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U.S. Congressman Calls For DA Probe In Duke Rape Case
WRAL TV ^ | December 12, 2006

Posted on 12/12/2006 11:20:19 AM PST by Howlin

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To: CondorFlight

(borrowed from another board) :
Write your congressman.

It's Simple.

Just CUT AND PASTE the following into your email or your congressman's (and senator's)
contact form, and put your name after 'sincerely' :



Will you be joining with Congressman Jones' appeal, as reported below?
Thanx!
sincerely,

For Immediate Release
Tuesday, December 12, 2006 Contact: Kathleen M. Joyce
202-225-3415

Washington, D.C. – In a letter to U.S. Attorney General Alberto Gonzales, Third District Representative Walter B. Jones (R-NC) requested an inquiry into Durham County, North Carolina District Attorney Mike Nifong’s prosecution of three Duke University student athletes accused of an alleged sexual attack on a woman at a party earlier this year. Specifically, Rep. Jones asked the Attorney General to review Mr. Nifong’s conduct to determine if it constitutes prosecutorial misconduct and has denied the students their civil rights as U.S. citizens under federal law.

“Over the past several months, many of my constituents and a growing number of mainstream media outlets have raised serious questions about the accuser’s allegations and Mr. Nifong’s prosecution,” Jones wrote. Jones highlighted two particular issues which have been brought to his attention:

“First, Mr. Nifong directed the Durham Police Department to knowingly violate suspect identification procedures for police personnel in North Carolina,” Jones continued. “These procedures require that during any suspect identification process, a suspect’s photo must be shown with those of non-suspects. Mr. Nifong not only directed that this not be done, he also directed the police to tell the accuser that she would only view photos of Duke lacrosse athletes who were at the party. By doing so, Mr. Nifong ensured that the accuser could not make a mistake no matter who she identified because she would inevitably identify Duke athletes.”

“Second, throughout the investigation Mr. Nifong repeatedly made prejudicial statements to the media. His statements clearly violate the North Carolina Rules of Professional Conduct which prohibit a prosecutor in a criminal case from making extrajudicial statements that ‘heighten public condemnation of the accused’ or, if disseminated via public communication, have the ‘substantial likelihood’ of prejudicing the proceeding,” Jones wrote. “Mr. Nifong’s statements ranged from labeling the Duke players “hooligans” to falsely stating that they refused to cooperate with his investigation. Mr. Nifong also continually proclaimed his personal opinion that a sexual attack had occurred and that he believed the accuser. Furthermore, what is perhaps most concerning is Mr. Nifong’s public admission and representation in court that he’s never had the accuser tell him what she alleges occurred that night; Mr. Nifong has stated it was unnecessary to hear her version.”

“Mr. Attorney General, many of my constituents have expressed concern to me that the facts outlined in this letter are indicative of prosecutorial misconduct. I urge you to look into these matters to ensure that Mr. Nifong’s actions have not illegally denied the accused of their civil rights as American citizens,” Jones concluded. “After all, if the American people cannot trust those who they’ve empowered to pursue justice fairly, then hope for this democracy is lost.”


21 posted on 12/12/2006 11:32:01 AM PST by CondorFlight (I)
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To: Henchster

I hope you're right.


22 posted on 12/12/2006 11:33:49 AM PST by Howlin (40 days to Destin!)
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To: Howlin

Well holy cow, its about time someone did something....


23 posted on 12/12/2006 11:37:23 AM PST by HarleyLady27 (My ? to libs: "Do they ever shut up on your planet?" "Grow your own DOPE: Plant a LIB!")
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To: Ditto

There's always a federal case. How bout denial of due process, violation of equal protection under the law, violation of 4th amendment rights, and I'm sure any crim lawyer can think of 10 other federal interests being assaulted in this case.


24 posted on 12/12/2006 11:37:49 AM PST by appeal2
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To: Howlin

Good news! Crossing fingers!


25 posted on 12/12/2006 11:50:07 AM PST by BossLady (Islamic Motto: We Love Our Women To Death........)
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To: Howlin

Some different laws there than other states I guess. In most, the State AG can step into any criminal case in any county if he does not like what the local DA is doing. The DA is supposed to be enforcing State Law and if he's not doing his job, it's up to the Attorney General to see that the law is respected.


26 posted on 12/12/2006 11:50:30 AM PST by Ditto
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To: Howlin

Bump


27 posted on 12/12/2006 11:56:12 AM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Howlin

YaH!

Thanks for the Ping, and promising news!


28 posted on 12/12/2006 11:58:22 AM PST by snarkytart
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To: Howlin

Where ya been Walter?

It's always better late than never, but in this case, sooner would have beaten the hell of later!


29 posted on 12/12/2006 11:59:30 AM PST by F.J. Mitchell (Only liberals and RINOS can flee full speed through crevices that would challenge a cockroach.)
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To: Howlin

Nifong must have done something...

Something must have happened...

Is someone finally going to take a look-see?

Actually, I still don't think so, but this inches the pressure on Nifong up another notch to make this case disappear.


30 posted on 12/12/2006 11:59:58 AM PST by ltc8k6
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To: Howlin

Well it's about ding-dang time! Not sure if this is going cool Nifong's jets or just light his fire, but I'm glad SOMEBODY has formally called him on his actions in this case. Where's that 60 Minutes follow-up?


31 posted on 12/12/2006 12:01:07 PM PST by Dukie07
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To: appeal2
How bout denial of due process, violation of equal protection under the law, violation of 4th amendment rights, and I'm sure any crim lawyer can think of 10 other federal interests being assaulted in this case.

There has been no trial or verdict. I'd say that under Federal law, none of their civil rights have "yet" been violated. The DA sure has has ignored North Carolina procedures, but I don't think that would rise to the Federal level unless they were convicted and the conviction upheld by State court.

They may eventually have civil recourse against the county with the possibility of a criminal complaint against the DAs office for willful misconduct.

32 posted on 12/12/2006 12:01:43 PM PST by Ditto
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To: F.J. Mitchell

Drinking?


33 posted on 12/12/2006 12:03:34 PM PST by Howlin (40 days to Destin!)
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To: mgstarr

Would you rather see this bastard destroy the remainder of these three innocent victims lives??


34 posted on 12/12/2006 12:04:52 PM PST by F.J. Mitchell (Only liberals and RINOS can flee full speed through crevices that would challenge a cockroach.)
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To: mgstarr
I'll bet you wouldn't hate it if you were one of the accused, almost certainly falsely accused at that, eh?
35 posted on 12/12/2006 12:13:58 PM PST by top 2 toe red (~**~ I liked Tuesday, November 7, 2006...a lot, lot better before the votes were counted. ~**~)
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To: mgstarr

I don't care who it is as long as something gets done. It's obvious Easley & Cooper are not going to budge. There needs to be some justice. Now.


36 posted on 12/12/2006 12:14:41 PM PST by Sue Perkick (Just a water spider on the pond of life.)
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To: Ditto

If continuing a prosecution that the da knows is false isn't a violation of due process, than what is?


37 posted on 12/12/2006 12:16:25 PM PST by appeal2
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To: Howlin

AMEN!!!!!

I have little to no use for Rep. Jones. The rumor is he is going to switch back to the Democrat party - he's a former Dem.


38 posted on 12/12/2006 12:18:01 PM PST by GOPRaleigh (If John Kerry didn't exist then Karl Rove would have to invent him.)
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To: Howlin
LOL! I thought you was asking me if I was drinking, Howlin. As a matter of fact I have had a beer or two, guilty conscience I guess.

Seems I have heard something about Walter J. being somewhat of an imbiber. Surely though he has sobered up a time or two since last spring.
39 posted on 12/12/2006 12:19:30 PM PST by F.J. Mitchell (Only liberals and RINOS can escape full speed through crevices that would challenge a cockroach.)
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To: appeal2

Bingo. No need to wait for the North Carolina AG.


40 posted on 12/12/2006 12:20:35 PM PST by 1rudeboy
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