By now, I think I may be the only "expert" commentator who has not given up completely on the prosecution in the Duke rape case.
Even my friend Greta, who tends to be the fairest of the fair, albeit a former defense lawyer, is shaking her head in disgust.
The prosecutor has totally lost the public trial...
this is one of those cases where the public prosecutor needs to step aside and bring in a private attorney as a special prosecutor. There simply must be a fancy lawyer or law firm in North Carolina that has not been involved in this case to date, and would agree to take it on, devote the resources necessary, match the defense in every way, and give the accuser and the people the same high quality representation that the defense will receive.
Ms. Estrich is living in bubble that's got some funny smoke circulating through it. Her commentary is a total pipe dream. What private law firm wants to put their reputation on the line to bail out Mike Nifong? Just imagine the partners meeting.
Additionally, Ms. Estrich hasn't considered Mr. Nifong's ego and the ulterior motive at work here, probably revenge. Nifong will see this case to the bitter end himself. At this point he probably knows he doesn't have a case and his goal is simply to drag Duke through as much mud as he can and pray for a "Hail Mary" verdict.
He technically gets to start the case all over again once a jury is selected. He'll take a mulligan on the pre-trial case, which he's lost. Nifong's only hope is a super friendly, biased jury. He's banking on a mostly black Durham jury to give him a reverse-OJ verdict, based on the weeping testimony of his chief
The legal system is not always about justice. It's run by human beings and therefore it is flawed. This case is looking like it will be a legal long march.
Needed: A Special Prosecutor for the Duke Rape Case [Susan Estrich | FoxNews.com, June 4, 2006]