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Monday, March 19, 2007

Duke/Nifong/Cooper+65 Hoax

Updated - today's items:

WRAL:
State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case — In a legal brief filed Monday, the bar suggests Nifong wants the organization to interpret the law according to his view of it. It also said it doesn't buy Nifong's explanation for withholding DNA evidence and claimed he's twisting words to make his argument fit...

Anne Blythe, News & Observer:
Nifong seeks dismissal of Bar complaint — Durham District Attorney Mike Nifong provided the N.C. State Bar further evidence for why he thinks some of the ethics charges against him should be dismissed.

In documents filed late Friday, Nifong argues that he did not violate the constitutional rights of the three defendants in the Duke lacrosse case when he did not turn over all the DNA evidence...

N&O: Brief opposing Mike Nifong's motion to dismiss State Bar complaint [.pdf, 18 pages]
From at least May 12, 2006 through January 12, 2007, when he recused himself from the prosecution of the criminal cases, Nifong never provided the Duke Defendants a complete report setting forth the results of all examinations and tests conducted by Dr. Meehan or others at DSI, nor did Nifong ever provide the Duke Defendants memorializations of Dr. Meehan's oral statements concerning the results of all examinations and tests conducted by DSI in written, recorded or any other form.

With respect to the conduct described above, the State Bar alleges that Nifong violated the Rules of Professional Conduct in effect at the time by: (a) not providing to the Duke Defendants a complete report setting forth the results of all tests or examinations conducted by DSI, including the potentially exculpatory DNA test results and evidence; and (b) not providing memorializations of Dr. Meehan's oral statements concerning the results of all examinations and tests conducted by DSI in written, recorded or any other form, despite repeated requests by the Duke Defendants and Orders from Court on these subjects...

"Plaintiff [NC State Bar] alleged sufficient facts to show Nifong violated the United State Constitution"
related:
KC Johnson: The Bar's Devastating Response to Nifong — It astutely describes the Nifong memorandum as asking the Bar “to undertake statutory construction, interpretation of case law, and semantic hair-splitting.”

LieStoppers: Battle of the Briefs — On Friday, Defendant Nifong’s attorneys, David Freedman and Dudley Witt, attempted to correct their omission. On behalf of Defendant Nifong, the pair filed of a Brief in support of their initial motion. The Brief specifically aims to address the previously ignored, yet required, ethics rules.

Prof. John F. Banzhaf, GWU/FODU:
Nifong Ethics Defense Shredded by NC Bar Response — Nifong's attempts to defend his clearly indefensible conduct shows that he has learned nothing from these events, and would probably commit the same violations if another suitable occasion arose. Thus his motion strengthens rather than weakens the State Bar's arguments that he should be disbarred...

discussion:
LieStoppers forum: Bar responds to Nifong's 2/28 motion to dismiss - A staggering right cross flush on Nifong's jaw.

FreeRepublic: State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case - "skirt the system"... is a cute journalistic euphemism for circumventing the law.

TalkLeft: NC Bar DHC files Memorandum of Law in Oppostion to Defendant's Motion to Dismiss - A virtual blueprint for the upcoming civil trials. Durham can kiss its bank account goodbye.


William L. Anderson:
Duke and the Death of Academe, Part II: Faculty Members as Mafiosi — as I watch the activities at Duke, I realize that what occurs at the elite universities soon will influence what happens at lower-level institutions like my own. Thus, the Duke meltdown is relevant not only to Duke University, but to academe as well. . .

we see a number of the Duke activists falling into an academic category for which there really is no demand. Many of the "identity studies" did not evolve in the give-and-take of academic discourse over time in the way that the studies of chemistry, physics, history, or literature developed. Instead, many of the departments housing these "studies" groups were formed after colleges received out-and-out threats.

I have received emails from Duke faculty members who clearly were against what other Duke faculty were doing, yet did not speak out publicly. The few who did quickly were shouted down. For example, right after 17 members of the Duke economics department signed a statement saying they welcomed their students and believed that Duke should be willing to support the students who help make their jobs possible, those signees began to receive hostile emails from faculty members from the "identity studies." (I have this information firsthand.)

The basic message is this: Support us, or we will "kneecap" you, academically speaking...
related:
Michael Gustafson, Duke engr. professor, Blog of Convenience:
Campus Chemistry Initiative — I was thinking this morning about how the current Nifong Hoax would have progressed if we at Duke had existed in an alternate universe, one whose precepts were laid out by Professor Steven Baldwin in his October 24th guest column, "The Administration's Mishandling of Lacrosse," in the Chronicle...


Forum topics of note:
LieStoppers: Strange burp in the timeline, What really happened at Durham Access

TalkLeft: Medical Report Discrepancies with Other Reports

FreeRepublic: The "Liberal" Problem - Wanting The Hoax To Be True


Editorial, News & Observer:
Duke's opportunity — The recent report on Duke University's campus environment arrived at some completely obvious conclusions. Undergraduate student life at Duke tends to be cliquish, with white fraternities dominating. An obsession with sports is a central aspect of the culture. So is an alcohol-soaked social scene, which can result in bad decisions on sexuality (casual and forced).

Impressive scholarship occurs at the university, which is considered one of the nation's top schools academically. Still, if some Duke alumni and supporters dismiss the findings as exaggerated and unwarranted, as some have, residents of neighborhoods around the Durham campus who have long put up with students' rowdy, raunchy behavior will have little trouble taking those findings seriously.

LieStoppers:
The Kimmy Factor — one of the worst days for me in this debacle was the day I read the NC NAACP "explanation" of the Hoax events on their website. What an utter unvarnished betrayal of the Dream! It truly sickened me. I could not believe the once revered NAACP would have that screed of lies, excuses, and inaccuracies on its website! That piece stands as the very best definition of biased writing I have seen in a long, long while.
.
The dream, the brotherhood, the community, the village has to be all-inclusive to ever mean anything! It cannot replace one set of "favored folks" with another! Call our children hooligans, or homeboys or whatever we wish...we must not favor yours over mine or over theirs...or we have lost it all!

Hoax Enablers, you've scammed the dream! You've sold it out! ...

John in Carolina:
N&O Editor Is Upset — Raleigh News & Observer managing editor John Drescher is upset because many readers commenting at the N&O’s Editors’ Blog don’t identify themselves...
Dear Editor Drescher:

Why are you telling readers you’re concerned about bloggers’ anonymity?

Last Apr. 2 the N&O had no trouble publishing anonymously the notorious "Vigilante" poster which targeted only white male Duke students who played on the university’s lacrosse team.

You published the poster on your highest circulation day, a Sunday. You made it large (two-columns wide, 7 inches long) and placed it on the most prominent part of the page (top of the page, in the 4th and 5th columns of a six column page). . .

KC Johnson:
March Madness, II — the worst of the case—features the 10 worst “news” articles. . .

A gap separates the top three articles in this bracket, since the three pieces below not only were shabby journalism but also either directly stimulated or kept alive a case that has now been exposed as a fraud. . .
related:
TJN: North Carolina Media - 'Freedom of the Press' Award Winners

comment: Some of the "Freedom of the Press" award winners have been seeded very highly in the March Madness field and they are winning their brackets. North Carolina continues to show that they are a national powerhouse when it comes to shoddy journalism. Here is another chance for them to flash their award winning "reportage."
---------
KC Johnson:
March Madness, I — Today, the ten worst op-eds or editorials of the case. A caveat: I’ve excluded the work of transparent race-baiters such as Barry Saunders of the N&O or Shadee Malaklou of the Chronicle, who seem chiefly interested in provoking controversy through arguments they themselves don't seem to take seriously. . .
related:
Michael Gustafson, Duke engr. professor, Blog of Convenience:
Noblesse Oblige and the SPJ — If only Mr. [Barry] Saunders had done twelve seconds of research, he would have discovered information that might have kept him from making the ridiculous statement above. But he's a columnist, not a journalist, and honestly, I have come to expect nothing more from same. After all, there are those who think there is nothing nobler than making disparaging remarks regarding people about whom the know virtually nothing while delivering a backhanded compliment.

Michael Gaynor:
Good news: dismissal motion; bad news: it's Nifong's — Mr. Nifong's brief in support of HIS motion to dismiss insists that he did not violate the Duke Three's constitutional, statutory and/or court-ordered rights, because there has not been a trial date set, much less a trial. . .

Mr. Nifong further argues that he did not violate discovery rules or a court order, to no avail. . .

It will not be forgotten that both Mr. Nifong and his co-conspirator expert witness (Dr. Brian Meehan) strongly, but unsuccessfully, opposed the defense motion for access to the underlying documentation that led to the exposure of the nefarious agreement.

Mr. Nifong's excuse for not memorializing conversations with Dr. Meehan is likewise unimpressive wishful thinking. . .

John in Carolina:
Duke’s Starn’s Latest Round — Duke University Professor of Cultural Anthropology Orin Starn made his first appearance on the JinC main page when he misrepresented remarks by Duke’s Men’s basketball coach Mike Krzyzewski concerning the racial aspects of the Duke lacrosse case. . .

In the past year, Starn has emerged as a loud, angry and irresponsible critic of Duke athletics in general and the lacrosse players in particular. . .
discussion:
LieStoppers forum: Duke Conference on Tiger Woods, Anti-LAX Starn, Farred, Selena Roberts

LieStoppers:
Citizen Journalist Reports on IWF Forum - On Thursday, the Independent Women’s Forum hosted a discussion exploring the legal, academic, and media conduct that helped fuel the Hoax. Panelists included Stuart Taylor Jr., senior writer and columnist for National Journal magazine, Christina Hoff Sommers, author of Who Stole Feminism? and The War against Boys, and IWF's Allison Kasic, who was featured on the cover of the New York Times Magazine in May 2003 as one of the top student activists in the country. CNN legal analyst Jeffrey Toobin moderated the panel which was titled, "What Went Wrong at Duke?". . .
related:
Michael Gaynor:
Duke case: "Mistakes" ignores the malevolence - At the IWF conference on the Duke case held on March 15, 2006 in Washington, D.C., Stuart Taylor, Jr., America's top legal commentator and a former Princeton rugby player, not only explained how a connection to a player on the team led him to investigate the phony gang rape claim theretofore being treated as gospel by the media, but bluntly described the media treatment of the story as "a disgrace," lamented the media's "complete indifference o the evidence" and named names, including Raleigh New & Observer, Herald-Sun, New York Times, Washington Post, Los Angeles Times, USA Today. That is, the local newspapers in Durham, North Carolina AND America's leading newspapers. . .

The fog was burned away. Crystal and Nifong should be put away.
--------
LiStoppers:
Lara Loves the Hoax - Help us keep Crystal's victim hood ALIVE!
related:
TJN: Duke Lacrosse Scandal: American Victim

ORACULATIONS blog:
AMONG THE "NOT NIFONGED" - The colossal rush to judgment at Duke, the the Durham's DA bias and incompetence, together with the "castrate them" marches led overall by the Duke "Women's Studies" department hooligans is held to a new light in view of the fact that of over 100 rape cases brought to the DA last year only one resulted in conviction...

And where was the vaunted Women's Studies Department in all this? ...

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