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State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case
WRAL TV ^ | March 19, 2007

Posted on 03/19/2007 2:47:58 PM PDT by CondorFlight

A North Carolina State Bar response to Durham County District Attorney Mike Nifong's request for dismissal of some of the charges against him suggests that Nifong has attempted to skirt the system in his handling of the Duke lacrosse case.

In a legal brief filed Monday, the bar suggests Nifong wants the organization to interpret the law according to his view of it. They also said they don't buy Nifong's explanation for withholding DNA evidence, and claimed he's twisting words to make his argument fit.

(Excerpt) Read more at wral.com ...


TOPICS:
KEYWORDS: duke; dukelax; megalomaniac; ncbar; nifong
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1 posted on 03/19/2007 2:48:04 PM PDT by CondorFlight
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To: CondorFlight

Nifong should be forced to resign if he won't do it voluntarily.


2 posted on 03/19/2007 2:51:19 PM PDT by Reaganwuzthebest
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To: CondorFlight

So basically, the State Bar isn't going to let Nifong's attorney (and former NC Bar chair) lead them around by the nose!


3 posted on 03/19/2007 2:51:34 PM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: CondorFlight
They also said they don't buy Nifong's explanation for withholding DNA evidence, and claimed he's twisting words to make his argument fit.

So a Democrats playbook is finally exposed!

4 posted on 03/19/2007 2:51:56 PM PDT by rocksblues (Do unto others as they do unto you!)
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To: CondorFlight
attempted to skirt the system in

Is there a legal definition of "skirt the system?" I doubt it.

5 posted on 03/19/2007 2:52:04 PM PDT by Freee-dame
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To: CondorFlight

I think this is the "good news" for everyone involved that we expected at the end of last week. I would say this is good news for everyone but Nifong and his attorney. LOL!


6 posted on 03/19/2007 2:53:06 PM PDT by TommyDale (What will Rudy do in the War on Terror? Implement gun control on insurgents and Al Qaeda?)
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To: CondorFlight

The statements he made to the press will be very damning. I would love to hear the evidence he as to back them up because there is not any. Also withholding evidence to the defence will not be good for him. He should be toast.


7 posted on 03/19/2007 2:54:08 PM PDT by Parley Baer
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To: CondorFlight
The statements he made to the press will be very damning. I would love to hear the evidence he as to back them up because there is not any. Also withholding evidence to the defense will not be good for him. He should be toast.
8 posted on 03/19/2007 2:54:45 PM PDT by Parley Baer
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To: CondorFlight

Nifong is just one more agenda driven Stalinist who has to be removed. He has done enormous injury to our legal system. He has shown us that the presumption of innocence can be dismissed with a single press conference.


9 posted on 03/19/2007 2:55:38 PM PDT by Continental Soldier
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To: CondorFlight

"A North Carolina State Bar response to Durham County District Attorney Mike Nifong's request for dismissal of some of the charges against him suggests that Nifong has attempted to skirt the system in his handling of the Duke lacrosse case."

"Skirted the system"? What kind of compliance standard is that, for Pete's sake? It sounds like the state bar is getting ready to whitewash some serious ethical violations.


10 posted on 03/19/2007 2:55:45 PM PDT by Spok
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To: CondorFlight

Hmmmmm.


11 posted on 03/19/2007 2:56:16 PM PDT by patton (Nihil curo de ista tua stulta superstitione.)
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To: CondorFlight

In other news, scientists report that the ocean is somewhat damp.


12 posted on 03/19/2007 2:57:10 PM PDT by Thrusher ("There is no peace without victory.")
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To: Reaganwuzthebest
Nifong should be forced to resign if he won't do it voluntarily.

I agree. It's the seriousness of the charge that counts.

13 posted on 03/19/2007 2:58:04 PM PDT by krb (If you're not outraged, people probably like having you around.)
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To: CondorFlight

"Hang'im high!"


14 posted on 03/19/2007 2:58:13 PM PDT by LiteKeeper (Beware the secularization of America; the Islamization of Eurabia)
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To: CondorFlight

If a prosecutor tries to "skirt the system" by filing serious charges against citizens, how is that not abuse of power?


15 posted on 03/19/2007 2:59:19 PM PDT by mockingbyrd (peace begins in the womb)
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To: Reaganwuzthebest

He needs prison time.


16 posted on 03/19/2007 3:02:41 PM PDT by CAWats (People that are easily angered are easily frightened.)
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To: Reaganwuzthebest

The NC Bar wants more than his resignation. They want his bar membership yanked permanently, so that he can't practice law in the state at all, and would be very unlikely to get admitted to any other state's bar.


17 posted on 03/19/2007 3:05:09 PM PDT by GovernmentShrinker
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To: CAWats

Petition for Justice in the Duke Lacrosse Case :

http://www.thepetitionsite.com/takeaction/208340697


18 posted on 03/19/2007 3:05:47 PM PDT by CondorFlight (I)
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To: TommyDale
I would say this is good news for everyone but Nifong and his attorney. LOL!

Well, I would expect his attorney is going to get paid one way or the other, so it might be bad news for only Mr. Nifong himself.

Boo, hoo, hoo.

19 posted on 03/19/2007 3:06:12 PM PDT by Brujo (Quod volunt, credunt.)
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To: CAWats
He needs prison time.

True but he'll get off, they always do.

20 posted on 03/19/2007 3:06:33 PM PDT by Reaganwuzthebest
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To: Freee-dame
Is there a legal definition of "skirt the system?"

It is a cute journalistic euphemism for circumventing the law. Actions do not necessarily have to be illegal though for disbarment. Improprieties inconsistent with upholding the public image of the legal industry can be used, but ultimately it's up to the discretion of the North Carolina State Bar Association.
21 posted on 03/19/2007 3:06:47 PM PDT by SpaceBar
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To: krb
It's the seriousness of the charge that counts.

Was a /sarc missing there?

22 posted on 03/19/2007 3:07:31 PM PDT by Brujo (Quod volunt, credunt.)
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To: Spok
"Skirted the system"? What kind of compliance standard is that, for Pete's sake?

I think the words you quoted are the reporter's interpretation.

This sounds far more serious (at end of article):

University of North Carolina law professor Joe Kennedy described the bar's tone in the most-recent documents as somewhat incredulous. He pointed to the bar's following point: "Nifong is arguing that he can make false statements to a court…then use his misrepresentations to claim he committed no violation."

23 posted on 03/19/2007 3:07:37 PM PDT by browardchad
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To: CondorFlight

Nifong's case to be heard in June, why not let him stew for as long as he has let the Duke boys sweat it out, and not be able to hold a job or earn a salary.


24 posted on 03/19/2007 3:07:54 PM PDT by constant
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To: GovernmentShrinker
They want his bar membership yanked permanently.

That's what needs to happen at the very least, how can anyone trust they'll ever get justice in his jurisdiction?

25 posted on 03/19/2007 3:08:27 PM PDT by Reaganwuzthebest
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To: Brujo

Yes and no. He deserves the same logic that he used on his victims.


26 posted on 03/19/2007 3:09:07 PM PDT by krb (If you're not outraged, people probably like having you around.)
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To: Howlin; abb

New Duke Article ?


27 posted on 03/19/2007 3:10:33 PM PDT by DvdMom (Impeach Nifong -)
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To: Freee-dame

Is there a legal definition of "skirt the system?" I doubt it.




how about Miscarriage of Justice.


28 posted on 03/19/2007 3:13:11 PM PDT by mystery-ak (My Son, My Soldier, My Hero........God Speed Jonathan......)
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To: krb
Yes and no. He deserves the same logic that he used on his victims.

Well, I understand the outrage, but I'm afraid I'm going to have to disagree on that last part.

Not that it looks as if it's going to matter in this case. It's not going to be easy to sweep all of this crud under the carpet.

29 posted on 03/19/2007 3:14:06 PM PDT by Brujo (Quod volunt, credunt.)
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To: Reaganwuzthebest
Nifong should be forced to resign if he won't do it voluntarily.

Not good enough. He should be disbarred, all charges against the players dropped, and for good measure he should be responsible for all legal expenses the players and their families encountered.

30 posted on 03/19/2007 3:14:22 PM PDT by barker ( A smile is a curved line that sets things straight.)
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To: barker

I'm with you, I hope he gets all that and more...


31 posted on 03/19/2007 3:16:36 PM PDT by Reaganwuzthebest
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To: browardchad

That's the MONEY QUOTE, as they say.


32 posted on 03/19/2007 3:22:54 PM PDT by Howlin (Honk if you like Fred Thompson!!!)
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To: abb; abner; Alia; AmishDude; AntiGuv; BerniesFriend; beyondashadow; Bitter Bierce; bjc; ...

DukeLax Ping!


33 posted on 03/19/2007 3:23:55 PM PDT by Howlin (Honk if you like Fred Thompson!!!)
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To: CondorFlight

Now that the case is out of the news Nifong will be given a mild reprimand and nothing else will happen to him.


34 posted on 03/19/2007 3:24:18 PM PDT by Leftism is Mentally Deranged (he should be in jail, but won't go - he's a liberal)
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To: CondorFlight

The News & Observer



Published: Mar 19, 2007 01:37 PM
Modified: Mar 19, 2007 01:46 PM


Nifong seeks dismissal of Bar complaint


By Anne Blythe, Staff Writer

Durham District Attorney Mike Nifong provided the N.C. State Bar further evidence for why he thinks some of the ethics charges against him should be dismissed.
In documents filed late Friday, Nifong argues that he did not violate the constitutional rights of the three defendants in the Duke lacrosse case when he did not turn over all the DNA evidence.

Nifong presented several court cases to support his claim that the defendants have not been denied a right to a fair trial because they received the information before a trial date has been set.

The district attorney, who could be disbarred if the State Bar charges are proven, also said that neither state law nor court orders required him to write a report of what he was told by the head of a private lab that did the DNA testing.

The State Bar has said that Nifong first learned of DNA results favorable to the accused on April 10 but instructed the lab director not to list those results on a written report. The Bar said Nifong never gave the players a complete report, as required by the State Bar and state law.

Defense lawyers repeatedly asked for the information.

Nifong turned over 1,844 pages of raw data after a judge ordered him to do so.

Nifong’s filing comes several weeks after he told the Bar he did not mean to do anything wrong in the Duke lacrosse case.

Nifong did not intentionally withhold DNA evidence favorable to the accused, Winston-Salem lawyers David Freedman and Dudley Witt wrote in a 49-page filing submitted to the State Bar on Feb. 28, nor did he mean to create pretrial prejudice when he gave numerous interviews to the news media after an escort service dancer, they added.

As Nifong battles charges of ethical violations brought by the Bar in December and January, the three former Duke lacrosse players fight sexual assault and kidnapping charges.


35 posted on 03/19/2007 3:26:26 PM PDT by Howlin (Honk if you like Fred Thompson!!!)
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To: Reaganwuzthebest

It's past time for him to go AND BE DISBARRED!!!


36 posted on 03/19/2007 3:26:56 PM PDT by no dems (Herman Cain for VEEP in '08)
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To: CondorFlight

Nifong should be disbarred and prosecuted.


37 posted on 03/19/2007 3:27:43 PM PDT by GoldenPup
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To: Howlin

http://www.newsobserver.com/content/media/2007/3/19/Brief%20In%20Opposition%20To%20Motion%20To%20Dismiss.pdf

The actual response is a cold blooded, brutal smackdown of Nifong.


38 posted on 03/19/2007 3:28:16 PM PDT by ltc8k6
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To: Howlin

What's your take, is he in deep doo-doo?

I read the money quote. :0)


39 posted on 03/19/2007 3:28:40 PM PDT by onyx (DEFEAT Hillary Clinton, Marxist, student of Saul Alinsky & ally and beneficiary of Soros.)
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To: ltc8k6

It is; it made me shiver!

He's going down.


40 posted on 03/19/2007 3:28:58 PM PDT by Howlin (Honk if you like Fred Thompson!!!)
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To: Howlin

Bump


41 posted on 03/19/2007 3:29:15 PM PDT by Enterprise (I can't talk about liberals anymore because some of the words will get me sent to rehab.)
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To: onyx

He is going to be license-less in a very short period, I believe.

And then he'll be out of a job; perhaps he can get a job as a commentator on CTV? :-)


42 posted on 03/19/2007 3:30:04 PM PDT by Howlin (Honk if you like Fred Thompson!!!)
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To: CondorFlight

My bet is that he'll get a wrist slap, if that.


43 posted on 03/19/2007 3:30:29 PM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: Howlin

GOOD. I hope he's completely shamed.


44 posted on 03/19/2007 3:31:44 PM PDT by onyx (DEFEAT Hillary Clinton, Marxist, student of Saul Alinsky & ally and beneficiary of Soros.)
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To: Freee-dame

"Is there a legal definition of "skirt the system?" I doubt it."

Years ago it was referred to as failing to recognize the "spirit" of the law which used to be as important as the "letter" of the law. The two combined were supposed to be inherent in the "fairness" of the law. Today -- who knows? It's whatever you can get by with no matter which side of the law you're on. I'm not sure strict constructionists are necessarily any better on the "spirit" of any law, but they're a darned sight better on the "letter".


45 posted on 03/19/2007 3:35:49 PM PDT by Constitutions Grandchild
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To: CondorFlight
Sirted the Issues????

Pants Him!

46 posted on 03/19/2007 3:36:14 PM PDT by Young Werther ( and Julius Ceasar said, "quae cum ita sunt.")
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To: GovernmentShrinker

"The NC Bar wants more than his resignation. They want his bar membership yanked permanently, so that he can't practice law in the state at all, and would be very unlikely to get admitted to any other state's bar."

__________________________________________________________

It works for me! :-)


47 posted on 03/19/2007 3:42:48 PM PDT by Constitutions Grandchild
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To: Howlin

Thanks for the good news ping!


48 posted on 03/19/2007 4:26:10 PM PDT by sissyjane (Mr. Nifong, you've picked on the wrong families and you will pay for the rest of your life)
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To: ltc8k6

Wow. Reading the actions of Nifong in the first part of this document, including representing to the court more than once that he had given the Defense the particular information they sought, when he did no such thing ought to give him time in jail.

Libby misremembered... Nifong swore to the court and blatantly lied! And all to the end of railroading 3 defendents who he knew were innocent! Not that they could win an acquital, but that they were flat out innocent!


49 posted on 03/19/2007 4:55:53 PM PDT by pinz-n-needlez (Jack Bauer wears Tony Snow pajamas)
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To: TommyDale

Nifong's vile and inflammatory characterizations of the accused is clearly a violation of his position.

Nothing he can say will change that fact. There are numerous television appearances of him slamming those students.


50 posted on 03/19/2007 5:14:03 PM PDT by OldFriend ( TOM DeLAY FAN)
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