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Why the D.A. should be off the case [Nifong, Duke]
The News & Observer (Durham, Chapel Hill) ^ | Dec. 21, 2006 | Joseph Kennedy

Posted on 12/21/2006 11:09:37 AM PST by beckett

CHAPEL HILL - Whether the defendants in the Duke lacrosse case are guilty or innocent, Durham District Attorney Mike Nifong should disqualify himself, or be disqualified, from the case.

On Friday, Nifong's own witness essentially accused him of breaking the law. An actual conflict of interest now exists between Nifong's need to defend himself against possible charges of misconduct and his obligation to prosecute the case fairly and effectively.

In court Friday, the head of a lab that Nifong retained to analyze DNA samples testified that he and Nifong intentionally decided to exclude from the expert's report the fact that DNA analyzed from the clothes and body of the accuser did not belong to any of the defendants but came instead from unidentified males.

N.C. General Statute 15A-903 requires that a prosecution expert provide a report of the results of any tests performed and that the prosecutor furnish that report to the defense. Deciding to exclude these results is deciding to violate this law.

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


TOPICS: Crime/Corruption; Government
KEYWORDS: duke; dukelax; durhamdirtbag; itsover; lacrosse; nifong; rape
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The News & Observer has been a Nifong cheerleader since early in the case. The loss of its support is a huge blow to him.

Read KC Johnson's blog for more.

1 posted on 12/21/2006 11:09:41 AM PST by beckett
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To: Howlin

Duke LAX ping.


2 posted on 12/21/2006 11:11:08 AM PST by dirtboy (Objects in tagline are closer than they appear)
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To: dirtboy

The DA knew that there was no DNA match to the accused BEFORE he indicted them.

(The DNA tests were so sensitive that they picked up DNA from five other sexual contacts, plus contamination by the lab technician--who contaminated the sample despite the rigorous cleanliness of the lab.)

But somehow we are expected to believe that THREE guys raped and struggled with this woman for ten minutes to half an hour, in a grungy college kid's bathroom, and left no DNA at all?


3 posted on 12/21/2006 11:14:17 AM PST by CondorFlight (I)
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To: beckett
What a detestable human being!
4 posted on 12/21/2006 11:15:07 AM PST by TexasCajun
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To: beckett

He should be not only removed from the case, he should be removed from society and put into a jail cell where he belongs.


5 posted on 12/21/2006 11:15:07 AM PST by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: beckett

The tide...it is a turnin.


6 posted on 12/21/2006 11:15:11 AM PST by DrGunsforHands
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To: beckett

I hope this Nifong fellow steps in it bigtime. He has ruined the lives of many young men on charges that everyone knows are bogus. This guy deserves to do hard time for what he has put these three young men through.


7 posted on 12/21/2006 11:15:21 AM PST by Always Right
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To: beckett

The RN&O can only produce so much chicken salad. Also, the RN&O did cover how the LAX scandal was hammering Duke University.


http://www.redstate.com/blogs/cni_redrum/2006/dec/19/riddle_me_this_batman_why_do_we_reelect_these_people


8 posted on 12/21/2006 11:15:25 AM PST by .cnI redruM (Free enterprise will pave the road to the stars!)
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To: TommyDale

Nifong is a PIMP.


9 posted on 12/21/2006 11:16:06 AM PST by unkus
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To: CondorFlight

Plus we are to believe that the accused, who have pictures and witnesses placing them elsewhere, can be in two places at the same time?

The judge who permitted this case to go forward--Stephens--is a buddy and mentor of Nifong. He signed the original warrants--which we now know were based on false info given him.

Yet he still did not quash the warrants; he permitted Nifong to delay discovery and hide evidence; he permitted Nifong to not have to read all the documents in the case,
etc.

He is as much a part of this conspiracy to frame the defendants as anyone else.

The NC bar committee, which has been a paper tiger for years (consider the slap on the wrist given to the Gell case DA--who is now a judge!), may finally have to do some serious work, or look like more of a laughingstock than they already do.


10 posted on 12/21/2006 11:18:15 AM PST by CondorFlight (I)
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To: beckett
Nifong needs ten years in general population with the guys he put it, that would be justice.
11 posted on 12/21/2006 11:20:38 AM PST by Navy Patriot (Zimbabwe, leftist success story.)
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To: beckett
Is Joseph Kennedy a regular columnist for the NO, a guest columnist, or what? Is there any indication of any change on the part of the editorial board at the NO?
12 posted on 12/21/2006 11:22:46 AM PST by San Jacinto
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To: beckett
The News & Observer has been a Nifong cheerleader since early in the case. The loss of its support is a huge blow to him.

This looks like an opinion piece from a law professor, not an editorial by the paper itself. Too bad, sounds like this guy Nifong is trying to frame innocent kids.
13 posted on 12/21/2006 11:25:31 AM PST by AnotherUnixGeek
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To: DrGunsforHands

I'm still waiting for that moron Boortz to apologize for the folks he ripped to shreds that came to the defense of the "innocent till proven guilty" kids.


14 posted on 12/21/2006 11:25:32 AM PST by sam_paine (X .................................)
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To: DrGunsforHands
>>>The tide...it is a turnin.<<<

The tide normally turns twice a day! It should have turned that fast in this case - the fact that it has not turned for these past months is an indictment of the negligence of the MSM in investigating Nifongs corrupt prosecution of the hockey team to serve his own political ambition.

15 posted on 12/21/2006 11:26:58 AM PST by HardStarboard (Give Pelosi and Reid Enough Rope to Hang Themselves.)
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To: beckett

I will be the first to admit that although I took an "innocent until proven guilty," attitude when this first broke, I was inclined to believe that where there's smoke there's fire. Now I'm convinced, this has all been smoke.


16 posted on 12/21/2006 11:30:58 AM PST by Joe 6-pack (Voted Free Republic's Most Eligible Bachelor: 2006. Love them Diebold machines.)
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To: sam_paine

Boortz and the rest of the media who bought the accusations without any consideration of innocent til proven guilty.


17 posted on 12/21/2006 11:36:01 AM PST by misterrob (Jack Bauer/Chuck Norris 2008)
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To: beckett
Durham District Attorney Mike Nifong belongs in prison for 20 years, no possibility for parole.
18 posted on 12/21/2006 11:39:22 AM PST by monday
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To: beckett

Which also puts in doubt any other case, this human excrement tried.


19 posted on 12/21/2006 11:42:53 AM PST by Post-Neolithic (Money only makes Communists rich Communists)
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To: beckett

20 posted on 12/21/2006 11:45:30 AM PST by drpix
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