Recall Nifong - Vote Cheek (DukeLax Developments)

The Committee to Recall Nifong - Vote Cheek was formed on August 9, 2006 as a political action committee to campaign for Lewis Cheek in the upcoming election for District Attorney. While Mr. Cheek has declined to campaign for this office, and has stated that he will not accept the position if elected, we believe that this election, and the referendum on Mr. Nifong that it has become, is not about politics but rather about Durham and what Durham stands for.

The Committee to Recall Nifong - Vote Cheek (RNVC) is not comprised of politicians in any way, shape or form. The people who have organized and will direct this campaign over the next few months have no personal political ambitions and no affiliation with any of the parties involved in the drama that has shed such a bad light on the community of Durham. RNVC is not a movement born of political ambition, nor is it only about the Duke drama. RNVC does not campaign on its own behalf, nor on behalf of any person with ambitions to be the District Attorney of Durham County. RNVC will campaign on behalf of the entire Durham community, save one.

Our movement was born in Durham homes by Durham citizens and for the Durham community. This Durham community, to which the participants in RNVC proudly belong, has become the target of nationwide ridicule and scorn. Durham County has been manipulated, deceived and divided by inflammatory, ambition-serving words uttered by the man entrusted to protect it. RNVC believes that the role of the District Attorney should be that of a protector, and not that of a divider. RNVC believes that the community deserves a District Attorney that inspires trust and not fear. It is the fear of Mr. Nifong and distrust of his words, motives and competency for office that has inspired this movement.

If one of our daughters were the victim of a violent crime, we do not want the person pursuing justice on her behalf to be one who compromises the pursuit of justice either by serving his own self interests, or by his own failure and unwillingness to follow procedure. If one of our sons were to be accused falsely, we do not want a District Attorney who would see those false accusations as an opportunity to defeat a bitter rival in a primary election. We believe that our justice system must not be compromised by misdeed or willful mistakes.

We believe that our district attorney must be one who allows a thorough investigation to precede his public proclamation of guilt or innocence. We believe that indictments should be brought based on evidence at hand, and not evidence hoped for. We believe our District Attorney must value procedure, due process, the rulings of our state’s Supreme Court and the constitution this nation was built on. We believe that our District Attorney must not be allowed to interject himself into a Police investigation in such away that he instructs them to disregard the recommendations of the North Carolina Actual Innocence Commission, as approved by the NC Supreme Court. We believe that our District Attorney must not be a man who manipulates our law enforcement investigators into violating the Department’s own written policies simply to secure indictment before election.

We have heard Mr. Nifong ask Durham to consider the entirety of his career in the District Attorney’s office. We fail to see the relevancy of his performance in lesser roles within the office as an indicator of how he will perform when holding the power of the Office of District Attorney. We ask all of Durham to instead inspect his actions, his words and his motives while he has briefly served as District Attorney. We believe it is far more relevant to this referendum to inspect his conduct, questionable ethics and lack of performance in the short time that he has held the extensive powers and responsibilities of District Attorney.

Of all that we believe in, and of all that we ask of our community, with regard to this referendum on Mr. Nifong, what we hold most dearly is the notion that we all must speak. We believe this election is what the Durham that we love is about and, as such, requires a true and full measure of consideration by each of its citizens. We ask that Durham show, not only to Mr. Nifong, but also to Governor Easley and to the nation that watches, that Durham cares, that Durham has pride and, most importantly, that Durham has a voice.

AMEN, AMEN, AMEN !

"We believe that our district attorney must be one who allows a thorough investigation to precede his public proclamation of guilt or innocence. We believe that indictments should be brought based on evidence at hand, and not evidence HOPED FOR."

"We believe that our District Attorney must not be a man who manipulates our law enforcement investigators into violating the Department’s own written policies simply to secure indictment before election."

"If one of our sons were to be accused falsely, we do not want a District Attorney who would see those false accusations as an opportunity to defeat a bitter rival in a primary election. We believe that our justice system must not be compromised by misdeed or willful mistakes."

These people deserve credit!

A primer on US law (provided as a service for Durham judges,
DAs, ADAs, and Durham police officers) :

Title 18 U.S.C. § 4. Misprision of felony.
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Title 18 U.S.C. § 241. Conspiracy against rights of citizens.
If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his so exercised the same, ... they shall be fined ... or imprisoned ...

Title 18 U.S.C § 242. Deprivation of rights under color of law.
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person ... to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishment, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both.

Title 18 U.S.C § 1503. Influencing or injuring officer or juror generally.
(a) Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, ... on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b).

Title 18 U.S.C. § 1512. Tampering with a witness, victim, or an informant--
(b) Whoever knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to --(1) influence, delay or prevent the testimony of any person in an official proceeding: shall be fined ... or imprisoned ... or both.

Title 18 U.S.C. § 1513. Retaliating against a witness, victim, or an informant.
(a) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for--
(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible commission of a Federal offense.

Title 18 U.S.C. § 1515. Definitions for certain provisions; general provision. (a) As used in sections 1512 and 1513 of this title and in this section-. . .
(3) the term "misleading conduct" means-
(A) knowingly making a false statement;
(B) intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement;
(C) with intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;
(D) with intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or
(E) knowingly using a trick, scheme, or device with intent to mislead;

Legal definition of Conspiracy
(posted to be of help to Durham judges, DAs, ADAs, and police officers) :

"Conspiracy is an agreement between two or more persons to accomplish an unlawful act. Conspiracy is a separate offense over and above whatever other acts the parties conspired to accomplish. The existence of a conspiracy is usually determined from circumstantial evidence, looked at collectively.
This is usually the only means of determining a conspiracy, and is generally established by a number of indefinite acts, each of which, standing alone, might have little weight. But taken collectively, they point unerringly to the existence of a conspiracy.
The existence of a conspiracy may be proven by inference from conduct, statements, documents, and facts and circumstances which disclose a common design on the part of the accused persons and others to act together in pursuance of a common criminal purpose."

I have been wandering on the dark side again. I found Kim's other brother. The one who lives in CA.
~snip~

Screen name is Jazz. He is a musician and his wife writes poetry.

That isn't all his wife does. :-o Those myspace pages are quite revealing--Jazz's, Shannon's, Lee's, Kim's, their friends.

Jazz's and Kim's younger brother, Lee, is the same age as Crystal. He graduated in 1996 from Northern High in Durham.

I had come across Jazz's myspace page earlier this week (I had to take a break from the SCL). I wonder if he was the one who helped Kim pen her email request to the personal relations firm in New York?

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.