Updated - today's items:
The Nifong Response [see comments]— Broadly speaking, the Bar had made three charges against Mike Nifong... Nifong’s defenses—offered both in a just-released letter by the defendant himself, dated December 28, and in a memorandum of law submitted yesterday by his two attorneys—are, to put it mildly, unconvincing. Moreover, it appears as if in the response, Nifong inadvertendly disclosed that he violated another provision of the bar's ethics code.
Intermingled in these responses is the damning paragraph 212,...This statement is an admission that Nifong violated Rule 3.8, whose comment 1 affirms that “a prosecutor has the responsibility of a minister of justice and not simply that of an advocate; the prosecutor’s duty is to seek justice, not merely to convict.” ...
The thesis of this filing: Nifong did nothing wrong, and if he gets the chance to engage in massive prosecutorial misconduct in the future, he’ll seize it. This is a man unethical to his core.
N&O: Letter from Mike Nifong to NC State Bar, Dec. 28, 2006 [.pdf, 7 pages]
N&O: Nifong's response to Bar charges - Motion to Dismiss & Answer, Feb. 28, 2007 [.pdf, 49 pages]
TheSmokingGun.com: The NC State Bar v. Michael B. Nifong, defendant: Complaint, filed Dec. 28, 2006 [17 pages]
WRAL: Amended Bar Complaint, State Bar v. Michael B. Nifong, filed Jan 24th (33 pages)
N&O: Amended complaint against Nifong (PDF 1.4 MB)
KC Johnson: Nifong Targets FODU! [Friends of Duke University]
Betsy Newmark, Betsy's Page blog: Nifong's excuse making
Jon Ham, Right Angles blog: Nifong: Unethical and Incompetent
David Lat, AboveTheLaw.com: Mike Nifong's Response: 'I Didn't Mean To'
Michael Gaynor: The amazing defense of the reprehensible and indefensible Nifong
John in Carolina: Conspiracy "solo auditions" - concerning Nifong’s filing... ”Of note is that this defense is the first time that Nifong has clearly signaled that he's going to throw Gottlieb and Himan under the bus--after all, anything that went wrong (if anything did) is wholly their fault...
LieStoppers forum: January 16th letter? - Just got off the phone with Joe Neff. The 12/28 letter was in response to the original grievance which wasn't public at the time. The public complaint by the Bar wasn't until 12/27 which triggered the public phase of the bar proceedings. At least that's how he explained it to me. One other point Joe said Nifong's 1/16 letter said he WAS at the 4/10 meeting. Do we have the 1/16 letter?
LieStoppers forum: December 28th Letter - this letter was in the response...it deserves it's own thread..
TalkLeft: Nifong's Response - Dec. 28th
LieStoppers forum: Nifong responds, Not intentional
Free Republic: Lawyers: Duke Lacrosse DA Heeded Ethics
TalkLeft: Nifong Response to State Bar Complaint
Bizarre Denial — Perhaps the most bizarre denial in Mike Nifong’s, “I didn’t do it but if I did I didn’t mean it,” response to the multitudinous ethics charges filed against him was his unbelievable assertion that he did not recall meeting with co-conspirator Dr. Brian Meehan on April 10. Despite sworn testimony from Dr. Meehan that this meeting occurred, and in contradiction to Durham Police Investigators Mark Gottlieb and Ben Himan, both of whom documented the date of the meeting, Defendant Nifong apparently regresses to fourth grade, telling the Bar that, although he knows they say he was there, he doesn’t recall the meeting, so they should pretend it didn’t happen....
John in Carolina:
For Nifong: Tough Times Ahead — Can you imagine what Nifong’s attorney’s are going to have to prepare to respond to once we learn a more about some critical things that haven’t yet been investigated? For instance, during their auto trip from Durham to Burlington where they met with Brian Meehan , what did Nifong, Gottlieb and Himan talk about?
comment by Bill Anderson: What we see is a continuation of the dishonesty, and even more proof that the charges against the three young men are bogus. Nifong lied before filing charges, he lied afterward, he lied to the bar, and now he lies in his response to the bar accusing him of lying. That, my friend, is a pattern of deceit that is unmatched!
Timely Disclosure — It would appear that Nifong’s motion to dismiss a portion of the charges is little more than a sleight of hand ruse designed to distract from his failure to comply with the Bar’s Rules of Professional Conduct that required him to provide timely disclosure, rather than employ gamesmanship requiring the defendants to attempt to ferret out what he was hiding...
Why Were They Tested? — Included in his formal response to the State Bar complaint as Exhibit I, Nifong’s December response is a bizarre compilation of contradictions. Most comical is Nifong’s attempt to defend his withholding of evidence as a privacy concern for the un-indicted players, whom he appears to describe as not “in any way implicated in the assault” after stating that he viewed the DNA testing as an opportunity to corroborate or refute the validity of three suspects “identified” by his mind’s eye witness...
Joan Foster, LS: North Carolina Justice Has to Show Its Hand! -
Covering Mikey's derriere?
What IS Carolina justice?
What IS tolerated there?
We know all we need of Mike.
But is he the State Bar's wayward son?
Is he a Carolina Outcast?
Or is this the way
THEY LIKE IT DONE
LieStoppers: Baldo Checking His Notes (humor)
NIFONG'S VERSION OF THE "ORPHAN" DEFENSE — Man kills his mother and father, then asks the court for Mercy because he's an orphan. Nifong has filed papers that create the civil version of that cheeky defense.
Loosely translated, his first position is that the complaint must be dismissed because he can't possibly have deprived the defendants of due process in that the process isn't over yet and it might be cured by the good efforts of others. To say the same thing another way, even accepting that he has done everything of which he is accused, he didn't screw up the trial of the defendants because the trial hasn't taken place yet...
Anne Blythe and Benjamin Niolet, News & Observer:
Nifong says he meant no harm — The district attorney defends his conduct in the Duke lacrosse case - A letter Nifong wrote to the bar Dec. 28 was included as an exhibit in the filing. In it, the prosecutor said that if the state had not provided 1,844 pages of DNA test results and notes, the defense would not have known about DNA results favorable to the accused.
"In other words," Nifong wrote to the bar, "their complaint can be summed up as 'We know they did not give it to us because they gave it to us.' ...
Nifong says he spoke to reporters because he wanted to encourage witnesses to come forward, and because he wanted to reassure the public that the case was being investigated. He denied that he was trying to heighten public condemnation of the accused or prejudice the case against the lacrosse team.
Nifong's attorneys wrote that he was making his comments before a specific person had been accused. Metzloff pointed out that Durham police called the entire Duke University lacrosse team in for DNA testing, thereby identifying the players as suspects.
"All members of that team suffered potential media scrutiny and suffered the kind of injury that the rule is meant to prevent," Metzloff said. Nifong's response that he meant no harm could be more important for determining a punishment, Metzloff said...
"I'm struck by what he doesn't deny," said Thomas Metzloff, a Duke University law professor who teaches ethics... The State Bar is concerned with Nifong's candor to the court, Metzloff said.
"This is not a motion by the defendants where the argument, 'Hey, you got it all now, it'll be a fair trial,' makes any difference," Metzloff said. "This is a very different type of case. This is now the State Bar saying, 'You did not provide the information you should have provided the way you should have provided it.' " ...
John Stevenson, Herald-Sun:
Nifong: Mistakes not intentional — Durham District Attorney Mike Nifong filed his long-awaited response Wednesday to the N.C. State Bar charges he faces -- admitting he failed to anticipate the consequences of publicity spiraling from the Duke lacrosse case but contending he didn't intentionally violate rules of professional conduct and asking the bar to dismiss the allegations against him.
If rules were broken, it was by accident and not the result of "dishonest or selfish motive," Nifong said through two Winston-Salem lawyers. Such was the crux of Nifong's 291-paragraph reply to accusations that he illegally withheld DNA evidence favorable to the three defendants in the lacrosse case and then lied about it, and made unethical media comments as the case unfolded last spring.
Those comments included a suggestion that some Duke lacrosse players were "hooligans" who were racially motivated to attack an exotic dancer at an off-campus party. A hearing on the allegations against Nifong is set for June. He could be cleared, get a warning letter or be disbarred....
The Duke Chronicle:
DA Nifong stands up to N.C. Bar
Many skeptical of CCI proposals
An honest report on Duke culture — It bravely addresses the disparity between Duke's lofty ideals and the day-to-day reality ... It's an excellent place for a discussion to begin ... We hope the ensuing discussion on these recommendations will be as bold as the report itself.
KC Johnson: The H-S Keeps to the Party Line — the H-S editorial page acts as if it is intellectually frozen in time on or about April 6, unable or unwilling to process anything that occurred after that date. The rest of the world, however, has moved on.
Malcom A. Glenn, Harvard Crimson/CSTV.com:
Accused Duke Star May Transfer — Almost a year after allegations of sexual assault against three former Blue Devil lacrosse players rocked the Duke campus and forced the school to cancel the team's 2006 season, Harvard men's lacrosse coach Scott Anderson has confirmed that one of the accused former players has expressed interest in coming to Harvard. . .
At Harvard, most have welcomed the idea of Seligmann wearing Crimson.
"I've met him a couple of times because he's from New Jersey too," senior co-captain John Henry Flood said. "He's a great person and he's definitely a great lacrosse player. If the case turns out to be dropped, he'd be a great addition to the Harvard lacrosse team as a person and a player." . . .
Receiving threats, activist protest use of Crystal's name — I received the following email today. My reply is below it.
"andrea d. green"
wrote: Dr. Anderson,
???Ouch??? is indeed the word. I am horrified and deeply offended by seeing the name of alleged victim of the Duke Lacrosse issue in print on your site. While I realize that your commentary was published nearly two months ago, only today did I discover your web site and read the contents of #165. My area is philosophy, moral development in particular, but I intend to research every law in NC and MD that (will) silence(s) your misogynistic human rights breach. I am *hoping* that you will take this site down or remove the woman???s name. If not, however, I can assure you this will not be the last you will hear from me and the relevant and necessary authorities.
Andrea Green, Ph.D. (Candidate)
Josh Perlin, Sun Assistant Sports Editor, Cornell Sun:
Seligmann Not Worth Hassle — Reade Seligmann may be on his way to the Ivy League. According to reports by the Associated Press and The Brown Daily Herald, Seligmann is being recruited by Brown to play lacrosse despite his pending legal matters. Seligmann is one of three former Duke men’s lacrosse players facing sexual offense and kidnapping charges due to alleged conduct with a stripper at an off-campus party last March.
“I feel like, until they work things out, it might be a little bit early to tell whether or not the recruiting process should or should not be justified. But, for us, he is innocent until he is proven guilty,” said Cornell men’s lacrosse coach Jeff Tambroni. “This family — the Duke lacrosse family and the Seligmann family — has endured a lot of prejudgment. I’m sure they’re very aware of what they did was wrong, in terms of having a party, but in regards to the accusations that were made, nothing has been justified.”
The Duke lacrosse scandal, brought to the Ivy League? Recruiting an athlete indicted on charges of sexual offense and kidnapping, involved in the highest-profile sports scandal of the past year, appears to show a lack of judgment by Brown, and perhaps the Ivy League. Reade Seligmann may be innocent — for all we know, he may be a great person to build a program around — but is one athlete really worth all of that trouble that could follow him?...
What would have happened if Reade came to Cornell? The team, the University, collegiate lacrosse — anything and everything at Cornell — would have been under incredible scrutiny from the media and the public. I would hope that coaches and universities across the Ancient Eight would seen this potential and decide it’s not worth recruiting him...
coward - One who shows ignoble fear in the face of danger or pain.
see: Josh Perlin
LieStoppers forum: Proof of Actual Damages, Seligman not worth the hassle
comment: It's okay for a former Afghanistan Taliban leader to attend an Ivy League school, but not an innocent Duke lacrosse player? Apparently, you have to draw the line somewhere.
Yale University: Taliban Yes; US Military No — On February 26, the New York Times Magazine reported that Yale admitted Sayed Rahmatullah Hashemi, the Deputy Foreign Secretary of the Taliban, into a non-degree program, with a chance to gain full degree status by 2006.
"In some ways I'm the luckiest person in the world," Hashemi told the Times. "I could have ended up in Guantanamo Bay. Instead I ended up at Yale."
Wikipedia: Sayed Rahmatullah Hashemi
Just Saying, Is All...Root, Root, Root for the Rape Charge [see comments] - Hail the pillaging heroes, right Bubba? Selective perception’s a slippery fish. On Saturday, the 2007 Duke lacrosse team opened its season against Dartmouth, and 6,485 fans showed up at Koskinen Stadium in Durham. 6,485 wildly supportive fans. 6,485 wildly supportive fans who saw, in the end, only and entirely that which they wanted to see.
Thank goodness no one was fool enough to look too hard.
Thank goodness, Bubba, because there’s nothing worse than a buzzkill. Saturday was a bona fide happening in Durham, and the local gentry turned out in spades: with their pastels and their popped collars, with their pert pep and polished hauteur. It was a day of celebration, all told, and so yes thank goodness no one was fool enough to spoil it with anything so trivial as rational objectivity...
wanker - "one who wanks"..."jerk"... In particular, it may connote a self-obsessed, show-off person (usually male)
see: Ryan Alberti
TalkLeft: Root, Root, Root for the Rapists? - Unfortunately there will always be sick little morons like that who want to believe their version of reality. No matter what happens they will believe the boys are guilty and nothing will convince them otherwise....