Posted on 03/20/2007 8:20:59 AM PDT by freespirited
The former prosecutor in the Duke lacrosse sexual assault case didn't violate the constitutional rights of the three charged players, his attorneys said in a renewed effort to have some of the ethics charges against him dismissed.
In papers filed last week, attorneys for District Attorney Mike Nifong added to their argument that the players' attorneys received a report and its underlying data on DNA testing well before any trial.
"That Nifong disclosed both the report and the underlying data later than the Duke defendants would have preferred does not turn Nifong's disclosure, or failure to make what the defendants would consider timely disclosure, into a constitutional violation," they wrote.
The N.C. State Bar has accused Nifong of breaking several rules of professional conduct. Attorneys for Nifong have argued their client did not intentionally withhold DNA evidence favorable to the players.
The bar's charge that he withheld evidence from the defense is the most serious faced by the veteran prosecutor, who could be disbarred if convicted.
In a response also filed last week, the bar's attorneys said Nifong was asking the disciplinary hearing commission "to undertake statutory construction, interpretation of case law and semantic hair-splitting."
Nifong turned the case over to state prosecutors in January after the bar charged him with ethics violations. Rape charges have been dropped, but the three players still face sexual offense and kidnapping charges from the March 2006 party.
I won't argue that it's right, but defense attorneys are allowed far more latitude, than prosecutors.
One reason is that it is a defense attorney's job to get the best result for their client, while the prosecutor is employed by the people, and is supposed to seek the truth and a just verdict.
Another reason is that the prosecutor has the force of government available to ruin people's lives (as Nifong has so aptly demonstrated).
Actually a rape could have occurred but not by the lacrosse players.
Only half the DNA analysis has been made public. Bill O'Reilly said that there was evidence of seven different men in her. Maybe when the full analysis is public there will be evidence of more than ten men. Maybe she was gang raped - but not by those who are accused.
"The former prosecutor in the Duke lacrosse sexual assault case didn't violate the constitutional rights of the three charged players,..."
But it sure wasn't for lack of trying. That, Mr. Nifong, is the rub.
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