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N.C. judge overturns Darryl Howard conviction, finds (more) prosecutor misconduct by Mike Nifong
The Washington Post ^ | May 27, 2014 | Radley Balko

Posted on 05/27/2014 12:06:41 PM PDT by abb

In March, I posted a long report on the Darryl Howard case. There’s a lot to this story, but here’s a quick and dirty summary: Howard was convicted in 1995 for murdering a woman and her 13-year-old daughter in a Durham public housing complex. Despite evidence that both women had been sexually assaulted, there was no physical evidence linking Howard to the crime scene. In post-conviction, Howard’s attorneys discovered a police memo describing a tip indicating that the murders were the work of a gang called the New York Boys. The tip seemed particularly reliable because it referred to the fact that the women had been raped, a piece of information that wasn’t public.

The memo was found in both the police file and the file of District Attorney Mike Nifong. But there’s no evidence it was ever turned over to the defense. When DNA testing of sperm found in the daughter excluded Howard, Nifong proceeded with the case as if the sexual assaults weren’t part of the crime.

In an opinion released today, North Carolina Superior Court Judge Orlando Hudson overturned Howard’s conviction. Hudson’s decision finds for the defense on every major claim. It’s a resounding repudiation of the way Nifong handled Howard’s trial.

snip

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


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: duke; dukelax; durham; nifong
This just in.
1 posted on 05/27/2014 12:06:41 PM PDT by abb
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To: abner; Alia; beyondashadow; Bitter Bierce; bjc; Bogeygolfer; BossLady; Brytani; bwteim; Carling; ..

ping


2 posted on 05/27/2014 12:07:57 PM PDT by abb
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To: abb

Mike Nifong isn’t that the same attorney who wrongfully prosecuted the Duke Lacrosse case


3 posted on 05/27/2014 12:10:15 PM PDT by DannyTN
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To: abb

Once a d*ck, always a d*ck I guess. Send Nifong to prison for at least as long as this guy served for a crime he didn’t commit.

CC


4 posted on 05/27/2014 12:10:37 PM PDT by Celtic Conservative (tease not the dragon for thou art crunchy when roasted and taste good with ketchup)
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To: DannyTN

The very same.


5 posted on 05/27/2014 12:10:52 PM PDT by abb
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To: abb

Why Nifong hasn’t been discovered hanging from a light pole is beyond me. This is about the 4th or 5th story of his evil malfeasance.


6 posted on 05/27/2014 12:11:27 PM PDT by DCBryan1 (No realli, moose bytes can be quite nasti!! (Keeper of the Sick Individuals pinglist))
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To: abb

They go for ‘the win’ and not the truth, oftentimes.

That is becoming more and more apparent.

When they suppress evidence that could vindicate someone, they should be forced to serve triple the maximum mandatory sentencing, if imprisonment.

A grand jury should indict.

That will end much of this nonsense very quickly.


7 posted on 05/27/2014 12:11:29 PM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: abb

Why are not disbarments in these cases automatic?

if a capital case is overturned for misconduct that should be automatic disbarment. It should mean ALL cases involving the cops and prosecutors participating should be subject to automatic appeal.


8 posted on 05/27/2014 12:11:45 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: abb

Too many prosecutors are willing to imprison the wrong person just to pad their record. Nifong is one of the worst.


9 posted on 05/27/2014 12:12:57 PM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: abb

That piece of shit should be spending the rest of his life behind bars... hopefully with some of those he convicted


10 posted on 05/27/2014 12:15:25 PM PDT by Mr. K (If you like your constitution, you can keep it...Period. PALIN/CRUZ 2016)
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To: abb

I wonder if this particular case may be one that Nifong was referring to when he talked about winning a conviction for the Duke lacrosse case the “old fashioned way.”


11 posted on 05/27/2014 12:15:35 PM PDT by FamiliarFace
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To: abb

Nifong is truly evil.


12 posted on 05/27/2014 12:15:38 PM PDT by tioga (WFTD...be there or be square.)
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To: abb

Nifong is an evil man, and I reserve that for special cases like Hitler.


13 posted on 05/27/2014 12:20:52 PM PDT by cuban leaf
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To: DCBryan1

On the other hand, why hasn’t Holder hired him for the DOJ.


14 posted on 05/27/2014 12:40:55 PM PDT by JimSEA
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To: abb

Link to court decision.

http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2014/05/27/Editorial-Opinion/Graphics/2014-05-27_balko.pdf


15 posted on 05/27/2014 12:46:01 PM PDT by abb
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To: abb

What is Nifong doing these days? Volunteering at soup kitchens, or something else?


16 posted on 05/27/2014 12:46:29 PM PDT by centurion316
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To: longtermmemmory

In addition to the prosecuting attorneys being disbarred, prosecuted and sent to jail, the police should also be held accountable in such cases. Every officer involved in the cover-up should be fired with prejudice, his name sent to every force on the continent in a “do not hire ever” list.


17 posted on 05/27/2014 12:51:05 PM PDT by Don W (Know what you WANT. Know what you NEED. Know the DIFFERENCE!)
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To: longtermmemmory

IIRC, he was disbarred...........................


18 posted on 05/27/2014 12:54:18 PM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: abb; centurion316

I think he was formulating his plan to re-apply for his law license...

He probably thought he could get it back.

Cohan’s book was likely part of that plan.

It seems like their train has been derailed...


19 posted on 05/27/2014 1:05:11 PM PDT by ltc8k6
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To: ltc8k6

Yes to all...


20 posted on 05/27/2014 1:07:06 PM PDT by abb
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To: longtermmemmory

Under the Law of Moses a person who testified falsely to get someone else convicted of a crime was subject to the same penalty that he tried to inflict on someone else.

IMO a prosecutor who conspires to conceal evidence should be himself prosecuted for, at minimum, tampering with evidence.

Then make sure everybody at the prison knows why he’s there. Turn him loose in the general population.


21 posted on 05/27/2014 1:08:04 PM PDT by Sherman Logan
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To: Sherman Logan

but would he/she still be a lawyer?

They should be disbarred immediately for this type of “win at any cost”, “everyone is guilty” and “there are no innocent people” attitudes.


22 posted on 05/27/2014 1:13:34 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

I agree disbarment should be automatic. They are “officers of the court,” and in theory seeing justice done is their first duty.


23 posted on 05/27/2014 1:19:29 PM PDT by Sherman Logan
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To: Red Badger

but the investigation was not automatic.

it was dragged out.

he filed bankruptcy and evaded any permanent liability.

DUI judgments are not dischagable.
Fraud judgements are not dischargable in bankruptcy.

There is such a think a emergency disbarment.

The fact this is found YEARS after the fact speaks volumes.


24 posted on 05/27/2014 1:20:36 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

In any case, FWIW, his reputation is ruined for all time...................


25 posted on 05/27/2014 1:29:46 PM PDT by Red Badger (Soon there will be another American Civil War. Will make the first one seem like a Tea Party........)
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To: abb
Why isn't Mike Nifong in prison?
26 posted on 05/27/2014 1:49:04 PM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: abb

Did Nifong win any death penalty convictions?


27 posted on 05/27/2014 2:29:05 PM PDT by Wolfie
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To: Wolfie

Not that I recall. He handled a lot of DWI cases, IIRC.


28 posted on 05/27/2014 2:30:51 PM PDT by abb
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To: abb

There has to be so much more that he did, waiting for discovery!


29 posted on 05/27/2014 2:46:31 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: abb

Someone should look into angela corey of the zimmerman case, I bet they’d find some misconduct by that evil witch too.


30 posted on 05/27/2014 2:49:23 PM PDT by Cubs Fan (liberalism is a cancer that has spread everywhere, even to the republican party)
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To: abb

Again, end sovereign immunity. When will the prosecutions begin?


31 posted on 05/27/2014 2:56:49 PM PDT by 1010RD (First, Do No Harm)
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To: abb

Mike Nifong: Hillary’s Attorney General.


32 posted on 05/27/2014 2:57:37 PM PDT by TBP (Obama lies, Granny dies.)
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To: DCBryan1

He’s from a small town compared to places like LA, NY and Chicago. This stuff is happening all the time.


33 posted on 05/27/2014 2:58:08 PM PDT by 1010RD (First, Do No Harm)
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To: DannyTN

When a prosecutor attempts to convict an innocent man, that results in a loss of confidence for the entire legal system.

There is only one reason that Nifong did not share that note with the defense. It proved the defendant innocent of the crime.

I believe that Nifong was disbarred and spent some time in jail, but prosecutorial misconduct should be a crime with penalties approaching life in prison. The penalties should be harsh enough to dissuade any prosecutor from unfairly tipping the scales of justice in favor of the prosecution.

The current prosecutor needs to hunt ole’ Michael down and say let’s have a look here...


34 posted on 05/27/2014 3:08:59 PM PDT by Delta Dawn (Fluent in two languages: English and cursive.)
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To: All

Even after dna or all kinds of other evidence proves someone guilty every cop and every prosecutor will say “We got the right man.” I despise them all.


35 posted on 05/27/2014 5:05:07 PM PDT by VerySadAmerican
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To: abb

The missing piece here is the jury. This speaks volumes as to why those serving on juries have to be doubly skeptical of the evidence provided to them. Prosecutors lie, cops lie, defendants lie, defense attorneys lie, judges lie, and witnesses lie.


36 posted on 05/27/2014 5:54:18 PM PDT by RKBA Democrat (Relocate and Dominate: freestateproject.org)
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To: Delta Dawn

You are right here in DC I knew a case where someone was Nifonged by prosecutors. Besides poor investigating, they hid exculpatory evidence...in the form of contradictory grand jury testimony by the accuser for over a year, and only released it days before trial to save prosecutors from getting disbarred. Needless to say the defendant was found overwhelmingly not guilty; even to the point where the detectives who worked the case testified for the defendant.


37 posted on 05/27/2014 6:08:30 PM PDT by KC_Conspirator
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To: E. Pluribus Unum

The accuser is in prison now on a murder charge.


38 posted on 05/27/2014 6:15:01 PM PDT by KC_Conspirator
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To: KC_Conspirator

If someone has earned a death penalty and the prosecutor is able to prove it in court, I have no problem with the sentence being carried out.

Having said that, it pi**es me off to no end when an innocent man who was wrongly convicted gets released many years later without an apology from the people responsible for his wrongful conviction.

In our system, no person should ever go to prison who is innocent.


39 posted on 05/27/2014 8:05:13 PM PDT by Delta Dawn (Fluent in two languages: English and cursive.)
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To: FamiliarFace

No. Nifong was referring to winning a rape case the “old fashioned way.”

In this situation he denied the sexual assault aspect of the case because the DNA evidence didn’t match his selected perp. The prosecutorial misconduct here was lying about the rape and suborning perjury by a cop.


40 posted on 05/27/2014 9:02:53 PM PDT by Ready4Freddy
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To: Ready4Freddy

Link to motion for new trial

http://www.innocenceproject.org/docs/Howard_Motion_for_New_Trial.pdf

Exhibits

http://www.innocenceproject.org/docs/Howard_Motion_for_New_Trial_EXHIBITS.pdf


41 posted on 05/28/2014 3:46:49 AM PDT by abb
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