Nifong Drops The Rape Charge
Finally. The man has some brains left, but not much. This is the story from Breitbart:
Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges.
According to court papers filed Friday by District Attorney Mike Nifong, the accuser told a prosecution investigator on Thursday that she now does not know if she was penetrated during the alleged attack.
Lacking any "scientific or other evidence independent of the victim's testimony" to corroborate that aspect of the case, Nifong wrote, "the State is unable to meet its burden of proof with respect to this offense."
Nifong did not immediately return calls seeking comment, and a sign posted on his office door read, "No media, please!"
The accuser, a 28-year-old student at North Carolina Central University, has said three men raped her in a bathroom at a March 13 Duke lacrosse team party where she was hired to perform as a stripper.
The indicted players _ Dave Evans, Collin Finnerty and Reade Seligmann _ all say they are innocent, and their attorneys have consistently said no sex occurred at the party.
The defense attorneys have repeatedly cited a lack of DNA evidence in the case as proof of their clients' innocence, while Nifong had said he didn't need DNA evidence to win convictions.
"It's highly coincidental," said defense attorney Joseph Cheshire, that the charges are being dropped a week after the director of a private DNA testing lab acknowledged that he initially, with Nifong's knowledge, withheld from the defense test results showing none of the players' DNA was found on or in the accuser's body.
Testing also showed that genetic material from several males was found on her undergarments and body.
"The reality is, what else could the DA do?" said Stan Goldman, who teaches criminal law, evidence and criminal procedure at Loyola Law School in Los Angeles. "Once the DNA evidence came out last week, I can't imagine how they could sustain a rape charge."
That the accuser had again changed her story hurts Nifong's case on the other charges, as well, Goldman said.
"It strikes me that a case based on this particular complaining witnesses' credibility appears to be in jeopardy," he said.
Defense attorneys have said for months that the woman has told several different versions of the alleged assault, and Seligmann's attorney has said she has given investigators at least a dozen different versions of the alleged attack.
The defense also has argued that the woman misidentified her alleged attackers in a photo lineup and they have asked the judge to prevent the accuser from identifying the players from the witness stand.
Mr. Nifong's case seems to slowly flowing down the toilet. The accuser has againchanged her story, and he had to drop the biggest of the three charges--the same charge he slandered these men with during his campaign. Over at LaShawn Barber's site she has been following this case intently, and states the following:
Nifong violated his professional ethics and procedures and broke several laws, and I believe the case likely will be dismissed before it goes to trial. Why has Nifong gotten away with this? Why isn’t Durham’s legal community outraged and embarrassed by Nifong? Do the black Duke professors who judged the lacrosse players guilty realize the same kind of railroading can (and does) happen to black defendants under Nifong’s watch? Even liberal and feminist Susan Estrich says, “Duke Justice Demands Nifong’s Removal.” I say a lot more in my op-ed, so stay tuned.
As I stated yesterday, it is lawyers like Mr. Nifong that give entire profession a bad name. From "rogue prosecutors" to ambulance chasers, lawyers are vilified for their contemptible behavior. For the majority of the profession, we're all business; constrained by our ethics and the law to do our jobs to the best of our ability. Mr. Nifong is not doing his job to the best of his abilities. He is undermining the system of justice that has stood since the birth of this nation. He has openly violated the rights of the defendents to have all the evidence against them laid out, and should such evidence clear them of a charge, Mr. Nifong conspired to suppress it. In addition, instead of acting in a non-partisan way in front of the public, he has slandered the men involved in this case; a political talking point for his reelection bid.
I can see no reason why he hasn't been removed from office, and disbarrred, other than the fact that the NC Ag's office doesn't want to get involved, and neither, apparently, does the governor. And that is the most damnable part about this. By their own refusal to get involved, they are just as culpable as Mr. Nifong. These three men, even if found not guilty, will never get their reputations back.
Sabrina McKinney
Finally. The man has some brains left, but not much. This is the story from Breitbart:
Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges.
According to court papers filed Friday by District Attorney Mike Nifong, the accuser told a prosecution investigator on Thursday that she now does not know if she was penetrated during the alleged attack.
Lacking any "scientific or other evidence independent of the victim's testimony" to corroborate that aspect of the case, Nifong wrote, "the State is unable to meet its burden of proof with respect to this offense."
Nifong did not immediately return calls seeking comment, and a sign posted on his office door read, "No media, please!"
The accuser, a 28-year-old student at North Carolina Central University, has said three men raped her in a bathroom at a March 13 Duke lacrosse team party where she was hired to perform as a stripper.
The indicted players _ Dave Evans, Collin Finnerty and Reade Seligmann _ all say they are innocent, and their attorneys have consistently said no sex occurred at the party.
The defense attorneys have repeatedly cited a lack of DNA evidence in the case as proof of their clients' innocence, while Nifong had said he didn't need DNA evidence to win convictions.
"It's highly coincidental," said defense attorney Joseph Cheshire, that the charges are being dropped a week after the director of a private DNA testing lab acknowledged that he initially, with Nifong's knowledge, withheld from the defense test results showing none of the players' DNA was found on or in the accuser's body.
Testing also showed that genetic material from several males was found on her undergarments and body.
"The reality is, what else could the DA do?" said Stan Goldman, who teaches criminal law, evidence and criminal procedure at Loyola Law School in Los Angeles. "Once the DNA evidence came out last week, I can't imagine how they could sustain a rape charge."
That the accuser had again changed her story hurts Nifong's case on the other charges, as well, Goldman said.
"It strikes me that a case based on this particular complaining witnesses' credibility appears to be in jeopardy," he said.
Defense attorneys have said for months that the woman has told several different versions of the alleged assault, and Seligmann's attorney has said she has given investigators at least a dozen different versions of the alleged attack.
The defense also has argued that the woman misidentified her alleged attackers in a photo lineup and they have asked the judge to prevent the accuser from identifying the players from the witness stand.
Mr. Nifong's case seems to slowly flowing down the toilet. The accuser has againchanged her story, and he had to drop the biggest of the three charges--the same charge he slandered these men with during his campaign. Over at LaShawn Barber's site she has been following this case intently, and states the following:
Nifong violated his professional ethics and procedures and broke several laws, and I believe the case likely will be dismissed before it goes to trial. Why has Nifong gotten away with this? Why isn’t Durham’s legal community outraged and embarrassed by Nifong? Do the black Duke professors who judged the lacrosse players guilty realize the same kind of railroading can (and does) happen to black defendants under Nifong’s watch? Even liberal and feminist Susan Estrich says, “Duke Justice Demands Nifong’s Removal.” I say a lot more in my op-ed, so stay tuned.
As I stated yesterday, it is lawyers like Mr. Nifong that give entire profession a bad name. From "rogue prosecutors" to ambulance chasers, lawyers are vilified for their contemptible behavior. For the majority of the profession, we're all business; constrained by our ethics and the law to do our jobs to the best of our ability. Mr. Nifong is not doing his job to the best of his abilities. He is undermining the system of justice that has stood since the birth of this nation. He has openly violated the rights of the defendents to have all the evidence against them laid out, and should such evidence clear them of a charge, Mr. Nifong conspired to suppress it. In addition, instead of acting in a non-partisan way in front of the public, he has slandered the men involved in this case; a political talking point for his reelection bid.
I can see no reason why he hasn't been removed from office, and disbarrred, other than the fact that the NC Ag's office doesn't want to get involved, and neither, apparently, does the governor. And that is the most damnable part about this. By their own refusal to get involved, they are just as culpable as Mr. Nifong. These three men, even if found not guilty, will never get their reputations back.
Sabrina McKinney
posted by Syd And Vaughn | 11:44 AM
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