Skip to comments.State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case
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 ...
Nifong should be forced to resign if he won't do it voluntarily.
So basically, the State Bar isn't going to let Nifong's attorney (and former NC Bar chair) lead them around by the nose!
So a Democrats playbook is finally exposed!
Is there a legal definition of "skirt the system?" I doubt it.
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!
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.
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.
"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.
In other news, scientists report that the ocean is somewhat damp.
I agree. It's the seriousness of the charge that counts.
If a prosecutor tries to "skirt the system" by filing serious charges against citizens, how is that not abuse of power?
He needs prison time.
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.
Petition for Justice in the Duke Lacrosse Case :
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.
True but he'll get off, they always do.
Was a /sarc missing there?
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."
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.
That's what needs to happen at the very least, how can anyone trust they'll ever get justice in his jurisdiction?
Yes and no. He deserves the same logic that he used on his victims.
New Duke Article ?
Is there a legal definition of "skirt the system?" I doubt it.
how about Miscarriage of Justice.
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.
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.
I'm with you, I hope he gets all that and more...
That's the MONEY QUOTE, as they say.
Now that the case is out of the news Nifong will be given a mild reprimand and nothing else will happen to him.
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.
Nifongs 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.
It's past time for him to go AND BE DISBARRED!!!
Nifong should be disbarred and prosecuted.
The actual response is a cold blooded, brutal smackdown of Nifong.
What's your take, is he in deep doo-doo?
I read the money quote. :0)
It is; it made me shiver!
He's going down.
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? :-)
My bet is that he'll get a wrist slap, if that.
GOOD. I hope he's completely shamed.
"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".
"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! :-)
Thanks for the good news ping!
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!
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.