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Ping. Colin's Dad Speaks.

http://www.newsobserver.com/102/story/490944.html

Durham DA's stand draws fire
Lawyers' out-of-court comments are at the center of the storm

Collin Finnerty faces charges.

Joseph Neff, Anne Blythe and Benjamin Niolet, Staff Writers

The father of an indicted Duke lacrosse player said he was outraged when District Attorney Mike Nifong asserted that lawyers should be punished for violating the prohibition on out-of-court comments.

"I was outraged he would say that, given his prior statements," Kevin Finnerty said Monday. "When he first got involved in this case, he inflamed the story locally and nationally with his opinions, before doing the investigation."

Finnerty's son Collin is one of three Duke lacrosse players charged with the gang rape of an escort service dancer at a party in the early morning hours of March 14.

At a court hearing Friday, Superior Court Judge W. Osmond Smith III modified an order that had prevented players and their families from speaking in public.

Smith reminded lawyers that they must abide by North Carolina's Rules of Professional Conduct, which prohibit lawyers from making out-of-court statements that could prejudice the outcome of a case. Prosecutors have added responsibilities: The rules prohibit them from saying things outside court that could heighten public condemnation of the accused.

Nifong responded that revocation of law licenses should be the penalty for violating the rules.

"No attorney should have any objection whatsoever to complying with the bar rules," Nifong said.

Nifong then downplayed the extent of his public comments early in the case. He disagreed with reports that he had given 50 to 70 interviews, saying he had "15 listed on my desk calendar that I actually gave."

In an interview with The News & Observer on March 31, Nifong said he had given "in excess of 50" interviews. In an April 3 statement, Nifong said the interviews took in excess of 40 hours.

Finnerty said he was more concerned about the substance of Nifong's remarks than the frequency.

In March and April, Nifong called the lacrosse players "hooligans" and labeled their behavior "reprehensible." He said DNA tests would exonerate the innocent, yet brought charges when no DNA from any player was found in or on the accuser or on her clothes.

"I'm not going to allow Durham's view in the minds of the world to be a bunch of lacrosse players at Duke raping a black girl from Durham," Nifong said at a televised campaign forum in April.

"Every comment he made was out of line, baseless and inappropriate," Finnerty said. "He certainly seems to be running a campaign for his own personal gain at the expense of everything else."

Nifong did not respond to a request for comment Monday.

Three players have been charged with first-degree rape, sexual offense and kidnapping: Finnerty, 20, of Garden City, N.Y.; Reade Seligmann, 20, of Essex Fells, N.J., and David Evans, 23, of Bethesda, Md.
Staff writer Joseph Neff can be reached at 829-4516 or jneff@newsobserver.com.


249 posted on 09/26/2006 2:53:52 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.postchronicle.com/commentary/article_21241293.shtml
Commiserating With Robert Novak, Thanks To The Duke Case


250 posted on 09/26/2006 4:34:42 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
I don't doubt that Finnerty's dad is pissed, but trashing the DA in public is not the best idea...
260 posted on 09/26/2006 5:26:11 AM PDT by Ready4Freddy (Jim R really needs to add 'mooselimb' and 'blog' to the spellchecker! and 'spellchecker', too! ;>)
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To: abb

Nifong Is A Dirty Liar , & Where's another Elliot Ness When You Need Him .....

Nifong belongs in Jail , & Their should be a law so a DA Can Go to Jail For Abusing his Powers !


264 posted on 09/26/2006 6:28:41 AM PDT by DvdMom (Impeach Nifong -)
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To: abb
Nifong responded that revocation of law licenses should be the penalty for violating the rules.

You want to bet that the above words will come back to haunt Nifong?
267 posted on 09/26/2006 8:29:52 AM PDT by JLS
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