the case have said the remaining charges should be dropped because Nifong's action shows he does not have enough evidence to proceed.

"What he's tried to do is take out the charge that he couldn't prove," said Duke University law professor James Coleman. "I think he's become increasingly desperate to try to turn this into a case."
Reporter: Erin Coleman
Photographer: John Cox
Web Editor: Kelly Gardner

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #31 on: Jan 1^st, 2007, 1:15pm »

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Opinion

Nationally Syndicated Editorial Collumnist Kathleen Parker

Parody at Duke: Rape case less than a slam dunk
Published December 27, 2006

Given recent events in Durham, N.C., concerning the alleged Duke University lacrosse "rape" case, it is now possible to declare parody dead.

How does one parody a parody?

All is not lost, however. We can celebrate the addition of a new verb to our American lexicon -- "to Nifong." When the moment calls for activities that need no elaboration, we already "Bobbitt," "Bork," and "Lewinsky."

Now we can "Nifong" someone when we want to trump up criminal charges based on flimsy evidence allegedly for political purposes. In short, when we want to screw up someone's life.

Nifong would be as in Durham County District Attorney Michael B. Nifong, who earlier this year brought charges against three white lacrosse players -- Reade Seligmann, Collin Finnerty and David Evans -- for the alleged rape of an African-American stripper who had been hired to perform at a team party.

Last week, Nifong dropped the rape charges when the alleged victim decided she wasn't sure she had been raped after all. That is, she wasn't sure she had been vaginally penetrated, a distinction required by state law for a charge of rape.

Last March, after the party, the stripper had a different recollection, telling police that she had been raped every which way. But, well, these things are difficult sometimes to keep straight. Rape being so nuanced and all.

Meanwhile, hundreds of lives have been turned inside out, none so much as the three accused players. All because, well, let's see, because the stripper said so. The absence of corroborating evidence seemed to pose no obstacle for Nifong, who ran a successful re-election campaign on the strength of his convictions.

And, of course, the story had good legs and plenty of sex appeal, if you like that sort of thing: race and class conflict, town and gown tensions, rich-white-boys vs. poor-black-working-mother, underage drinking and the aura of privilege.

The world hungered for such a fable, and Nifong fed the beast.

As it turns out, Nifong's case was something less than a slam dunk, and he must have known it. As was recently revealed, Nifong not only knew that lab tests showed no traces of DNA from any of the lacrosse team players, he knew that they did show DNA traces from several unknown other men.

Yet, Nifong and the head of the private DNA lab, Brian Meehan, agreed to exclude those test results from other results turned over to defense attorneys, according to Meehan's testimony during a recent court session.

In response to this revelation, Rep. Walter Jones, R-N.C., has called for the U.S. Department of Justice to conduct an inquiry into possible misconduct, while Duke University President Richard Brodhead has asked for Nifong to pass the case to a third party.

While official outrage is welcome, it seems belated. Where were the passionate protestations when these three young men were being convicted in the court of public opinion? The presumption of their guilt was nearly instantaneous among Duke administrators and many faculty, from whom others in the community took their cues.

As one student at Durham's historically black North Carolina Central University put it to Newsweek, he wanted the lacrosse players punished "whether it happened or not. It would be justice for things that happened in the past."

Nifong also cut corners early in the case during the process of identifying suspects. When two lineups failed to produce an attacker, Nifong requested a third lineup, but this time using only members of the lacrosse team instead of a random sampling. This move not only was at variance with normal police procedure, it may ultimately lead to charges that Nifong abused the defendants' civil rights.

In yet another example of iffy evidence, one of the defendants -- Seligmann -- has taxi, restaurant and ATM receipts indicating that he was elsewhere at the time of the alleged rape. Nifong still saw fit to charge him.

No one's arguing that the lacrosse team deserves a citizenship award for having a drinking party and hiring strippers. But there's a universe of difference between jocks acting boorishly and brutes gang-raping a helpless woman.

Nifong still plans to prosecute Finnerty, Evans and Seligmann on charges of kidnapping and first-degree sexual offense, which can result in sentences comparable to rape. Without DNA evidence, Nifong's case will rest largely on the stripper's testimony.

To win, she will need more credibility than her lawyer has demonstrated, and disremembering rape seems not a good start.

Kathleen Parker can be reached at [email protected].

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #32 on: Jan 13^th, 2007, 12:37am »

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The latest news regarding the infamous Mr. Nifong:

Nifong Asks for Special Prosecutor in Duke Lacrosse Case

Posted: Jan. 12 6:02 p.m.
Updated: Jan. 12 11:21 p.m.

Durham Facing ethics charges that could lead to his disbarment, Durham County District Attorney Mike Nifong has asked the state attorney general's office to appoint a special prosecutor to take over in the Duke lacrosse sexual assault case.

Noelle Talley, a spokeswoman for North Carolina Attorney General Roy Cooper, said Friday in an e-mail that Nifong had sent a letter to Cooper's office with the request.

Leaving his office at the Durham Courthouse Friday evening, Nifong had no comment on the case but offered the following statement when he was asked if he had recused himself from the case:

"I am not talking about the case or anything. Y'all have sources. You need to talk to those sources."

What impact Friday's move might have on the case was not immediately clear.

Late Friday, Nifong's attorney, David Freedman, insisted his client is not running from a weak case and that Nifong was disappointed he won't be able to take it to trial. He said Nifong met with the accuser this week to tell her in person of his decision to recuse himself.

"He feels, as a result of the accusations against him, that he would be a distraction and he wants to make sure the accuser receives a fair trial," Freedman told The Associated Press. "He still believes in the case. He just believes his continued presence would hurt her."

Under North Carolina law, only a district attorney can formally request a special prosecutor. The request can be made when there are potential conflicts of interest, when a case is particularly complex or when there are other unusual circumstances.

Nifong has come under fire for his handling of the case, with a number of public officials, including U.S. lawmakers calling for an investigation into his behavior and the North Carolina State Bar filing an ethics complaint against him late last month.

"It has really become so much more about him as opposed to seeking justice," conference Director Peg Dorer said.

Duke University's administration had also steadily increased its criticism, culminating in the decision to invite Reade Seligmann and Collin Finnerty -- suspended in the wake of their indictments -- back to campus. The third defendant, David Evans, graduated the day before he was indicted.

The university issued a statement early Friday evening saying it hoped Nifong's recusal could "restore confidence in the fairness of the legal process We hope this change will lead to a fair and speedy resolution of this case."

Defense attorney Joe Cheshire said he welcomed an independent party's involvement in the case.

"We're extremely happy that a prosecutor who does not have an agenda, who is fair and honest, will take a look at this case," Cheshire said. "And we believe that when that happens, they will dismiss this case." (Watch Cheshire's full interview - 5 minutes)

Friday's announcement came one day after defense attorneys in the case filed a supplement to a previous motion asking a judge to toss out the photo lineup in which the accuser identified the suspects.

The motion cites critical changes in the accuser's story that some legal experts have said hurt the prosecution's case and the accuser's credibility.

"The alleged victim changed the timeline," former prosecutor Dan Boyce told WRAL Friday night. "There were questions about identification and there was even a change about what even occurred. That was a tremendous significant shift."

Seligmann, Finnerty and Evans were charged with first-degree rape, first-degree sexual assault and first-degree kidnapping in connection with the March incident in which the accuser, a 28-year-old exotic dancer, initially told police she was gang-raped, sodomized and beaten in a bathroom of a house where she had gone to perform.

In the weeks after the March party, the case focused attention on questions of race, class and the privileged status of college athletes. But as the investigation progressed, and Nifong started to hand over his evidence to the indicted players' defense attorneys, the case began to unravel -- and the focus shifted to Nifong and accusations he used it for political gain.

Appointed district attorney in 2005, Nifong faced two challengers in May's Democratic primary and later in the November general election. He won both -- but each time with less than 50 percent of the vote.

In late December, amidst mounting criticism, Nifong dropped the first-degree rape charges after the accuser told an investigator she was no longer certain a rape -- as state statutes define the act -- had occurred.

About a week later, the state bar filed the ethics complaint, claiming Nifong's statements to the media early in the investigation constituted "fraud, deceit or dishonesty."

A three-member panel will decide guilt or innocence and then, depending on the outcome, may impose a penalty, which could range from a reprimand to disbarment.
Copyright 2007 by WRAL.com and the Associated Press.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #33 on: Jan 16^th, 2007, 1:24pm »

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It's too late Nifong...pulling out of this case will not save your long term career...

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #34 on: Jan 16^th, 2007, 6:47pm »

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Actually, I'm kinda' sorry that he will be replaced by someone from the State Attorney General's office. Nifong started this and he should be made to see it through . . . . AND learn first-hand what the Court has to say about his case against these innocent young men. Someone else will have to clean up the mess that Nifong made . . . . and he will be able to say that HE didn't dismiss the case . . . someone else did.

IMO, Nifong will not be disbarred . . . . although he richly deserves it. I doubt that the North Carolina State Bar will revoke his license. They will most likely censure him rather harshly but allow him to keep his license.

Nifong will get his just reward when he is sued by the three "defendants" in Civil Court for his incompetence and malfeasance.

I'm sure that the Federal boys in the Department of Justice will get their turn on Nifong as well.

Mr. Nifong will deserve everything he gets. :toilet:

With apologies to my friend and fellow Forums member Addams, I am reminded of the old joke . . . . "it's the 98% of Lawyers that give the rest a bad name". :wink3:

« Last Edit: Jan 16^th, 2007, 6:50pm by Bumper »

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #35 on: Jan 16^th, 2007, 9:23pm »

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Well that's the difference between Addams and Nifong. Addams is a good professional lawyer, and this guy is just a jackass trying to make a name for himself.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #36 on: Jan 16^th, 2007, 10:01pm »

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on Jan 16^th, 2007, 9:23pm, Rhune wrote:

Well that's the difference between Addams and Nifong. Addams is a good professional lawyer, and this guy is just a jackass trying to make a name for himself.

Very true. Addams is a practicing Patent Attorney . . . .

. . . . . while Nifong is an accomplished jackass..

:winkgrin:

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #37 on: Jan 18^th, 2007, 4:53pm »

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Op/Ed piece from the Orlando Sentinel:

Too smart by half in North Carolina

Published January 17, 2007
By Kathleen Parker

When Woody Allen said, "The brain is the most overrated organ," he must have had in mind North Carolina's Research Triangle, home both to the scandalous Duke lacrosse team "rape" fiasco -- and to more Ph.D.s per capita than just about anywhere else in America.

Rarely have so many smart people behaved so dumbly.

Last week, the case took yet a new turn when discredited District Attorney Mike Nifong, under pressure from the state prosecutors association, relinquished the case to the state attorney general.

In another development, the stripper who initially claimed she was beaten, raped and sodomized by three Duke University lacrosse team players -- Dave Evans, Collin Finnerty and Reade Seligmann -- has changed her story.

Again.

This time she says Seligmann didn't participate in the alleged assault after all, though she still insists he was there when the others did. She also changed the time of the alleged assault so that it no longer coincides with time-stamped receipts Seligmann produced months ago indicating that he wasn't at the party house when the incident supposedly took place.

A bit earlier, the dancer also decided she might not have been (children stop reading here) vaginally penetrated by a penis, which is required for a rape charge in North Carolina. Nifong dropped the rape charges, but intended to pursue the remaining charges of kidnapping and sexual assault.

And so it has gone for almost a year now. A new day, a new story.

Of all the questions still unanswered in this shameful saga, among the most perplexing is: How did so many smart people allow things to reach the level of hysteria we've witnessed in the past several months?

The answer is implicit in the question. Notwithstanding the rich brain trust created by the three points of North Carolina's "Triangle" -- Duke in Durham, the University of North Carolina in Chapel Hill and North Carolina State University in Raleigh -- university communities are fertile breeding grounds for the totalitarian mind-set known as political correctness.

Between a perverse form of liberation feminism that sanctifies strippers, prostitutes and porn stars -- and a dogma of victimology that places blame for all things at the feet of the white patriarchy -- the players were instantaneously presumed guilty by virtue of their being white males and privileged jocks.

By the same reasoning, the dancer was assured victimhood by her status as a black single mother/student, reduced by centuries of white-male oppression to stripping for food and tuition.

What happens next depends on the attorney general's review of evidence. In the meantime, members of the university community who participated in the demonization of the lacrosse team might examine their own souls.

The past year has not been exemplary for the keepers of the flame. Before any charges were brought against the three players, students produced a "wanted" poster with photos of team members and demonstrated with signs reading, "It's Sunday morning, time to confess."

Higher up the food chain, Duke faculty formed the "Group of 88" -- a coalition of 88 faculty members representing 13 departments -- and ran an ad demanding that the lacrosse team players confess.

It's been quite a spectacle. It also has been a damning indictment of an intellectually dishonest culture that pretends to be the virtue of enlightened tolerance, but only for a select few. White males are the last remaining group approved for public vilification.

In a March 2006 letter to the Duke administration just days after the alleged rape, English professor Houston A. Baker Jr. brought clarity to the anti-white male, anti-jock bias that is today entrenched on many college campuses. It reads in part:

"How many more people of color must fall victim to violent, white, male, athletic privilege before coaches who make Chevrolet and American Express commercials, athletic directors who engage in Miss Ophelia-styled 'perfectly horrible' rhetoric, higher administrators who are salaried at least in part to keep us safe, and publicists who are supposed not to praise Caesar but to damn the unconscionable . . . how many?"

Got that, white-male-capitalist-pig-jocks of the world? Guilty. To Duke's credit, Provost Peter Lange responded to Houston with an eloquent reprimand against prejudgment.

Under pressure from feminist groups, college administrators long have sponsored lectures about date rape and sexual harassment, directed at young males, all of whom are presumed to be potential predators. In light of events at Duke, they might consider adding a new seminar to the roster -- one to review the rules of due process, the evil of mob rule, and the art of apology.

They might invite their faculties to attend.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #38 on: Jan 24^th, 2007, 11:22am »

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State Bar Amends Complaint, Alleges Nifong Withheld DNA Evidence

Posted: Today at 9:46 a.m.
Updated: Today at 11:02 a.m.

Raleigh New ethics charges have been filed by the State Bar accusing Durham District Attorney Mike Nifong of withholding DNA evidence and misleading the court in the Duke lacrosse case.

The amended complaint cites findings from April 2006 that DNA tests found on the alleged accuser excluded all of the Duke lacrosse players as potential contributors.

The complaint also states Nifong was told of the test results by Brian Meehan, the director of the DNA company where the tests were performed. The amended complaint also states that Nifong and Meehan agreed the "potentially exculpatory DNA evidence and test results" would not be provided to defense attorneys.

In subsequent court hearings, Nifong told defense attorneys that he had released all of the evidence that would potentially benefit the defense.

The State Bar also cited dozens of pretrial comments Nifong made to the media early on in the case. On March 13, 2006, a woman, who was working as an exotic dancer, claims she was assaulted by three men during an off-campus party in March involving members of the Duke lacrosse team.

Last month, Nifong dropped rape charges against Reade Seligmann, Collin Finnerty and David Evans in the case after the accuser wavered in her account of key details in the case. The three men still face sexual assault and kidnapping charges and all three men have maintained their innocence.

According to David Freedman, who is representing Nifong in the ethics hearing, the Durham district attorney stepped down from the case in early January because the pending ethics charges created a conflict of interest.

The amended charges could lead to Nifong's removal from the State Bar.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #39 on: Feb 1^st, 2007, 1:18pm »

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The legal proceedings for this March 13th, 2006 offense has now been postponed until at least June of 2007 by the new prosecution team that replaced the infamous Mr. Nifong.

Fading . . . . . . . fading . . . . . fading away.

It's just a matter of time before this case is dismissed.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #40 on: Feb 1^st, 2007, 11:00pm »

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This thing has been a joke of a case since the beginning.. what's sad is the fact that these young men have had this scandal attached to their names for almost a year and the damage to their reputations that it brings with it. Not to mention the lawyer fees and other expenses they've incrued because of this sham. They should all sue someone (my suggestion, the stripper and Mr. Nifong) for defamation of character!!

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #41 on: Feb 2^nd, 2007, 7:46pm »

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The problem with suing the stripper is that it would only cost them more money. My mama always said, you can't get blood out of a turnip (i.e. you can't sue someone who's broke for a million dollars and expect to see a dime come out of it). It might feel satisfying to beat her in court, but it will only sink them and their parents further into debt.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #42 on: Feb 2^nd, 2007, 7:58pm »

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on Feb 2^nd, 2007, 7:46pm, Rhune wrote:

Very true. That woman doesn't have anything. Part of nothing is still . . . nothing. Now, Mr. Nifong . . . that's a different story. A civil lawsuit in Federal Court will probably be his just reward for violating the civil rights of those three young men. Personally, I hope they nail him to the wall.

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #43 on: Feb 2^nd, 2007, 8:06pm »

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Oh, Nifong is fair game, and I think his hunting season is about to open. Grin

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Re: Attorneys: No DNA matches in Duke lacrosse sca
« Reply #44 on: Feb 4^th, 2007, 1:24pm »

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And with a nod to the Monday morning Quarterbacks and the "I told you so" Prophets in North Carolina, the Governor offers the obivious. . . . . .

Easley: Nifong 'Poorest Appointment' Made by Governor

Posted: Feb. 3 5:45 p.m.
Updated: Today at 3:43 a.m.

Raleigh North Carolina's governor told law students in New York last month that Durham District Attorney Mike Nifong broke a promise when he ran for a full term after being appointed to fill a vacancy.

"I almost un-appointed him when he decided to run," Gov. Mike Easley said in a speech January 22 to students at New York University, The News & Observer reported Saturday.

"I rate that as probably the poorest appointment that I've," the governor trailed off before adding "I've made some good ones."

The News & Observer obtained a recording of the speech from the university's spokesman.

Easley went to New York to speak about public service. He spent much of his time before the students talking about his political career. He and discussed Nifong after an audience member asked him about the sexual assault case in which three former Duke University lacrosse players were charged.

Easley, a former prosecutor and state attorney general, said Nifong had done a poor job, adding, "You don't need me to tell you that."

Nifong didn't return telephone messages and one of his lawyers, David Freedman, declined comment. The governor's office refused to allow interviews with Easley, the newspaper said.

Nifong handed the case to the state Attorney General Roy Cooper last month after he was charged with ethics violations by the State Bar. The bar charged Nifong with violating rules by making statements early in the case and of withholding DNA evidence and not telling the truth about it.

Former prosecutor Dan Boyce said Easley's comments were "very unusual" but not inappropriate. Boyce said the most interesting part of the statement would be that it could prompt the State Bar to call Easley as a witness for its case. Easley's statements prompt new questions about Nifong's motivation in regards to the Duke case.

"What the State Bar could look to is the real motivations that Mr. Nifong had in making the public statements," Boyce said. "Was he doing it for his own personal or political gain, or was he doing it for his own financial gain?"

Easley appointed Nifong as the Durham prosecutor in April 2005 after naming then-DA Jim Hardin to a judgeship. Easley said Nifong, one of Hardin's assistant, said he wouldn't run for the office.

A woman hired to dance at a Duke lacrosse team party told police March 14 she was raped and beaten. Rape charges have been dropped, but three men still face sexual offense and kidnapping charges.

The accused players - David Evans, 23, of Bethesda, Maryland; Collin Finnerty, 20, of Garden City, New York, and Reade Seligmann, 20, of Essex Fells, New Jersey - say they are innocent.

The governor also was critical of Nifong's early statements, in which he told national news media that the case involved a racially motivated assault by lacrosse players.

"That's how all this mess got started," Easley said. "He challenged the defense lawyers by talking about the case, calling the kids 'hooligans.' "

"You can't comment on that except in the courtroom, and when you do, then the defense lawyers have to stand up for their client. Then it's on. All the rules are out the window, then you have chaos, and that's why those rules are so important and that's what you got in this case. It's chaotic. It looks bad for North Carolina. It looks bad for the DA's office. It looks bad for the criminal justice system in general."

Easley said 2004 state law requires disclosure of all evidence in such cases.

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If U R reading these old posts, know that we were once a great, active cyber-community, but as in all things..Time moves on. This is now a Ghost Town.

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