I think that there had been "shades" of it, but it didn't hit full force until the Duke case. I agree that its nice that its out in the open now and I'm more than thrilled that he's stepped down as D.A.
Jeana, hundreds of prosecutors across our nation withhold evidence every day as a matter of routine. It is institutionalized and accepted within and by many D.A. and A.G. offices. Some states are worse than others, but nobody ranks ahead of NC, nobody.
You may remember a prior post of mine, which I will
repost here.
When it comes to railroading the innocent (railroading in capital cases is a true specialty) via withholding exculpatory or exonerating evidence or through seating a pre-disposed jury, no other state in America can even fathom pulling off once what commonly takes place on a daily basis in NC's courtrooms.
As regards its prosecutorial practices as well as its actual operating "policy", NC is pure Ripleys.
For example, if a prosecutor has exculpatory evidence, are they required to turn it over to the defense"? No. To do so would violate State policy.
I kid you not.
http://www.newsobserver.com/208/story/249929.html
And if a NC prosecutor wants an expert witness to testify in a certain way, what methodology do they practice? Why they treat their expert witness the exact same way that they treat defense lawyers. They withhold relevant facts/evidence from them as well. Thus, by withholding relevant facts, they force or shape the resulting "expert opinion" to fit their storyline.
http://www.newsobserver.com/208/story/255927.html
And if a prosecutor is faced with hearing about, reading about or, in any way, knowing about exonerating evidence, what do they do? Why the practice in NC is to become deaf, dumb and blind to any such evidence. This is known as "willful blindness".
For example, seventeen eye witnesses would exonerate a defendant. So, what is the practice for prosecutors in NC. The practice is simple and standard. They just pretend (claim) that investigators never told them about any such witnesses, and they will claim (pretend) not to have read the files on any such (seventeen) witnesses
http://www.newsobserver.com/210/story/318665.html
This practice of "willful blindness" is also used to obtain indictments in NC. The Duke rape case serves perfectly to illustrate that practice. I reference Nifong's unwilligness to even hear (a prosecutor must be deaf) what exculpatory or exonerating evidence one of the defense attorneys said they had to support their client's innocence.
The bottom line is: NC is not like any other state in our nation. There have been five or six recent murder/capital case reversals that resulted from such heinous prosecutorial practices as I noted above. Let me repeat: capital cases.
Should anyone doubt that a Durham prosecutor would consider all of the above practices, and more, to be fair game in a simple rape case that they have already used to gain re-election. (hah)
Oh, and when a NC review board decides to impose the harshest of penalities to prosecutors who withheld exonerating evidence in a capital case and who also withheld facts from their expert witness so as to shape their opinion, what do prosectutors suffer? Why they get reprimanded and appointed to one of the highest positions in the state legal system.
http://www.newsobserver.com/208/story/244539.html
Summarizing NC's system of jurisprudence: It's Ripley's dream come true.