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Saturday, February 10, 2007

Duke/Nifong Hoax: Day #298

Updated - today's items:

Darryl HuntWilliam L. Anderson:
Darryl Hunt, the NAACP, and the Nature of Evidence — One of the central issues in the Duke Non-Rape, Non-Kidnapping, and Non-Sexual Assault case has been the absence of what some might call "evidence" that demonstrates even minimal contact between the accuser, Crystal Gail Mangum, and the three former Duke student athletes, Reade Seligmann, Collin Finnerty, and David Evans. While the State of North Carolina still insists that these three young men beat and sexually assaulted Mangum, many of us are arguing that evidence should matter. Enablers of the state, however, declare that evidence matters only when they want it to matter.

One of the loudest voices demanding that the three young men go to trial has been the North Carolina NAACP. In an earlier article, I likened what the NAACP has done in this case to what occurred during the Jim Crow era. I had hoped that in the four months since I wrote those words, the North Carolina NAACP would be willing to look at the exculpatory evidence and see that this case truly is a hoax.

Instead, the NAACP has become even more shrill in its rhetoric. For example, even though the first Duke prosecutor Michael B. Nifong dropped rape charges, the NAACP in its website still insists that the three young men raped Crystal Gail Mangum...

related:
William L. Anderson: The NAACP and Jim Crow Justice
TJN: On the road to DNA exoneration with the NAACP
TJN: R.I.P. NAACP 1909 - 2006
TJN: Has Anyone Here Seen My Old Friend the NAACP?
KC Johnson: More State NAACP Hypocracy
KC Johnson: The State NAACP's Hypocrisy
KC Johnson: Nifong Tarnishes the NAACP
Michael Gaynor: NAACP, apologize!
Michael Gaynor: Too much for NC NAACP
Benjamin Niolet & Anne Blythe, News & Observer:
Judge is asked to remove Nifong — Saying that Mike Nifong's name now means injustice, a political foe of the district attorney asked the courts Friday to remove him from office. But the judge who will hear the case said he would wait for the State Bar to resolve its ethics case against Nifong before taking up the petition filed in Durham County Superior Court.

The filing by Beth Brewer, made under a state law that establishes a procedure for removing a district attorney, accuses the prosecutor of willful misconduct and conduct prejudicial to the administration of justice, which brings the office into disrepute. The accusations focus on Nifong's actions in the Duke University lacrosse sexual assault case.

"I'm looking forward to having the case heard and having the opportunity to have my side told publicly," Nifong told the Associated Press. "I would really hope that everybody would be willing to withhold judgment until that procedure that is already in place had been given an opportunity to work." ...

related:
LieStoppers: Irony or Simpy BS
John in Carolina: A Liestoppers post worth stealing?
John in Carolina: WRAL: Judge Will Stay Complaint Against Nifong
John in Carolina: Citizen to Court: “Remove Nifong”

N&O: In the Matter of District Attorney Michael B. Nifong - Affidavit of Elizabeth M. Brewer §7A-66 [.pdf 14 pages/2.7 MB] - GROUNDS FOR SUSPENSION

According to N.C. statute 7A-66, the following are grounds for suspension of a district attorney or for his removal from office:

  • Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent;
  • Willful misconduct in office;
  • Willful and persistent failure to perform duties;
  • Habitual intemperance;
  • Conviction of a crime involving moral turpitude;
  • Conduct prejudicial to the administration of justice that brings the office into disrepute; or
  • Knowingly authorizing or permitting an assistant district attorney to commit any act constituting grounds for removal.
KC Johnson:
ATAF and character - One of the lesser covered aspects of this story is how the other 44 players on the 2006 team have reacted. They could have lashed out intemperately at their (myriad) over-the-top critics. Or they could have turned inward, relieved that they weren’t chosen in the “Russian Roulette” lineup, and simply gone on with their lives.Most have taken neither course.

On campus, lacrosse players joined dozens of their fellow undergraduates in the Duke Students for an Ethical Durham effort, which sought to increase voter registration for the November election. In the classroom, the team had a collective GPA of 3.45 in the fall semester...Most of the graduated seniors, meanwhile, have remained engaged with events in Durham...
related:
LieStoppers forum: Something that struck very early in the hoax — What I find most insidious about this episode and the reason I figured it was a hoax from the start is that there were a whole bunch of fellows at the party. I just could not believe out of all of them there wouldn't have been at least one decent soul who would come forward, if there had been a rape, and done the right thing - rat out the rapists. In order to have bought the hoax, lock, stock, and barrel, like Brodhead and the gang of 88 apparently did, in addition to believing that 3 young men would brutally gang rape a women in front of 30 witnesses, but that none of the witnesses would come forward...

MomToThree: Brodhead, too, could have spent some quality time questioning the captains, and any other team members he wanted to talk to, about what happened. At the very least, we know that the captains did tell him that there was no sex and no assault of any kind with this woman. We presume they were looking Brodhead in the eye when they told him this.

Why was he willing to believe that his students - whom in other context he's quick to describe as among the finest students in the country, were sociopathic liars? And then when the DNA results supported them, why would he not step forward and start saying everything pointed to their innocence? Would that really have taken so much courage?

That's why I will never understand (or forgive) what Brodhead did...
KC Johnson:
Everett's Odd Arguments — Robinson Everett, a retired judge and Duke law professor, endorsed Mike Nifong in both the primary and the general election. But until recently, Everett had been one of the view voices of reason coming from the Nifong camp. He championed a speedy trial (which the D.A. didn’t support) and also called on Nifong to give the accuser a lie-detector test, a course obviously not pursued.

In recent days, however, Everett has published two unusual defenses of Nifong...
discussion:
TalkLeft: On DNA evidence, did Nifong break the law?
Joan Foster, LieStoppers: Widdle Mikey Nifong
Widdle Mikey Nifong was pouting to the press!
Please withhold your judgment...there's things I must express!
Please withhold your judgment till the evidence is in!
After all, it's ME this time...so different when it's THEM...
Jon Ham, JohnLocke.org/Right Angles blog:
Defending Durham — This is the text of a comment I put on the LieStoppers.com’s forum. The LieStoppers community has been in the forefront of support for the Duke lacrosse players who were indicted by Durham DA Mike Nifong, and its faithful retinue deserves much praise. However, there is a strain of Durham bashing that I finally had to say something about, being a longtime Durhamite and all:
I must say I find the Durham bashing on this forum tedious...
Forum topics of note:
LieStoppers: ESPN BIAS DOCUMENTED... — I have noticed ESPN's biased reporting time after time, after time. I'd love to see the bios on the people running ESPN's operation (and web-site). You will recall, ESPN (a SPORT's network) used an anonymous source that claimed inside knowledge in regard to Crystal's official SANE exam - and ESPN used that source to broadcast that Duke Medical Center had found that Crystal had vaginal and anal injuries.

ESPN analysts have done stories and segments on race-relations in Durham - again, this is a SPORTS NETWORK? ESPN is active in promoting Black History and have done stories on Rosa Parks. This strikes me as odd - and seems tantamount to Hunting channel getting involved on the abortion debate or assigning reporters to cover Barack Obama...
related: ESPN - Opponent wants Nifong removed from office
LieStoppers: Can Judge Hudson stay Beth's complaint? — Can he stay this sort of complaint, when the statute says he MUST act in 30 days?

LieStoppers: Mobster Speculation, ??? — what do you think of this possibility? The Special prosecutor's team drops the Felony charges and refiles one or two misdemeanors - charges that give the State and the Judge more discretion and a lower burden...

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