Posted on 12/17/2006 10:28:14 PM PST by goldstategop
As of this moment, we're still unsure of all the facts in the Duke "rape" case, but it's looking like the accused players could be getting railroaded to the point where, when this is over, District Attorney Mike Nifong might receive a lucrative job offer from Union Pacific. The prosecution's "evidence" seems to be adding up about as logically as the answers on Paris Hilton's algebra exam, yet the case is still being pursued. Every time we look at somebody who may be falsely accused and wrongly convicted, we should shudder and think, "There but for the grace of God," and investigate fully. This is an important case for all of us, as things like this have happened before and must not be allowed to happen to anyone again.
Defense attorneys for the three men from Duke's lacrosse team charged with raping a stripper at a party have filed a motion with the court, as DNA testing found genetic material in the accuser's body and underwear, but none of it was from any of the three defendants.
I repeat: None of it was from any of the three men accused of the rape.
This means the accuser was not with the accused, but rather other men (willingly or unwillingly we don't know), or did a feet-first Slip-n-Slide through the men's room at a packed football stadium. Either way, it's not looking good for the prosecutor's case, but he's showing no signs of letting up.
First of all, the private DNA testing lab was hired by the prosecution. The testing was completed in spring, and the defense wasn't notified of the results until October. Had the results turned out to include DNA from all three of the accused, we can only assume that Nifong would have immediately hired a skywriting company and town crier to trumpet this fact.
The hush-hush nature of the prosecutor's handling of this important piece of evidence, or lack thereof, and his apparent dogged determination to imprison men who may well be innocent, could lead the most skeptical among us to ask one simple question: "Mr. Nifong, where were you on the night of March 13, 2006?"
It has become painfully obvious that the accused are being used for some purpose other than the pursuit of justice. If it turns out that the prosecutor is continuing to press increasingly discredited allegations, severe action needs to be taken. If this is all a political game, Mike Nifong's last day in office should be the legal equivalent of Mussolini's involuntary inverted pinata therapy at the end of World War II.
Republican Rep. Walter Jones wants the U.S. Department of Justice to investigate Nifong's conduct in the case to find out if the prosecutor simply pursued the case for political gain in a re-election year.
In the meantime, here's my modest proposal, and one that would apply in general to any would-be out-of-control prosecutor: Let it be known going in that should solid evidence be found that a prosecutor pursued a false or grossly misleading case against any citizen, said prosecutor should be subject to at least the same sentence they sought to impose on the defendant.
There's probably no way to know how many people are in jail due to zealous prosecutors and their lofty goals that had little to do with the alleged crimes by the accused. This country has enough trouble putting actual criminals in prison without using so much time and resource to manufacture cases against the people because some prosecutor wants to be re-elected or is just plain crooked.
There are few more heinous crimes than knowingly ruining the life of an innocent person to gain political power, and this should be addressed by sentencing rogue prosecutors (and judges, and politicians, etc.) who are found to have willingly engaged in this act to at least the same sentences they sought for those they accused.
If this turns out to be the fact of the matter in the Duke case, history might record this proposed legal fix as "Nifong's Law." Having a law named after you is a good way to impress your cellmate while simultaneously protecting any would-be victims of legal and/or political zealotry.
In the Duke lacrosse case, one thing is certain: Somebody has been raped. The only question now is who.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
He should be sentenced individually for each of his victims.
I'm not 100% certain but I believe that all three players were able to get released on bail very shortly after their indictments.
The damage suffered was extensive.
No question, that's certainly true. I don't think that any of the players were held in jail for months though.
They are going to LOVE Nifong in jail. He'll make a lovely wife.
There was a previous case where the accused spent at least one year in jell. It didn't get much news, but the LAX case has put spotlight on similar cases by Nifong.
Actually he could get more. See 18 USC 224 "Deprivation Of Civil Rights Under False Color of Authority".
L
L
I said it then and I say it now. The words "stripper" and "rape" don't go together. That alone should have prompted a bigger review and no arrests should ever been made on the evidence collected EXCEPT for the stripper herself.
That a DA would persue this like this is a gross malfeasence of office and he should be prosecuted FEDERALLY for "loss of rights".
OTOH....yes, this "exotic" dancer should have had more scrutiny than just being accepted at her word.....I have a feeling that the cops knew her, maybe had special "arrangements" with her.....
I said early on that I think the reason she cried "rape" was that she was violating her probation by being drunk/drugged up and she didn't want to face that ......plus, its always good to get back at those rich, white guys....
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
My mistake. I wrote Section 224.
Thanks for the correction and for posting the Statute.
Paging Mr. Nifong:
the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials,...
The penalties can be severe as you pointed out.
L
I stand by what I wrote. Stripper/prostitute and rape should have been red flags to the DA and if he had done his job, no one would have been arrested.
There has never been a time this thought hasn't crossed my mind. If Nifong hadn't made arrests he wouldn't have been re-elected.
Black woman, white boys, the blacks were raising hell marching in the streets for justice for their black sister, and the rest is history.
I know you meant well, but here in Nevada, perfectly respectable girls at both state universities take, um, most of it off, protected by hulking guys, to earn substantial sums for their education. Unless they're party chicks, like Miss USA apparently was, they usually get home at a fairly proper time and attend class the next day.
Strippers, at least in this state where there are stringent regulations, are usually strippers. Period.
Well I don't claim all strippers are whores but again, I must repeat, it should have been a red flag for much more investigation before mouthing off to the media or making bogus arrests.
You would think any legitimate crusader for truth, justice and civil rights would be in the vanguard demanding justice in a case like this.
Their silence is deafening.
A picture of Nifong sitting in a cell with two or three guys he prosecuted..............Priceless
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