Wudge said:
I am happy to see the media is finally making Nifong the news in this case, as he sholuld be. It took them long enough to start doing the real story, which is that Nifong is yet another corrupt NC prosecutor.
Nifong is educating the public alright, but it is in area of how prosecutors corrupt cases, ruin lives and falsify/misrepresent evidence for their personal gain.
I have a news flash for you...prosecutors don't start cases on their own, they only respond to what witnesses and victims tell them. If a woman tells the police that she was gang-raped, the police and the DA are required by law to open an investigation. If the investigation determines that there is "probable cause" for the charges, they're required to file charges.
Keep in mind that in this case the investigation was severely limited by the fact that the lacrosse players made the strange (and rather immature) decision to refuse as a team to cooperate with the police. If someone on the team had spoken with the police and explained their side of the story, it's entirely possible that the inconsistencies would have come out much sooner, and charges might never have been filed. So a lot of this was self-inflicted, because by banding together and remaining silent, the players essentially forced a grand jury to rely on nothing other than the testimony of the victim. If the victim testifies under oath that it happened, and the only other witnesses to the crime (the team members) all immediately hire lawyers and refuse to cooperate, you tell me what the DA (and the members of the grand jury) are supposed to do?
After everything that's happened in the media, you may or may not believe the victim's story anymore, but most every lawyer and every judge in the country would agree that "probable cause" existed in this case at the time the story first broke, especially since no other witnesses were cooperating. After all, the DA didn't indict the defendants, a grand jury of 18 citizens issued the indictments after listening to the victim and deciding that "probable cause" existed. Maybe if some of the team members had testified, the result would have been different; but they chose not to. Whether there's proof of guilt beyond a reasonable doubt is another question, but hindsight is 20-20.
Remember, the DA is not the judge and he is not the jury. Remember also that there are 2 sides to every story; even serial killers have their excuses and their alibi witnesses and their sleazy defense lawyers who'll try to twist the facts around. If DA's went around refusing to file charges every time some witnesses contradicted each other, then very few cases would ever be filed and a lot of guilty people would go free.
In the end, it's not the DA's job to decide who's telling the truth, especially when none of the eyewitnesses to the crime will cooperate. That's the jury's job at trial. After all, the whole point of a trial is to sort out the truth when people tell different stories. The DA's role is to put the victim on the stand and let her tell her story; the defense lawyer's role is to present witnesses and evidence that point to innocence; and it's the jury's role to decide who to believe.
The other way to think about this is to flip it around. If you expect DA's to start sitting in judgement and determine, before a trial, who is telling the truth and who isn't, then why have trials at all? If DA's are so good at figuring out cases before trial, why would we ever need judges and juries?
So, you need to think twice before attacking someone for being corrupt when they're doing the job that the law requires them to do.