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Another first for Nifong
American Thinker ^ | December 30, 2006 | Clarice Feldman

Posted on 12/31/2006 10:27:36 AM PST by Khankrumthebulgar

Clarice Feldman First the North Carolina Bar Association filed an unprecedented 17 page complaint against Nifong charging him with multiple violations of the rules of ethics. The yesterday yet another precedent against the prosecutor. From Durham in Wonderland:

In yet another extraordinary development, the North Carolina Conference of District Attorneys has issued a public letter to Mike Nifong, demanding that he recuse himself from the lacrosse case:

It is in the interest of justice and the effective administration of criminal justice that Mr. Nifong immediately withdraw and recuse himself from the prosecution of these cases and request the cases be assigned to another prosecutorial authority.

I am unware of any such document, in any state, issued to a district attorney prosecuting a case by his fellow chief prosecutors. The symbolism of this move is obvious: the state's elected District Attorneys have issued a public statement of no confidence in Mike Nifong.

Duke still remains silent.

I haven't the names of all the members of the Board of Visitors, but found this about the seven most recent appointees. If you know them you might want to ask them what they are waiting for?

Thomas C. Clark of New York City and Litchfield County, Conn., Robin A. Ferracone of Los Angeles, Kenneth W. Hubbard of Greenwich, Conn., David M. Rubenstein of Washington, D.C., Robert S. Saunders Jr. of Durham, Alan D. Schwartz of Greenwich, Conn., and Anthony Vitarelli of Marlton, N.J., began their terms on the 37-member governing body on July 1.

"Our new trustees bring valuable experience from the business world and a commitment to Duke University ," Steel said. "As the trustees work with the faculty and the administration to help Duke achieve its aspirations in the university's long-range strategic academic plan, ‘Building on Excellence,' we firmly believe that the counsel and insight of our new trustees will prove invaluable."

Clark, a 1969 graduate of Duke, is division president and managing director of U.S. Trust Company, N.A. He joined U.S. Trust in New York City in 1978 and has held a variety of positions there.

Clark, president-elect of the Duke University Alumni Association, has been active in the banking industry. He was founding chairman of the Private Lending Roundtable of the Risk Management Association and chair of the private banking division of the American Bankers Association. He has served as chair and board member of several not-for-profit organizations in the New York City area and nationally.

While a Duke undergraduate, he was an Angier B. Duke Scholar, a Navy Scholar, a varsity swimmer and president of the Glee Club. Clark has served in many volunteer roles for the university, including as president of the Duke Club of New York .

Ferracone, a 1975 graduate of Duke, is a worldwide partner at Mercer Human Resource Consulting, a wholly owned subsidiary of Marsh & McLennan Companies, Inc. At Mercer, she leads the Human Capital Advisory and Information business. She was formerly the chairman and co-founder of SCA Consulting, which was acquired by Mercer in October 2001.

Ferracone has more than 25 years of consulting experience in such areas as value management, performance measurement, workforce strategies and compensation design. She has authored numerous articles, is quoted frequently by the media and is a frequent presenter for organizations that include The Conference Board and the CFO Business Week Forum. She has testified before the U.S. Congress on presidential compensation.

At Duke, Ferracone has served on the university's Trinity College Board of Visitors since 2001 and was a member of the Regional Campaign Council from 1999-2004.

Hubbard, a 1965 graduate of Duke, is an executive vice president of Hines, an international real estate company. He joined the firm in 1974 in Houston and is responsible for the acquisition, development and management of commercial and mixed-use projects in the northeastern United States .

Hubbard has served Duke in many volunteer leadership roles, including the university's Trinity College Board of Visitors from 1994 to 2000 (chair 1999-2000) and the Arts & Sciences Campaign Committee from 2000-04.

Hubbard is a trustee of the Urban Land Institute, a member of the National Real Estate Advisory Council of the Trust for PublicLand, and a board member of the Preventive Medicine Research Institute. He formerly served as a trustee of the Greenwich Country Day School (1985-1991) and the Loomis Chaffee School (1994-97).

Rubenstein, a 1970 magna cum laude graduate of Duke, is a founding partner and managing director of The Carlyle Group, a global private equity firm.

He served as chief counsel to the U.S. Senate Judiciary Committee's Subcommittee on Constitutional Amendments in 1975-76. From 1977-1981, during the Carter Administration, Rubenstein was deputy assistant to the president for domestic policy. He has also practiced law in New York and Washington , D.C.

Rubenstein is a board member of the Institute for International Economics, Freedom House, Johns Hopkins University , the Cold Spring Harbor Laboratory, the Center for Strategic and International Studies, several performing arts groups, the visiting committee of the Kennedy School of Government at Harvard, the Trilateral Commission, the Council on Foreign Relations and the National Advisory Committee of J.P. Morgan Chase.

Saunders, a 2000 summa cum laude graduate from the College of William and Mary, is pursuing a PhD. in physics at Duke.

At Duke, Saunders has been active in several student activities. He has served two terms as president of the Graduate and Professional Student Council. During his tenure, he sponsored a Graduate and Professional Student Life Task Force to examine the student life issues facing graduate and professional students. He also has focused on student health care, serving on the Student Health Insurance Advisory Committee for five years, participating in the Student Health Advisory Committee, and researching the student health models from other peer institutions.

Saunders is currently finishing his dissertation examining image quality metrology for medical imaging devices. After graduation, he intends to explore a career in science policy.

Schwartz, a 1972 graduate of Duke, is president and co-chief operating officer of The Bear Stearns Companies, Inc., one of the leading worldwide investment banking and securities trading and brokerage firms. He is a member of the firm's executive committee and sits on the board of directors. In addition to his firm-wide responsibilities, including involvement in corporate strategy, Schwartz is the firm's senior investment banker.

At Duke, Schwartz is the former chairman of the Fuqua School of Business's Board of Visitors and serves on its Athletic Advisory Board. He has served on Fuqua's board since 1986.

Active in numerous professional and civic organizations, Schwartz serves on the boards of directors of American Foundation for AIDS Research, St. Vincent's Services, NYU Medical Center , The National Mentoring Partnership, NYC Partnership and Robin Hood Foundation.

Vitarelli graduated summa cum laude from Duke in May with a bachelor of arts degree in public policy and economics. For the past two years, he has served as president of Campus Council, Duke's residential student governance organization. He also co-founded the Duke University Greening Initiative -- an interdisciplinary sustainability advocacy organization that raised more than $300,000 and helped shape Duke's environmental policies.

In 2004, Vitarelli was awarded a Truman Scholarship for his leadership, dedication to public service and academic promise.

Vitarelli will spend this fall working for a small microfinance non-profit organization in Santiago , Chile , that helps entrepreneurs start small businesses. He will then transfer to Washington , D.C. , for the spring to work at the Chilean Embassy. He has deferred admission from Yale Law School and will enroll in the fall of 2006.


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: dukelax; nifong
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1 posted on 12/31/2006 10:27:38 AM PST by Khankrumthebulgar
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To: Khankrumthebulgar
Rubenstein, a 1970 magna cum laude graduate of Duke, is a founding partner and managing director of The Carlyle Group, a global private equity firm.

Hmmmm. Doesn't the Carlyle Group rule the World?

2 posted on 12/31/2006 10:32:02 AM PST by Cowboy Bob (Liberalism in a parasite that ALWAYS kills its host.)
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To: Khankrumthebulgar

When the inevitable docu-drama is made about this sorry affair, it should be shown as a double-feature with "To Kill a Mockingbird".


3 posted on 12/31/2006 10:37:30 AM PST by 230FMJ (...from my cold, dead, fingers.)
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To: 230FMJ; Howlin

I was in your state last week, Howlin. Had occassion to visit on this Nifong stuff with an attorney with reason to know the mind of the NC Bar ethic committee. The discussion was just prior to the Bar's announcement of charges on Nifong. This person was telling me that he hoped that this Nifong fella had another career clearly picked out, 'cause he wasn't going to be in the legal field much longer.


4 posted on 12/31/2006 10:48:28 AM PST by KC Burke (Men of intemperate minds can never be free...their passions forge their fetters.)
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To: 230FMJ
When the inevitable docu-drama is made about this sorry affair, it should be shown as a double-feature with "To Kill a Mockingbird".

Excellent point!! I was the elected prosecutor in my home county for nearly 14 years. From what I have read of Nifong's prosecution of this (alleged) sex assault case violates every protocol for investigating, charging and prosecuting that type of case.

5 posted on 12/31/2006 11:05:24 AM PST by Lawgvr1955 (You can never have too much cowbell !!)
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To: KC Burke
That seems to be the overwhelming opinion in the legal field around here.

Not that any of us have any reason to know the minds of anybody in the NC Bar or the NC Supreme Court (which is the body that will actually issue discipline, if any). It's just that none of us can remember a case quite this egregious. We've all known DAs that pushed the envelope, but this guy tore it up and flung down the pieces and danced on them.

And since it appears that he perjured himself swearing that he had turned over all exculpatory evidence . . . he may have a criminal problem in addition to a disbarment problem.

6 posted on 12/31/2006 11:06:39 AM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Khankrumthebulgar

Seems to me if alledged victim has impeached her own previous statements then Nifong is duty bound to drop the remaining charges. As it stands now, Nifong has no physical evidence, an apparently completely incredible victim. Nifong is committing professional suicide.

It occurs to me that given the number of defendants in this case that if there were any merit in the accusers case then Nifong would have rolled one of the defendants for a get out of jail free card. He hasn't. Tells me that the accusers claims were bogus from the outset. Nifong is either astonishingly gullible or thought he was gonna use this case as a springboard to greater glory.

He has hurled himself over a cliff.


7 posted on 12/31/2006 11:07:53 AM PST by tomcorn
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To: Lawgvr1955
The view from here is about the same. I was never a prosecutor (just a civil litigator), but I've done a good deal of appellate work and rubbed shoulders with a lot of criminal attorneys on both sides of the courtroom.

I've never seen anything like this. It's like Nifong wanted to set some sort of record for rulebreaking.

8 posted on 12/31/2006 11:08:36 AM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: KC Burke

After his testimony that he didn't know anything about the exculpatory DNA report (which he had previously ordered suppressed), Nifong may want to start getting ready for a new career in the field of breaking big rocks into small rocks.


9 posted on 12/31/2006 11:10:24 AM PST by vbmoneyspender
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To: vbmoneyspender
You're thinking about the same little difficulty that I'm thinking about.

Had I ever done such a thing during my time as a courthouse rat, my body would have been buried under the jail.

I'm not sure exactly how he thought he was going to get away with this.

10 posted on 12/31/2006 11:11:37 AM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: AnAmericanMother

Keep talking, we are listening. I wonder if the Deprivation case will go anywhere.


11 posted on 12/31/2006 11:18:41 AM PST by patton (Sanctimony frequently reaps its own reward.)
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To: tomcorn

"thought he was gonna use this case as a springboard to greater glory."

Those days are over now.


12 posted on 12/31/2006 11:19:47 AM PST by Niuhuru
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To: AnAmericanMother
I haven't either seen anything as extreme as Nifong's conduct. Sometimes I wonder if he is mentally ill to have told such blatant lies that were bound to be exposed.

The only case that comes to mind is one that happened long ago I believe in Louisiana where a DA went after a business man trying to convict him for maybe assassinating Kennedy(?). The details are vague - it was long before the Internet.

13 posted on 12/31/2006 11:19:56 AM PST by Dante3
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To: Khankrumthebulgar

The most telling aspect of this almost all of diehard liberals are no longer willing to defend Nifong. There comes a time when the pile of evidence ( or lack of it) gets so small it can no longer sustain denial.

The alledged victim no longer sustains her own victimhood. Not the kind of case you want to take to court.

" Ladies and gentlemen of the jury...this young woman was the victim of of something other than rape, assault, battery or any other known felony but was cruelly maligned by aggravated naughtiness of the defendants. We intend to prove this beyond..."


14 posted on 12/31/2006 11:21:42 AM PST by tomcorn
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To: AnAmericanMother
I've never seen anything like this. It's like Nifong wanted to set some sort of record for rulebreaking.

Some people should simply not have such power placed in their hands. They have a God complex.

When I was a prosecutor I never filed charges unless I was convinced the person committed the crime and that I had admissable evidence to prove to a jury beyond a reasonable doubt that the person was guilty. That is why prosecutors, if they are smart, never put questionable evidence before the grand jury. It matters not if you get an indictment. If the evidence can't be used at trial it won't be heard by the jury and you will lose.

Any prosecutor who does what Nifong is alleged to have done should be charged with some type of obstruction of justice.

15 posted on 12/31/2006 11:21:47 AM PST by Lawgvr1955 (You can never have too much cowbell !!)
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To: AnAmericanMother

I still can't get over the lineup where everyone in it was a Duke Lacrosse player. I mean that is something out of a movie. I don't know how to explain it because what Nifong has done in this case goes beyond mere arrogance. Maybe he's just stupid.


16 posted on 12/31/2006 11:22:49 AM PST by vbmoneyspender
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To: tomcorn
"He has hurled himself over a cliff."

You should Google Mike Nifong.
Some interesting read.
What kind of misjudgment causes a man to totally ruin a career?
Has to be more than winning an election for DA.
This man has not shown any common sense in months. I have never met him and I don't want to, but there must be something reckless about his character.
17 posted on 12/31/2006 11:23:17 AM PST by fabriclady
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To: vbmoneyspender

Pride.....false pride.


18 posted on 12/31/2006 11:25:17 AM PST by Texas Songwriter
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To: AnAmericanMother

He's a 'Rat. From what we see with many hard core liberals blinded by their own brand of reverse racism, this was a play to the black community.

Liberals are so incoherent that frankly I seriously doubt he gave much thought to the consequences. The allegations were a pre-election gift and he ran with them.

It actually does take some smarts to get through law school and pass the Bar exam but I am continually amazed at how stupid some attorneys are!


19 posted on 12/31/2006 11:27:06 AM PST by GatorGirl
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To: Khankrumthebulgar
I tried imagining this case going to trial. What I could not imagine is Nifong getting through his opening statement to the court/jury without almost everyone in the courtroom cracking up.
20 posted on 12/31/2006 11:27:33 AM PST by Crawdad (Is this thing on?)
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