NC - Mike Nifong, Duke prosecutor, for ethics violations, Durham, 2006

[Buzz Mills]

Unfortunately, I HAVE come across that about prosecutors. The more I learn about the death penalty, the more I wish it were NOT about winning and were MORE about if the person was guilty or not.

It seems like it should be that the defense and prosecution work as a team. The defense makes sure rights aren't violated, the prosecutor makes sure all the evidence is looked at - and they clear the good guys and convict the bad guys. I should patent that idea!

We only hope that it would work that way.

It seems that it is all about the money. If one can afford a top-notch defense attorney, there is a good chance he/she is going to win against a, usually still wet behind the ears, much lower paid, prosecuting attorney. Why do so many prosecuting attorneys eventually become defense attorneys? It's the same answer John Dillinger gave, when asked why he robbed banks: "That's where the money is."

 

[L L & S]

The News and Observer
Published: Mar 02, 2007 12:30 AM
Modified: Mar 02, 2007 05:47 AM


Nifong has no recall of session
He, officers differ on meeting at lab

~~~ clip

Durham District Attorney Mike Nifong and the lead investigators in the Duke lacrosse case have different recollections of the first time they huddled at the Burlington laboratory that provided DNA testing for the prosecution.Durham police Sgt. Mark Gottlieb and Investigator Benjamin Himan each listed in their case notes that they were at DNA Security on April 10, a week before any indictments in the case.

And Himan noted that Nifong was present at the meeting with Brian Meehan, head of the private lab.

But in a letter to the N.C. State Bar released this week, Nifong said he could not recall the event, although he acknowledged that a meeting occurred.


~~ clip

In a December hearing, Meehan acknowledged that he and Nifong agreed to exclude evidence in the initial DNA report.

In his letters to the bar, Nifong said he did not intentionally withhold evidence nor did he mean to cause pretrial prejudice through the numerous interviews he gave to the news media between March 27 and April 3.

In one of the letters, Nifong said he feared the bar was "looking for a prosecutor" to punish for the misdeeds of other prosecutors whose misconduct has recently come to light and who have gone largely unpunished. (emphasis mine, who's he talking about here?)


He offered several explanations for some of the problems that have arisen:

*********************************************

Please read more at the link above.

 

[L L & S]

The News and Observer

Published: Mar 02, 2007 01:58 PM
Modified: Mar 02, 2007 01:58 PM

In TV interview, Easley again criticizes Nifong

~~ clip

MICHAEL EASLEY: He was appointed acting DA by me. The district attorney, a very good district attorney, I appointed judge, and I wanted someone who wasn’t going to run, that was a long-term prosecutor, just to hold the office together until somebody was elected. And our staff interviewed him. He said he wasn’t going to run, and we didn’t think he would. And then he got out and started running.

There’s a totally different standard you set for somebody who is going to be the elected district attorney and get into politics, and then there’s somebody who you want just to run the office. Because when you get out there and start making political comments, it requires a whole lot of different talent, a whole lot of different skills that obviously he didn’t have. And he would not have been appointed had we known he was going to run.


***************************************


more at above link

 

[curious1]

NiDuck Sucks.....just resign already you big:loser:

 

[Wudge]

From the News Observer:
But in a letter to the N.C. State Bar released this week, Nifong said he could not recall the event, although he acknowledged that a meeting occurred.

Another case of "selective memory"

Prosecutor amnesia is severe in North Carolina.

 

[L L & S]

Hi Curious..... thanks for dropping in.

 

[Wudge]

Is there any wonder why, the public, as a whole, has such a negative opinion of attorneys, but usually prosecuting attorneys aren't painted with this same broad brush. Maybe they should be??

I hadn't ever thought that way about prosecutors before, but it is all about winning, and using every advantage.

Off Topic: Personally, I wish I could find an honest attorney, that wasn't out to get every penny he/she could, out of me. I am representing myself, as a Plaintiff, and X-Defendant, in a civil case, and all I would like is an attorney to advise me, for which I would willingly pay them on a per hour basis. That type of help doesn't seem to be available. I also feel that if I should hire an attorney to handle my entire case, that the opposition will do everything possible to bury me in attorney's fees, by stringing this case out. They have already strung it out by filing an unfounded Cross-complaint, and in doing so, upping the ante to an unlimited action. I'm presently waiting for them to respond to my, going on four weeks, Discovery request; the 30 days is rapidly expiring, and I expect that in the last days of Discovery I'll receive a barrage of Discovery requests from them, in an attempt to delay the first hearing date. If we do go to court, I may decide to hire an attorney, because, despite my solid evidence, and their lack of same, my unfamiliarity with the court system, and procedures, would, most likely, put me at a disadvantage.

The Defendant in my case, was undoubtedly advised by their attorney, that it would cost me more in attorney's fees, than the amount I would be attempting to recover, and if I had hired an attorney to represent me, that would certainly be true.

Buzz, unfortunately, your situation is common across the nation. If you have a public library near you that has a large law section, you might find a young lawyer researching on Saturday or Sunday morning who would give you a free ear. Or if you have a law school near you, you might try posting your situation on the bulletin board there. A 3L might be able to assist you (cheaply) or someone might refer you.

 

[Ca-Sun]

Here is a starter list for you, Buzz



University of California at Berkeley

Boalt Hall School of Law

270 Simon Hall

Berkeley, CA 94720-7200

(510) 642-2274

www.law.berkeley.edu



University of California

Hastings College of the Law

200 McAllister Street

San Francisco, CA 94102-4707

(415) 565-4600

www.uchastings.edu



Santa Clara University School of Law

500 El Camino Real

Santa Clara, CA 95053-0001

(408) 554-4800

www.scu.edu/law



Stanford Law School

559 Nathan Abbott Way

Stanford, CA 94305-8610

(650) 723-2465

www.law.stanford.edu

 

[BarnGoddess]

Hey, Buzz, I beat an attorney in court all by my little (quite young then) lonesome !!!

A company I worked for went belly up and in trying to get unemployment, I was denied because Maryland said the headquarters were in Virginia and I couldn't get unemployment at all. We hired an attorney and he sat on his hands and did nothing. In the meantime, I went to our congressman and he had his legislative aide work on it for me. He cut through the red tape and got me my money. The attorney sent a fat bill for nothing. Then went for a judgment when I refused to pay. I showed up in court with a huge file folder full of what I'd done to get the money myself. Judge asked the lawyer for his notes on how much work he'd done on my behalf. He had absolutely nothing. Judge gave him a major butt chewing and made him pay all costs. Said the lawyer was a disgrace to the profession.

It can be done, but you had better have every piece of paper ready to go and a totally confident attitude and full respect for "his honor".

 

[Amraann]

Buzz..


http://www.findlaw.com/

www.westlaw.com


Whats really scarry is that prosecuters are prosecuting on behalf of us!

I cannot speak for others but personally I want someone to be prosecuted with honesty. If someone is guilty? Prove it. That is what our laws dictate.

 

[Buzz Mills]

Thanks for the info Wudge, BG, Sun, and Amraann. I have bookmarks of quite a few law sites. The westlaw site is a subscription service. I signed up as a law student for findlaw, which allows me to use their site. I'm a lot better at researching than I was when I first started this endeavor. Part of the diffculty I had was searching; the trick is in using the correct terminology; law has its own language. I've become much better at it. I printed out the Table Of Contents for the Civil Code, as well as the Procedures. Using it, I have been able to read through the applicable sections. I've learned quite a bit, and find that I do actually enjoy researching the law, but in the same breath, I have a long way to go. In my next life perhaps I'll go for it.

 

[curious1]

Thanks for keeping us updated. :blowkiss:

 

[MSM]

Judge gave him a major butt chewing and made him pay all costs. Said the lawyer was a disgrace to the profession.

:woohoo:

Wow, BarnGoddess, I'm impressed! Way to go! I bet you had to suppress a giggle or two during the butt-chewing.

 

[Dr. Doogie]

"Nifong said he feared the bar was "looking for a prosecutor" to punish for the misdeeds of other prosecutors whose misconduct has recently come to light and who have gone largely unpunished."

So let me get this straight: Nifong is claiming to be innocent but is being set up to take the fall for political reasons? Seems like I have heard that argument before coming from some sort of sports team affilliated with a southern university (hmmm, can't seem to recall its name...), except that in the team's case, they were telling the truth.

Nifong is truly, without question, one of the biggest sh*theads in the judical system today. He makes the DA in Boulder look like Perry Mason.

 

[Wudge]

So let me get this straight: Nifong is claiming to be innocent but is being set up to take the fall for political reasons? Seems like I have heard that argument before coming from some sort of sports team affilliated with a southern university (hmmm, can't seem to recall its name...), except that in the team's case, they were telling the truth.

Nifong is truly, without question, one of the biggest sh*theads in the judical system today. He makes the DA in Boulder look like Perry Mason.

Nifong is representative of NC prosecutors. They are the most corrupt and fiendish within our nation. In NC, it's state policy to withhold exculpatory evidence. Rest assured, Nifong was doing what he has always done and others do there; it's an artform for them.

 

[Wudge]

Thanks for the info Wudge, BG, Sun, and Amraann. I have bookmarks of quite a few law sites. The westlaw site is a subscription service. I signed up as a law student for findlaw, which allows me to use their site. I'm a lot better at researching than I was when I first started this endeavor. Part of the diffculty I had was searching; the trick is in using the correct terminology; law has its own language. I've become much better at it. I printed out the Table Of Contents for the Civil Code, as well as the Procedures. Using it, I have been able to read through the applicable sections. I've learned quite a bit, and find that I do actually enjoy researching the law, but in the same breath, I have a long way to go. In my next life perhaps I'll go for it.

Buzz, try structuring your case in classic IRAC form. IRAC is a legal acronym for: Issue, Rule (law), Analyses (or application), Conclusion (position). Any Judge will appreciate your doing that.

 

[Jeana (DP)]

Is there any wonder why, the public, as a whole, has such a negative opinion of attorneys, but usually prosecuting attorneys aren't painted with this same broad brush. Maybe they should be??

I hadn't ever thought that way about prosecutors before, but it is all about winning, and using every advantage.

Off Topic: Personally, I wish I could find an honest attorney, that wasn't out to get every penny he/she could, out of me. I am representing myself, as a Plaintiff, and X-Defendant, in a civil case, and all I would like is an attorney to advise me, for which I would willingly pay them on a per hour basis. That type of help doesn't seem to be available. I also feel that if I should hire an attorney to handle my entire case, that the opposition will do everything possible to bury me in attorney's fees, by stringing this case out. They have already strung it out by filing an unfounded Cross-complaint, and in doing so, upping the ante to an unlimited action. I'm presently waiting for them to respond to my, going on four weeks, Discovery request; the 30 days is rapidly expiring, and I expect that in the last days of Discovery I'll receive a barrage of Discovery requests from them, in an attempt to delay the first hearing date. If we do go to court, I may decide to hire an attorney, because, despite my solid evidence, and their lack of same, my unfamiliarity with the court system, and procedures, would, most likely, put me at a disadvantage.

The Defendant in my case, was undoubtedly advised by their attorney, that it would cost me more in attorney's fees, than the amount I would be attempting to recover, and if I had hired an attorney to represent me, that would certainly be true.

Buzz, if you'd like send me a quick PM about your case and I may be able to offer a bit of help.

 

[L L & S]

For everything NiFong and the Duke U Group of 88 this is a very good blog.

Durham-in-Wonderland

Comments and analysis about the Duke/Nifong case

About Me

Name: KC Johnson

I am a professor of history at Brooklyn College and the CUNY Graduate Center, where I teach offerings in 20th century U.S. constitutional, political, and diplomatic history.

Tuesday, March 06, 2007

Add Tiahrt to the List

Kansas Congressman Todd Tiahrt has become the latest member of the House (joining Walter Jones, Carolyn McCarthy, and Peter King) to demand that AG Gonzales open a federal inquiry into the behavior of Mike Nifong.

A poster at Liestoppers (IMO, another great site for keeping up on Mr. Nifong.) received the following e-mail from Tiahrt:

I'm not sure of the rules for blogs and quoting them on the board here so I invite you to go to the above link and read the rest of the post.


.

 

[curious1]

Okay, you know what I really want to know.......When will the facualty and students who took out the big ad in the paper demonizing the lacrosse players take out another ad and apologize? And when are the leaders of the African-American community going to apologize for trying to instigate even more hatred and division among the communities in Durham? Huh? Come on guys.

As much as NiWrong's behavior bothers me I am bugged more about the way some of the facualty conducted themselves.

 

[L L & S]

The Group of 88 put up the "Listening Statement" (original ad) then a "Clarifying Statement" (to tell everyone that they took the listening statement all wrong). They have NOT apologized and I don't think they ever will. They are continuing on just like there was a kidnapping and rape. It's a complete mess, imo, over at Duke U.

Got to take my kid to his night class...... sorry about the drive by post.