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Friday, August 31, 2007

Nifong Contempt Hearing — Day 2

Today's items — updated:

KC Johnson:

  • Morning in Wonderland -- Even in the Wonderland that is Durham, this morning’s session was surreal.

    A sitting judge served as a de facto character witness for a district attorney who was forced to resign his office after being disbarred.

    A sitting ADA testified as the Durham equivalent of Sgt. Schultz, suggesting that he “knew nothing”—or at least as close to nothing as absolutely possible—about how the case was prosecuted...

  • Morning Session II -- Nifong testimony...

  • Morning Session I--Meehan: Nifong Statement to Court "False"--The morning session resumed with Dr. Brian Meehan returning to the stand...

  • Avoiding the Issue -- Nifong attorney Jim Glover might be seeking to seize from Dr. Brian Meehan the title of “Mr. Obfuscation.” In an entire day of questioning and arguments yesterday, Glover never once specifically referenced Nifong’s remarks in the September 22 court session, for which he’s on trial...
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Mike Nifong (ctr), wife Cy Gurne Gurney (left), attorny Ann Peterson (rt)--------

Anne Blythe and Joseph Neff, News & Observer:
Jim Glover (ctr l) and Ann Petersen (ctr r), Judge W. Osmond Smith III, (2nd fm rt), prosecutors Charles Davis (r) and Boyd Sturges III (l)Nifong might testify today on charge -- The former Durham DA could defend himself against a judge's charge that he lied to the court -- Mike Nifong, who has raised more questions than he has answered about his zeal to prosecute the Duke lacrosse case, could take the stand today in the criminal contempt case against him.

The disbarred former district attorney pleaded not guilty on Thursday to Judge W. Osmond Smith III's charge that he lied in court.

Smith's accusation focuses narrowly on an oral exchange between Nifong and the judge during a court hearing last September.

But Thursday's hearing meandered as Jim Glover, the Chapel Hill lawyer representing Nifong, went on at length about the intricacies of DNA testing and the procedural history of the Duke lacrosse case.

Nifong's defense is similar to the unsuccessful one he mounted before a State Bar disciplinary panel in June. [...]
---------
Nifong attorneys - Ann Petersen (second from right) and Jim Glover (right)William West, Herald-Sun
[registration required]
DNA expert denies lacrosse case scheme -- A DNA expert in the Duke lacrosse case on Thursday claimed he didn't engage in any scheme with since-disbarred Durham District Attorney Mike Nifong to hide information that would have helped the defense.

Brian Meehan, director of the Burlington testing lab DNA Security, was testifying in a contempt of court hearing against Nifong that opened Thursday. Nifong is accused of misrepresenting to the court in September 2006 that all evidence, including all DNA evidence, had been turned over to the lacrosse players' defense team.

Superior Court Judge Osmond Smith is presiding in Nifong's contempt case. The hearing resumes at 9:30 this morning. Nifong has pleaded not guilty.

Moments after testifying Thursday afternoon, Meehan told reporters that Nifong "never indicated or said anything or suggested anything to me to withhold any information from the report" he prepared for the then-prosecutor after meetings with Nifong and two Durham police investigators in the spring of 2006.
related:
Herald-Sun:
Nifong hearing arguments get heated
--------
KC Johnson:
Hearing Highlights -- Nifong attorney Jim Glover had no discernible defense strategy, instead changing arguments on the fly and without warning, often in ways that contradicted his previous remarks.

During the day, Glover pursued at least seven separate approaches to the Nifong defense: [...]

The highlight of the day—as in the Bar proceedings—came from Brad Bannon. Bannon eviscerated Glover’s claim that the multiple male DNA found by Meehan was “not significantly exculpatory.” Bannon responded, “That’s absolutely false.” He then paused before adding, “And you know it.” [...]
discussion:
LieStoppers forum: What's your take?, On Thursday's proceedings
--------
Saint Raymond NonnatusLieStoppers blog:
Feast day of St. Raymond Nonnatus -- Whether one believes in the saints and religion is a personal matter. However, the irony that the last day of Mike Nifong’s criminal contempt of court hearing falls on Saint Raymond Nonnatus' Feast Day is fitting. Saint Raymond is Patron Saint of the Falsely Accused. . .
---------
John in Carolina:

Thursday, August 30, 2007

Nifong Contempt Hearing — Day 1

Today's items — updated:

Mike Nifong at Aug 30th contempt hearingAP/ABC11-TV:
Defense: Nifong Didn't Intentionally Try to Mislead Court [video] -- The former prosecutor who led the now-discredited Duke lacrosse rape case never intentionally tried to mislead the court and believed he gave all DNA test results to defense attorneys, a lawyer for Mike Nifong said Thursday during his criminal contempt trial. [...]

"The question is not whether those statements Mr. Nifong made are literally true or literally false," Glover told Superior Court Judge W. Osmond Smith III. "The question is were they willfully and intentionally false and were they also part of an effort ... to hide potentially exculpatory evidence, and that's the issue before the court."

-------
Anne Blythe & Joseph Neff, News & Observer:
Nifong contests contempt charge -- Former Durham District Attorney Mike Nifong began fighting a criminal contempt of court charge today in the same courtroom where he once prosecuted people accused of crimes.

Mike Nifong at Aug 30th contempt hearingNifong, who was stripped of his law license this month, is facing Judge W. Osmond Smith III on the charge, which arose from his handling of the Duke lacrosse case.

The former prosecutor pleaded not guilty this morning. And at the close of prosecution evidence this afternoon, Smith refused Nifong's motion to dismiss the charge.

[...]

The contempt charges are limited to a short exchange during the September hearing, when Smith asked Nifong whether the May 2006 DNA report given to defense lawyers was complete: "So his [Meehan's] report encompasses it all?"

Nifong answered haltingly: "His report encompasses ever -- because we didn't -- they apparently think that everybody I speak to about, I talk about the facts of the case. And that's just, that would be counterproductive. It did not happen here."

The judge pressed for an answer: "So you represent there are no other statements from Dr. Meehan?"

Dr. Brian Meehan, director of DNASINifong responded, "No other statements. No other statements made to me."

Himan testified today that the report did not include everything Meehan had discussed with Nifong and police in April and May.

Meehan has said that he told Nifong several times that tests found DNA from unidentified men on Mangum's body and underwear. Nifong has confirmed Meehan's account in interviews and sworn testimony.
related:
LieStoppers blog: The Return of Mr. Obfuscation
--------
WRAL:
Lawyer: Nifong Never Read DNA Report That He Gave Defense [video] -- Former Duke lacrosse prosecutor Mike Nifong never read a report about DNA evidence in the case before giving it to defense attorneys and, therefore, did not intentionally lie to the court last fall, his attorney argued Thursday. [...]
related:
LieStoppers blog: Nifong Didn't Intentionally Lie, His Attorney Says
--------
KC Johnson:
Afternoon Session -- -- Kathryn Jean is the first witness after lunch.

Appearing under subpoena with the State Bar file dealing with Nifong grievance.

Begins by discussing her grievance notice to Nifong re DNA—December 19, 2006 letter of notice and substance of grievance; and Nifong’s wild Dec. 28, 2006 response. A long pause ensues while Nifong attorney Jim Glover reads (for the first time?) the Dec. 28 letter.

Nifong response, as read by Kathryn Jean: in that, Nifong conceded that Meehan had told him about the unidentified male DNA. Also reads from Nifong response to the Bar: Smith’s “failure” to sanction him showed that Smith believed he had not behaved unethically.

[Nifong is, in effect, being hoisted by his own words, ad his varying stories in his responses to the Bar.] . . .
related:
News & Observer:
Letter from Mike Nifong to NC State Bar (7 pages, .pdf, 28Dec06)
---------
KC Johnson:
Morning Session -- Nifong, looking gaunt, arrived in the courtroom just after 9.00am. In an event that hardly gives people confidence in the Durham judicial system, he received a warm hug from Durham judge Marcia Morey. [...]

Nifong pleads not guilty. [...]
--------
Anne Blythe & Joe Neff, News & Observer:
Nifong faces judge today -- Fallen prosecutor Mike Nifong, who spent the past 30 years accusing people of crimes, knows now what it is like to be the accused.

The former district attorney, stripped of his law license this month, faces Judge W. Osmond Smith III today on a criminal contempt charge that arose from his handling of the Duke lacrosse case. If found in contempt, Nifong could do jail time.

Some longtime court observers said they could not recall another case in which a judge filed contempt charges against a prosecutor.

"I've never heard of it," said Jim Drennan of the School of Government at UNC-Chapel Hill."I can't think of anything like this," said Peg Dorer, director of the N.C. Conference of District Attorneys for the past 15 years.

Smith, the superior court judge assigned to the Duke lacrosse case, entered a strongly worded order against Nifong in late June.Smith's accusation? That Nifong lied to him on Sept. 22, 2006...
discussion:
LieStoppers forum: Live Coverage of Nifong Contempt Hearing
--------
WAMU Radio (Wash., DC):
Stuart Taylor/Barry Scheck on D Rehm Show, Prosecutorial Misconduct [audio] -- Former North Carolina prosecutor Michael Nifong was disbarred for withholding exculpatory evidence, dishonesty and fraud. What the case against the Duke lacrosse players may reveal about the power of prosecutors and the potential for prosecutorial misconduct
--------
KC Johnson:
--------
Editorial, News & Observer:
... truth and risks -- It makes sense to think strategically when a lawsuit dangles over your head, which is where the City of Durham finds itself regarding false charges of rape lodged against three former Duke University lacrosse team members.

Ex-District Attorney Mike Nifong lost his law license and his job over his eyes-closed pursuit of the accusations leveled by a hired exotic dancer. But Durham police played a role in the misguided prosecution, whether by going along with Nifong's efforts, by not protesting strongly enough that the evidence did not justify charges, or by both. Because a report in May by City Manager Patrick Baker and Police Chief Steve Chalmers totally failed to explain the department's conduct, the City Council had to order an independent investigation, conducted by respected experts and headed by former state Supreme Court Justice Willis Whichard.

City administrators have put that investigation in neutral gear for the next several days because the insurance company that would face a big payout if the students sue and the city loses is having the jitters. [...]

Reaching the truth as to how this case went so badly awry has to trump an insurance company's bottom line.
--------

Moezeldin Ahmad ElmostafaJohn Stevenson, Herald-Sun:
Cabbie who figured in (Duke) lacrosse case sues -- Durham cabbie Moezeldin Ahmad Elmostafa is suing a department store chain and a security guard over a shoplifting charge that figured heavily in the now-ended Duke lacrosse case.

As it turned out, Elmostafa beat the shoplifting rap and was known among lawyers as the "hero of the lacrosse case" for becoming a defense alibi witness and standing up to former District Attorney Mike Nifong and Nifong's then-investigator, Linwood Wilson.

Nifong recently resigned and was stripped of his law license for misconduct in the lacrosse scandal. Wilson also lost his job.

Elmostafa's lawsuit was drafted by lawyer Tom Loflin and filed in Durham County Superior Court just before the close of business Wednesday.

The named defendants are Hecht's Company Inc.; May Stores X Inc, with which Hecht's is now merged; and Jonathan Massey, a former Hecht's security guard who originated the shoplifting charge against Elmostafa at Northgate Mall.

Attempts to reach the corporate defendants for comment were unsuccessful Wednesday evening. Likewise, someone at Massey's house said he was working and wouldn't be home until after midnight.

Defense lawyers had accused Nifong of belatedly bringing the misdemeanor shoplifting charge against Elmostafa as a pressure tactic in the controversial lacrosse case.

The alleged shoplifting incident was in 2003, but Elmostafa wasn't formally accused until May of last year.

The charge came shortly after Elmostafa signed a sworn affidavit saying lacrosse suspect Reade Seligmann was in Elmostafa's taxi around the time an exotic dancer claimed she was raped by Seligmann and two others during a party at 610 N. Buchanan Blvd. in mid-March 2006.

Elmostafa said he drove Seligmann to a bank machine, a fast-food restaurant and a Duke dorm.

When the shoplifting incident came up in court a year ago this week, Elmostafa testified that he merely gave a cab ride to a woman who later pleaded guilty to stealing several handbags from the Hecht's store at Northgate Mall. He claimed he didn't know what the woman was up to and didn't aid or abet her thievery.

Elmostafa was acquitted. [...]
discussion:
LieStoppers forum: Cabbie who figured in lacrosse case sues
FreeRepublic.com: Cabbie who figured in (Duke) lacrosse case sues
-------
John in Carolina:
-------
Michael Gaynor, WebCommentary.com:
Duke Case: Herald-Sun Hysteria -- When it came to the Duke case, Durham. North Carolina's horrible Herald-Sun was an utter disgrace.

Now the day of reckoning is here and it's accusing the true victims of being punitive! [...]

I say that the Three should be compensated fully and then do whatever they want with the compensation they receive.

After all, reparations to them are in order and the North Carolina NAACP should be demanding that they be paid!
--------
La Shawn Barber:
PC and Injustice in the Duke Lacrosse Case -- I just received a review copy of Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case, by journalist Stuart Taylor and blogger/professor KC Johnson (who’s attending former Durham County district attorney Mike Nifong’s criminal contempt hearing). Buy this book! [...]
related:
TalkLeft: The Book: Until Proven Innocent -- "Anyone interested in this travesty of a prosecution simply must read this book."--Jeralyn Merritt, criminal defense attorney and publisher, TalkLeft
-------
Will the tenured vigilantes in the Group of 88 go back to teaching? Or will they continue to pursue extracurricular activities and advancing their pet agendas?

Jordan Everson [Trinity senior], Duke Chronicle:
Dear professors -- Please note your job title. It is not expert, not researcher, not congressional testifier, not future Nobel winner. It is professor, maybe associate or assistant, but still professor.

So then profess! Enlighten your students with the marvelous task you have undertaken, the ideas that inspired you, that you have dedicated your life to studying.

I know, I know, you spent years researching for that Ph.D., and before arriving here your main concern has probably been research.

There is little for you to gain from professing; Research, not teaching, determines your career advancement. Only disastrously bad student evaluations will hinder your upward mobility, an easily avoidable fate so long you reserve low grades only for the truly indolent and hand out evaluations during the last day of classes.

Still, as professors you have an obligation to teach us, your students...

I fear that I am not receiving the education that I should be receiving in the basic world of knowledge. For that is, I think, the purpose of our undergraduate years-to get our real education, not to train for our profession. I hope that you will understand my pleas, that you will rededicate yourselves to professing and to resuming the sacred conversation between teacher and student.
related:
Jon Ham, Right Angles blog:
Duke student asks professors to reassess their role -- Everson’s point is among those addressed in a new research paper published by the Pope Center for Higher Education Policy and written by Princeton Lecturer Russell K. Nieli.
-------
Shuchi Parikh, Duke Chronicle:
Prez blasts judicial policy, cites alternative plans -- Duke Student Government President Paul Slattery discussed his agenda at the organization's first meeting of the 2007-2008 academic year Wednesday night. [...]

At the meeting Slattery presented comparative data showing that Duke lags behind peer institutions in the number of procedural rights reserved to students.

"We continue to not fare so well," Slattery said. "In fact, I think [the Duke administration] hates us."
--------
Guess Not. Group of 88 professor goes off the reservation again.

LieStoppers blog:
Say What? Part II -- Duke University has begun another academic year and that means the group of professors called the Duke 88 are back. It didn’t take long for one of them to cause controversy. No, not about the Duke Lacrosse Case. They were warned that their indemnification from lawsuits only would include any actions before the settlement date of June 2007. This time it was about the Michael Vick Dog-Fighting Case.

Duke Professor Mary Kathy Rudy is an associate professor of women's studies and she wrote a column for the Atlanta Journal-Constitution on August 28.

White culture's hypocrisy about Vick

Unable to withhold herself she had to introduce Race & Class issues in her column. [...]
--------

Stanley B. Chambers Jr., News & Observer:
Duke students play nice in town -- Incidents drop off after lacrosse case -- Don Ball has had fewer sleepless nights since the Duke lacrosse case erupted in his Durham neighborhood.

Off-campus incidents involving Duke University students for the 2006-07 school year declined more than 75 percent from the previous year, according to a recent report by Duke's Office of Judicial Affairs.

For neighbors, the drop indicates how the lacrosse case, in part, has caused students to realize the ramifications of their behavior, said Ball, 46, who has lived in the Trinity Park neighborhood, which borders Duke's East Campus, for 16 years.

"Everyone was nervous and concerned," Ball said. "There was a heightened awareness of not misbehaving off-campus. And I think it had a positive effect for a lot of people." [...]
-------
Edward G. Robinson III, News & Observer:
Duke seniors decide to play -- Lacrosse players to use extra year -- Four former Duke men's lacrosse players have decided to return to the team for the spring season, accepting an extra year of eligibility granted by the NCAA.

Duke announced Monday that Matt Danowski, Dan Loftus, Nick O'Hara and Tony McDevitt were accepted as graduate students and have enrolled for the fall semester. The four completed their undergraduate studies at Duke and graduated in the spring.

Now they are back in school.

The four players were key contributors to the Blue Devils' run toward a 2007 NCAA Division I national title. The Blue Devils lost 12-11 to Johns Hopkins in the championship game. [...]

Duke Lacrosse Case — When's Picture Day?

---

Big day coming up.

WRAL:
Former Duke Lacrosse Prosecutor Heads to Court -- The criminal contempt case against former Duke lacrosse prosecutor Mike Nifong is scheduled to begin Thursday in Durham.

The hearing will be broadcast live on WRAL.com and the WRAL NewsChannel (digital cable channel 256 or over the air at 5.2) beginning at 9:30 a.m.

Superior Court Judge W. Osmond Smith found probable cause in June to believe Nifong willfully and intentionally made false statements during a Sept. 22 hearing last year in the case against three former Duke University lacrosse players who were accused of raping, sexually assaulting and beating a woman at a party in March 2006.

Smith's order stems from a 42-page motion in which the players' attorneys alleged that Nifong broke at least a dozen rules in court on two occasions. His violations, they said, involved potentially exculpatory evidence that indicated DNA profiles based on evidence from the accuser, Crystal Mangum, matched the profiles of four men who were not lacrosse players. [...]
discussion:
LS forum: Nifong/Smith hearing 8-30-07, Handcuffs anyone?
---
update:
Mike Nifong went to jail and had his mug shot taken on September 7, 2008.

Wednesday, August 29, 2007

Duke Lacrosse Case Update — Durham Punishment

Punishment in Bob Ashley's/H-S Durham Gas Chamber
Bob Ashley-led Editorial, Herald-Sun [registration required]:
City next target in lacrosse case -- The train wreck that is the Duke lacrosse case is about to come crashing into the City of Durham's living room. The total damage is yet to be determined, although it seems likely to be extensive.

Former District Attorney Mike Nifong has already been disgraced and disbarred for pursuing sexual assault charges against three former Duke students despite having no evidence. Now the students and their families have retained some of the highest profile lawyers in the nation to punish the city and its Police Department.

The players' attorneys for this round of blood-letting include Barry Sheck, (sic) who helped represent O.J. Simpson, Brendan Sullivan Jr., who defended Lt. Col Oliver North during the Reagan-era Iran-Contra scandal, and David Rudolf, who represented former Carolina Panthers player Rae Carruth and Durham murder defendant Michael Peterson. You know it's going to be a bad day when these three want to see you.

The City of Durham is in a tough spot because, as they say, mistakes were made. We already know that a police lineup in which an exotic dancer identified the three lacrosse players violated police procedures. We can wish, in retrospect, that someone inside the department had stood up and screamed that the lineup was wrong and the case was a sham, but that didn't happen. We can take some solace that a new police chief, Jose Lopez, will come on board next month.

We may also wish that the players would refrain from demanding a huge settlement that will only hurt Durham taxpayers who played no part in putting them through what, admittedly, was a long nightmare. But the players appear to have a case, and they certainly have every right to pursue it.

The latest news is that the city's insurance company has demanded that a committee created to get to the bottom of what happened at the police department halt its work. The insurance company is understandably nervous that the committee will be performing unpaid services for Sheck, Sullivan and Rudolf.

We supported the committee's work in order to seek accountability in the case. But there's no choice now but to shut it down. Reality can be a difficult pill, and this is no time for the city to lose its insurance company. Even without the committee, we know enough to realize that a bad crash is probably unavoidable. Now we're just bracing ourselves.

comment: Didn't the fine Durham taxpayers vote Mike Nifong into office on November 7th, 2006, when it was clear to all, but the blind, that this was a trumped up case? The fine fine citizens of Durham therefore allowed the injustice to continue for another five months, until April 11, 2007. The taxpayers voted this guy in, now they can apologize with their wallets, thank you. Bob Ashley just continues to vent gas against the lacrosse families.

related:
KC Johnson:
Editorial Page Extremists [see comments] -- Two truly astonishing editorials today. [...]

Durham taxpayers can wish, in retrospect, that the city’s only newspaper had stood up and screamed that the lineup was wrong, but that didn’t happen.

It’s not easy to make the Bob Ashley-led editorial board look moderate, but Group of 88 member Kathy Rudy was more than up to the task. Writing in today’s Atlanta Journal-Constitution [...]

Bill Anderson:
Email to Bob Ashley and his reply --- Now you have the gall, the utter gall to call for the former accused and their parents to modify their demands so poor, poor Durham won't have to pay through the nose. If you two were so damned interested in Durham not having to pay and pay and pay for what city employees did, then why were you not urging caution when it counted? [...]

Bob Ashley: Thank yor sharing your thoughts.
We clearly disagree on our performance, and in the end, our success here will be assessed more by our readers and this community than by observers from afar...
--------
Editorial, Duke Chronicle:
Restoring faith in the Durham Police -- Although the lacrosse players have every right to demand retribution for their losses-including the heavy financial burden of attorney fees-their pursuit of justice may hinder the revelation of truth that only an external investigation of the case can procure.

It is difficult to blame the stalling of the external investigation on Durham city officials because they are caught in such a "lose-lose" situation.

If officials move forward with the external investigation, they risk losing taxpayer money as payment for potential lacrosse claims if AIG withdraws its liability coverage. And the company has hinted it may do just that.

To do so will likely lead to charges of city officials' fiscal irresponsibility.

If council members cave into AIG demands and end the external investigation of DPD, they will fail to bring the truth of DPD's missteps in the lacrosse case to light...

At the very least, the DPD's investigation procedures need to be examined independently. To lay this issue to rest without further examination of DPD is to willingly obliterate our already uneasy faith in our city's police department.
discussion:
KC Johnson: Chronicle On Target, Again
--------
The running KC Johnson is a "Horowitzian" and "right-wing trope" debate has moved over to this thread:
Scott Eric Kaufman / Acephalous blog:
More on KC Johnson's Durham in Wonderland; or, "Horowitzian," adj.
-- KC Johnson: "If I'm a "Horowitzian" or a "right-wing trope," what does that make the 80 or 85 percent of the American public that's to the right of me?"

related:
Ralph E. Luker, Cliopatria:
KC's Moment -- At Acephalous, our colleague, Tim Burke, addresses the suggestion that KC's Durham-in-Wonderland fostered an anti-intellectual commentariat...

Chronicle of Higher Education:
The Book on the Duke Lacrosse Case -- it takes a slam at how academics, Duke administrators, the news media, and the prosecutor responded to accusations of rape leveled at several Duke lacrosse players last year...

Expect a lot more next week, after people receive their books.
-------
Dr. Helen's blog [forensic psychologist]
Men, Rape and Injustice -- I have been reading the fascinating new book by KC Johnson and Stuart Taylor on the Duke Lacrosse fiasco entitled, Until Proven Innocent ...

My favorite chapter in the book is entitled "Presumed Guilty: Feminist Overkill" as it describes the statistics for false rape allegations. The chapter opens with a look at Catharine MacKinnon's Yale commencement speech in 1990 in order to understand the eagerness of so many journalists and academics to find the Duke lacrosse players guilty. MacKinnon's words that day, capture the radical feminist line clearly that has permeated current PC circles. She stated, "Look to your left, look to your right, look in front of you , and look behind you. Statistics tell us you have just laid eyes on someone guilty of sexual assault." The radical feminist line is that women never lie about rape. But statistics belie this belief....
--------
On the road again
KC Johnson / Durham-in-Wonderland (KC's second home):
The Contemptible Nifong, II -- Here’s Nifong on September 22, 2006 [...]

The Contemptible Nifong, I -- Tomorrow in Durham, Mike Nifong faces a criminal contempt hearing before Judge Osmond Smith. (I am heading down to Durham later today and will be live-blogging the event.) At issue, did he lie to the court on September 22, 2006? ...
--------
John Stevenson, Herald-Sun [registration required]:
Nifong up on lying charge Thursday -- After 30-odd years of wielding legal power, defrocked chief prosecutor Mike Nifong will be in a far more humble role Thursday when he goes eyeball to eyeball with a judge.

He may make history as the first former elected district attorney in North Carolina to be hauled into court for alleged dishonesty.

Numerous lawyers and judges say they remember no other incident of its kind.

Nifong will be in the defendant's chair Thursday, charged with lying about DNA evidence favorable to three defendants in the now-ended Duke lacrosse case.

If Superior Court Judge Osmond Smith rules against him, he could be jailed 30 days for contempt or fined up to $500, or both.

The contempt charge accuses Nifong of lying about DNA evidence indicating three lacrosse players did not sexually assault an exotic dancer during an off-campus party on North Buchanan Boulevard in mid-March 2006.

The same genetic results showed the woman did have intimate contact with several other men.

Nifong allegedly withheld the scientific information and told Smith and defense lawyers he didn't have it when indeed he did.

It is a far cry from the garden-variety contempt cases that routinely arise in Durham.

Most involve more predictable issues, like mouthing off to a judge or failing to show up for jury duty. For example, a man was fined $500 last weekend and jailed 30 days for being loud and boisterous in the Magistrate's Office, which is considered a court of law. [...]

--------
John in Carolina continues to investigate the News & Observer's role in starting the rape hoax firestorm. The N&O editors and reporters started the "wall of silence" lie about the lacrosse team despite some people in the newsroom knowing the truth about the lacrosse co-captains cooperation:

N&O police blotter story on March 22, 2006
:
According to the report, the victim, who told police she was raped March 13 at a party at 610 N. Buchanan Blvd., was also robbed of a $300 cell phone and a large amount of cash.

It is The News & Observer's policy not to identify victims of reported sex crimes.

No suspects have been named in the case, but Sgt. Mark Gottlieb of the Durham Police Department said Tuesday that police are following several leads and that the residents of the rental house, which faces the university's East Campus, are being cooperative.

About 30 people were at the party, which started late March 13 and went into the early morning, and alcohol was involved, Gottlieb has said.
News & Observer's Crystal Mangum is a victim story, March 25, 2006:
Forty-six members of the men's lacrosse team submitted DNA samples Thursday in the unusual case. As of late Friday, there had been no arrests. Duke officials briefed university staff Friday on the allegations, and authorities vowed to crack the team's wall of solidarity.
Ruth Sheehan, N&O column, March 27th: Teams’ Silence Is Sickening

John in Carolina:
N&O, Duke & Player Cooperation (Post 2) -- If the N&O had reported on Gottlieb’s and Duke University’s statements about the players' cooperation, the “wall of silence” lie would have been challenged by intelligent and fair-minded people.

And in that case, the “wall of silence” lie would have been exposed for the lie it was.

The N&O helped trash the entire lacrosse team and frame David Evans, Collin Finnerty and Reade Seligmann.

John in Carolina:
N&O, Duke & Player Cooperation (Post 1) -- Does anyone know why the N&O’s March 25 story doesn’t mention the Duke statement and the players’ cooperation?

Does anyone know why the N&O made no mention of the Duke statement in its Sunday, April 26, story reporting on a vigil Saturday night in support of “the victim" or in its April 27 story reporting the “potbanger” rally in which “the activists” gathered around a large “CASTRATE” banner?

Of course, we can all understand why Ruth Sheehan wouldn’t mention the Duke statement in her “Teams’ Silence Is Sickening” column. Mentioning the Duke statement would have destroyed the whole point of her column.

Final question: Does anyone know when the N&O finally reported the very important news that Duke had issued a statement on March 24 saying the players were cooperating?
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Link list of recent stories:

There they (G88 sympathizers) go again
Charlotte Observer:
UNC News in Brief /Professor to discuss Duke lacrosse case -- Syracuse University professor Linda Alcoff will discuss the Duke lacrosse case in a lecture on Sept. 6 called "Racial Profiling as Epistemic Practice: When is Identity Relevant?"
related:
LieStoppers: Say What? -- Since Crystal Gail Magnum did lie, no lacrosse player sexual assaulted her, and she did portray herself as a victim of a crime that never happened, we recommend a pass on the lecture and a reevaluation of the use of Narratives when dealing with matters of Guilt or Innocence.
Duke Chronicle, August 28th, 2007KC Johnson:
  • Item re Scott Kaufman
  • Gene Upshaw; On the Schedule -- National Football League Players Association executive director Gene Upshaw, on Until Proven Innocent: The Duke lacrosse hoax is fundamentally a tale of incredible courage and integrity on the part of the falsely indicted players, their families, their defense team, a few of their faculty (particularly Professor James Coleman), and the entire Duke lacrosse team, including their current and former coach. Theirs is a tale of incredible grace under searing pressure.
  • Butler on Brodhead
  • Credentials
LieStoppers;
News from Little Bighorn
New & Observer:
Review of lacrosse case halted
Herald-Sun
Insurance company wants city to halt independent probe into lacrosse case
Duke Basketball Report:
Durham About To Get Sued & More High Comedy

LieStoppers:
Big Trouble for Durham?
News & Observer:
Suits endanger lacrosse panel
ABC11tv.com
Lawsuit Threat Could Suspend Duke LAX Panel
WRAL:
Lawsuit Threat Puts Panel Probing Durham PD in 'Holding Pattern'
related forum topics:
LS forum: More news on lawsuits coming, City's Insurance Policy and the lawsuits
FreeRepublic: (Civil) Suits endanger lacrosse panel (Duke Lacrosse)
TalkLeft: DUKE PANEL IN PERIL BECAUSE OF POSSIBLE LAWSUIT

William L. Anderson:
Socialists, Deceit, and Duke -- socialists in this country have decided that politics trumps all truth and are still declaring the three young men to be rapists, the evidence be damned. To obtain a better sense of what I am saying, I will show what is being said on a socialist web site and then point out why the lies that socialists are saying are perfectly consistent with that ideology...

Duke Chronicle, August 27, 2007
John in Carolina, August 26th
New suits in Durham

KC Johnson
LieStoppers:
Enough from Duff Anniversary

John in Carolina, August 24, 2007

Tuesday, August 28, 2007

Please Buy: Until Proven Innocent

If you are reading this blog then please buy Stuart Taylor and KC Johnson's book:

Until Proven InnocentUntil Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case

“A gripping, meticulous, blow-by-blow account of the whole grotesque affair. It is beautifully written, dramatic, and full of insights, exposing how vulnerable the prosecutorial system is to abuse and how ready the liberal media and PC academics are to serve as leaders of the lynch mob. A must read for anyone who cares about individual rights and justice.”
—William P. Barr, former attorney general of the United States
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Glenn Reynolds the InstaPundit:

K.C. JOHNSON & STUART TAYLOR'S BOOK ON THE DUKE NON-RAPE CASE is now up to 590 on Amazon. I hope it gets a lot of attention. With a cover blurb from John Grisham, it just might.
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Michael Gaynor:
Why to buy Until Proven Innocent -- Race hustlers, political correctness extremists and feminuts will not be buying the book. People who care about the truth instead of reinforcing their prejudices will...
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TJN reasons to buy Until Proven Innocent:

If you think that citizen journalism and blogs are an important counterbalance to the sloppy and biased journalism of main stream media then you absolutely owe it to yourself to kick in a few bucks for this book.

The knock against bloggers is that they never investigate anything, they just leech off the good work of MSM journalists. Well, here's a blogger, KC Johnson, who investigated the hell out of an important story. He made twelve trips to Durham to cover the case and conduct interviews, plus he delivered the absolute highest quality investigative journalism for over a year (DIW celebrated its one year anniversary earlier this month) on his blog for free.

Come on, it's only $17.79 + shipping at Amazon.com [eligible for FREE Super Saver Shipping on orders over $25]. If you don't buy it then you are a wanker. If you don't have time to read it, buy it and give it to your local library, or to your friendly neighborhood enabler or race-baiter, or to a 'something must of happened' head up their keister acquaintance.

If you are a 'Group of 88' vigilante buy it so you can perhaps see your name in a published book before you pass away.

Full disclosure: We get brownie points if you use the Amazon link above or on our sidebar to order.

Diversity: Version 1.0

Diversity: Version 1.0

An inconvenient truth: Diversity Hurts Higher Education

One of the stories that flew past the radar this month was the Boston Globe article entitled the "Downside of Diversity" by Michael Jonas. The stunning finding that it reported has had a few weeks to rattle around the blogosphere. It was a shocker:

A Harvard political scientist finds that diversity hurts civic life. What happens when a liberal scholar unearths an inconvenient truth? -- IT HAS BECOME increasingly popular to speak of racial and ethnic diversity as a civic strength. From multicultural festivals to pronouncements from political leaders, the message is the same: our differences make us stronger.

But a massive new study, based on detailed interviews of nearly 30,000 people across America, has concluded just the opposite. Harvard political scientist Robert Putnam -- famous for "Bowling Alone," his 2000 book on declining civic engagement -- has found that the greater the diversity in a community, the fewer people vote and the less they volunteer, the less they give to charity and work on community projects. In the most diverse communities, neighbors trust one another about half as much as they do in the most homogenous settings. The study, the largest ever on civic engagement in America, found that virtually all measures of civic health are lower in more diverse settings.

"The extent of the effect is shocking," says Scott Page, a University of Michigan political scientist.

The related issue about the value of diversity in higher education was raised today by Prof. KC Johnson's profile of Duke Group of 88 member, Prof. William Chafe. Prof. Johnson's post made these observations regarding academic diversity:
William Chafe is Alice Mary Baldwin Professor of History, where his scholarship, as his website states, “reflects his long-term interest in issue of race and gender equality.” He specializes in U.S. history after World War II, with a particular focus on African-Americans, women, or radical whites [...]

In a 2002 address, he explained his strategy to faculty personnel matters: “There has remained a tendency to think of Duke as a place of wealth, whiteness and privilege. We aim to change that.” The Chronicle added that “Chafe said faculty diversity is still lacking, and that the University must continue to seek new ways to attract women and minorities.” [...]

Chafe’s policies drew strong praise from the expected quarters. His associate dean, future Group stalwart Karla Holloway, gushed later that Chafe “managed, urged and encouraged institutional change around the issues of diversity.” (The diversity of which Holloway spoke, of course, did not include intellectual or pedagogical diversity, in which neither she nor Chafe have shown any interest.) [...]

Elite schools normally have placed academic excellence, not “diversity,” as their primary goal in hiring, as Economics professor Roy Weintraub pointed out at the time[...] Duke makes choices at the margin in every resource allocation decision and every programmatic expenditure. Have we chosen to settle for using our resources to achieve a more diverse faculty instead of a more intellectually distinguished one? The record of the past decade seems to indicate that the answer is ‘yes.’”

Chafe dismissed the concern, glibly suggesting that “diversity enhances our quality rather than diminishes it.” But Chafe—like extreme “diversity” advocates more generally—eluded Weintraub’s point [...]

Critics from outside the academy often suggest that “diversity” leads to the hiring and retention of under-qualified minority candidates. There are, of course, a few examples of the pattern among the Group of 88—take, for instance, Wahneema Lubiano (Ph.D. 1987, no scholarly monographs published) or Thavolia Glymph (Ph.D. 1994, no scholarly monographs published). [...]

Duke also has a highly unusual policy requiring the provost, “in the event the AP&T Committee’s recommendation is negative . . . to determine whether all factors relating to the merit and value of the candidate, including ethnic, racial, and gender diversity, have been fully and adequately considered.” [emphasis added]

That said, it’s illegal to openly restrict the applicant pool by advertising that no white males (or, in some cases, white females as well) need apply[...]

if a “diversity” dean wants more African-American female professors, he more likely can achieve his goal through green-lighting new positions in African-American cultural studies than by granting the Economics Department a new line to hire a specialist in high finance—again because the applicant pool for the former slot will likely contain a disproportionate share of African-American females [...]
The part about a "diversity" dean would have been considered funny once upon a time. But, after watching the diversity enabled Duke Group of 88, attack, vilify, and academically injure their own students, the word diversity now makes us flinch as if a dark dangerous shadow swept over us.

If diversity hurts civic life, then it seems logical that it could also hurt academic life, especially in the extreme. It's been said, "job security tends to corrupt, and tenure corrupts absolutely." Tenured diversity looks like the extreme that fostered Duke's tenured and corrupt G88 vigilantes.

The Duke lacrosse scandal and the diversity fueled and fed Group of 88 and its rabid supporters is solid proof of the inconvenient truth that too much academic diversity hurts the academy. Duke is a much poorer institution for diversifying to a point where a Group of 88 could stage a putsch and drag the whole university down the toilet.

Assorted reactions to "The Downside of Diversity"/Putnam study:

Rick Garnett / PrawfsBlaw -- I came away from the article wondering if Putnam's study provides some support for my intuition that some non-"diverse" institutions (e.g., some religious universities) are important in pluralist societies precisely because of their non-"diversity." What can we learn from this study, or what should this study make us want to know, about what Paul Horwitz calls "First Amendment institutions" (like universities, etc.).

Prof. C.N. Le / Asian-Nation.org -- as an academic myself and given the descriptions of his credentials, I will presume for now that Prof. Putnam’s study is indeed methodologically sound and that its results are scientifically valid. The question then becomes, what do they mean?

After reading the Boston Globe article and after getting over the initial shock of it, I sat back and reflected on what it means for American society in general and me in particular as one of many who has sincerely believed all along that cultural diversity does indeed produce more benefits than costs for American society.

In trying to understand and explain these findings, one quote kept coming to mind and struck me as a profound rebuttal to the study’s results -- Audre Lourde’s famous quote “It is not our differences that divide us. It is our inability to recognize, accept, and celebrate those differences.”

In other words, as applied to this particular study, I think part of the answer to the question of how would diversity harm American society is to say that the respondents in this study may not have been reacting to high levels of racial/ethnic diversity per se, but rather, to the political and social climate that have and continue to frame such demographic changes.

OrthodoxyToday.org Blog -- The study is part of a fascinating new portrait of diversity emerging from recent scholarship. Diversity, it shows, makes us uncomfortable — but discomfort, it turns out, isn’t always a bad thing. Unease with differences helps explain why teams of engineers from different cultures may be ideally suited to solve a vexing problem. Culture clashes can produce a dynamic give-and-take, generating a solution that may have eluded a group of people with more similar backgrounds and approaches. At the same time, though, Putnam’s work adds to a growing body of research indicating that more diverse populations seem to extend themselves less on behalf of collective needs and goals.

Charles P. Nelson / Explorations in Learning blog -- These are serious findings. Diversity is important for creativitiy and learning. At the same time, it creates friction and distrust. As noted in the post Multiculturalism and Prejudice, promoting multiculturalism has a side effect of increasing prejudice for some people. Somehow, while maintaining respect for all cultures, we, our schools, and our communities need to emphasize and teach what we have in common instead of our differences.

Stephen Downes / Stephen's Web blog -- The proposal that diversity results in less civic engagement - reported here, from a (very biased) Boston.com story (on a site that blocks access after four pages) - sounds dire, but should be discounted. The conclusion is obtained, not by actually measuring civic engagements in diverse cities (such as, say, Toronto) but rather by surveying people. So now we know that Americans think that diversity in their community would reduce civic engagement. But we knew that already. Here's a more interesting proposal: diversity in a community results in less of an emphasis on collaboration (a group phenomenon) and more of an emphasis on cooperation (a network phenomenon). So you might get, say, less voting and charity work, but more political activism and community networking.

Whitney Tilson's School Reform Blog
-- These are some very interesting (and troubling) findings. I wonder what the same analysis would show about the impact of diversity in school settings? If all other variables were held constant (a rarity, to be sure), might schools with little or no diversity yield better educational outcomes? It seems heretical to even ask the question, but it's important to think about because many of our schools are de facto segregated and some (like Jonathan Kozol) feel a huge effort should be made to desegrate them (somehow), while others (like me) view the segregation as unfortunate but largely inevitable and that efforts would be better made to improve the schools as they are. I've visited roughly two dozen KIPPs nationwide and recall only two that had even a single white student, yet that isn't preventing the minority children from achieving at extraordinarily high levels.

Monday, August 27, 2007

More 'Group of 88' Spraying

Like General Sherman marching through Georgia, Professor KC Johnson has burned a swath through the boll weevil infested academic cotton fields of Duke University. Prof. Johnson's searing analysis and criticism of the Duke Group of 88 academics and their addled agendas conducted at his Durham-in-Wonderland blog has exposed an insidious blight on higher education.

So the question is, will Prof. Johnson's forthcoming book "Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case, written with Stuart Taylor, elevate the discussion of the moral and ethical rot in higher education to a broader audience? Will the book lead to any changes in higher education?

Hopefully yes, but the blight runs deep. Here we can just nibble around the edges of that issue; while the academic heavy weights slug it out, alumni vote with their financial donations, and incoming freshman classes pick their schools. Seeing Duke President Richard Brodhead burrow into his plush Duke cotton bud and tell the world that it's time to move on is a sign of how virulent the problem is.

The Taylor/Johnson book sounds like it will be sweeping in scope. A preliminary review said, it "covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion."

How much academic rot can Taylor/Johnson possibly fumigate given the massive corruption of Mike Nifong and the Durham PD that they have to map out? The main stream media's horrible performance is also a vast and juicy target. The still simmering scandal brings the phrase "target rich environment" to mind.

This target rich Duke environment is well documented on Prof. Johnson highly regarded and extremely popular blog (TJN has touched on it too). Prof. Johnson points out that his blog has grown to around 750,000 words spread over 970+ blog posts, and with just under 2.9 million unique visitors. The book, he says, is about 130,000 words. So every word should hit a case-related academic vector.

The timing of the book is good. Releasing the book at the start of the back-to-school, back-to-work period should help sales if the publisher and merchants can get it out on the bookshelves. Plus there should be another good burst of news and attention shortly if Nifong gets thrown in jail for his criminal contempt. To say the book is highly anticipated in the small corner of the world known as Johnsville is an understatement.

However, Prof. Johnson doesn't sound like he's giving up his day job. He's pointed out that blog popularity doesn't necessarily translate into a best seller. He said, "that isn't a business model that has frequently occurred in the blogosphere. (If it did, we'd all be rich!) That said, I hope the book sells extremely well."

Some of the impact of KC Johnson's book and blog on academia, a/k/a the academy, is starting to percolate in the blogosphere. Recently, Scott Eric Kaufman at his Acephalous blog aimed some criticism at Prof. Johnson:

If the research presented on the blog is indicative of the content of his soon-to-be-published book—Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case—then I can only conclude that the book'll be positively Horowitzian in tenor and substance.

Like Horowitz—and clocks twice a day—Johnson occasionally nails his target...
Prof. Johnson responded to Kaufman in the comment section of Kaufman's post:
I'm a bit amused by the Howoritzian argument, as I have been publicly denounced by Horowitz and have publicly opposed (through an AHA amendment) the ABOR. In any event, Until Proven Innocent has received strong words of praise from ACLU president Nadine Strossen, former Crossfire co-host and LA Times editorial page editor Mike Kinsley, defense attorney and author John Grisham, and Kirkus Reviews. It would strike me as rather unlikely that such figures would endorse a book that was "positively Horowitzian in tenor and substance."
For the non-academic, you can better understand the "Howoritizian" label by going to this reference - Wikipedia: David Horowitz - Academic Bill of Rights (ABOR)

There are more interesting back and forth comments on the Kaufman article. It will be interesting to see if there is any serious fallout from Until Proven Innocent. But aren't weevils second-cousins to cockroaches, and they've survived pretty well.

Hopefully, the book royalties will at least reimburse KC for his twelve trips to Durham to cover the case. And good folks will learn not to send their kids into infested schools.

source:
Scott Eric Kaufman, Acephalous blog:
On K.C. Johnson's Durham in Wonderland and Until Proven Innocent

related:
John in Carolina:
BRODHEAD'S FAILED DUKE
Kristin Butler, Duke Chronicle:
Bye-bye, Brodhead?

Saturday, August 25, 2007

Duke Lacrosse Case Update — Durham in Legal Crosshairs

Barry Scheck was an O.J. Simpson lawyer, so you can say: "If the rape charges are not true, the city you must sue."

Barry Scheck (l), Brendan Sullivan (r)Ray Gronberg, Herald-Sun [registration required]:
Lacrosse Players Tap Legal Team -- Two of the country's best-known lawyers are representing three former Duke University lacrosse players falsely accused of rape and may file a federal civil-rights lawsuit against the city next month, multiple sources say.

The players have hired Washington, D.C., lawyer Brendan Sullivan and New York City litigator Barry Scheck to represent them in the pending civil case.

Sullivan -- who gained fame in the 1980s while representing former Marine Lt. Col. Oliver North -- is working for lacrosse players David Evans and Collin Finnerty.

Confirmation of that came Friday from Chris Manning, a law partner of Sullivan's in the Washington firm Williams & Connolly.

Manning said that Scheck -- a member of O.J. Simpson's legal "dream team" in the 1990s -- is representing the third falsely accused player, Reade Seligmann.

Sources say Sullivan and Scheck contacted the city's lawyers recently and told them Durham faces litigation over how police handled the Duke lacrosse case.

Their move prompted City Council members, senior administrators, City Attorney Henry Blinder and a private-practice attorney retained by the city, Joel Craig, to huddle behind closed doors twice this week for consultations.

Blinder and Craig are supposed to attend a face-to-face meeting with the players' attorneys sometime in the next few days to hear them describe the basis for a lawsuit and perhaps terms for an out-of-court settlement.

The council has scheduled a closed-door meeting on Sept. 6 to hear a report from Blinder and Craig on the results of that meeting.

Supporters of the three players have anticipated the filing of a lawsuit for months, even before state Attorney General Roy Cooper pronounced bogus the rape, kidnapping and sexual assault charges police and former District Attorney Mike Nifong tried to pin on the students last year.

The news that players had retained Sullivan and Scheck was not a surprise in those quarters.

"That was the whole point of why this case was so extraordinary," Duke Law School professor James Coleman said Friday. "These were not run-of-the-mill, poor, unconnected people. These are students who could command the very best lawyers in the country."

discussion:
LieStoppers Forum: Lacrosse players tap legal team
LieStppers blog: Is the Day of Reckoning approaching for Durham? -- News of this development should be the final five-alarm fire bell warning to Durham’s City Leaders. Despite the many warnings that disgraced, disbarred, and former DA Nifong along with the Durham PD were attempting to imprison three innocent players for a crime which never happened, the Durham Leaders did little to stop the impending train wreck. Those heady days of indignation, protests, and false statements of March-April 2006 are coming home to roust.
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Other items:

Nifong's Bar Tab: $8,897.71Anne Blythe, News & Observer:
Nifong must pay some costs of hearings -- Mike Nifong had to pay dearly for his misdeeds in the Duke University lacrosse case this month when he surrendered his law license.

Now the ousted former district attorney is going to have to pay more.

The State Bar sent Nifong an invoice Friday for $8,897.71.

The bill covers the the cost of having a court reporter at hearings Jan. 24, April 13 and June 12-16. It also covers costs for depositions of Linwood Wilson ($865.60), the former investigator for the Durham District Attorney's Office, police Sgt. Mark Gottlieb ($1105.05), Investigator Benjamin Himan ($1295.00) and Nifong himself ($2523.05)...

The ex-prosecutor, stripped of his law license, is to face Judge W. Osmond Smith III next week on a criminal contempt charge...

related:
LieStoppers blog:
How's that Hoax working out for you Nifong?
KC Johnson:
Nifong's Bill from the Bar
The Smoking Gun:
Paying For Your Own Funeral
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Anne Blythe, News & Observer:
Next Durham DA still up in air -- When Jim Hardin stepped in to run the District Attorney's Office after Mike Nifong's fall from power, he expected to fill in for a couple of months and go back to being a judge.

But Wednesday was the end of Hardin's second month as interim district attorney, and the governor's office has been mum about how much longer he might be there.

Gov. Mike Easley did not respond to requests for an interview. His staff said he would not comment on his search for a district attorney or say whether Hardin might stay in the job for a year, as some lawyers speculate.

Instead, Renee Hoffman of the governor's press office recycled responses that Easley gave a reporter Aug. 9...
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John in Carolina:
Former DPD Sgt Says Top Cops Involved --
The Whichard committee is currently investigating the Police Department. Some leaders of the department may be held accountable. The trail leading to ineptness will most certainly reach the highest levels of the department. (emphasis added)

When the end of the trail is reached, it will be interesting to see if the new chief and the City Council really believe change is needed.

Jerry Grugin
Durham

The writer is a former Durham Police Department sergeant.
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William L. Anderson, LewRockwell.com:
Narratives and Nonsense -- Duke's Bourbon Intellectuals - They learn nothing, and they forget nothing -- in statements made by many Duke faculty members and others following the very public exoneration, the True Believers have made it quite clear that Cooper’s words mean nothing. By emphasizing that since one cannot "prove" a negative, the three young men are guilty until proven guilty. Literally, with much of the Duke faculty, absolutely nothing has changed; in fact, the very dropping of the charges, should one follow the thinking of Dean Deutsch, is in itself a travesty of justice.

One asks how we ever got to this point where facts don’t matter and, to further the point, the insistence upon emphasizing the facts of the case is in itself "proof" of guilt. The answer lies in the modern application of academic Marxism, for while Marx and his Labor Theory of Value have long been discredited among economists, the Marxian "narrative" and the "polylogism" of which Ludwig von Mises writes in Human Action have become the polestar of higher education. One cannot understand what is happening in disciplines such as literature, English, history, sociology, and the gaggle of "identity studies" (such as African American Studies, Womens’ Studies, Queer Studies, and the like) that are dominating much of the academic curriculum, unless one understands the Marxist mindset, with its emphasis upon "narratives" and power...
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John in Carolina:
Democracy & Journalists --
News & Observer reporter, Joe Neff: we did not use a single anonymous source or unnamed source in our – uh – I think as of now we’ve written 541 articles by – with at least 19 different bylines on it...
The N&O’s Duke lacrosse reporting relied on so many anonymous and/or unnamed sources ( Is there a difference?) that three weeks after the “Dancer … ordeal” story appeared, the N&O published a story, Mother, dancer, accuser , identifying its sources as “former classmates and neighbors, friends and family members.”

The N&O even published on April 2, 2006 a photo of a “Vigilante” poster which it obtained from an anonymous source...
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Michael Gaynor:
Duke case: THE book is coming -- Read the book. Carefully. And try to read between the lines too. -- Until Proven Innocent is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams...

Friday, August 24, 2007

Link List — August 24, 2007

Thursday, August 23, 2007

Link List — August 23, 2007

Wednesday, August 22, 2007

Link List — August 22, 2007

Tuesday, August 21, 2007

Link List — August 21, 2007

Monday, August 20, 2007

Duke Lacrosse Saga in Pictures

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Duke Lacrosse House - 610 N. Buchanan Blvd.
March 13, 2006 — Three co-captains of the Duke lacrosse team host a team party at their off-campus residence at 610 N. Buchanan Blvd. during spring break. They hire two strippers to perform for two hours for $400 each. Approximately 40 other students attended the party; most, but not all, were team members.
Duke Lacrosse House - 610 N. Buchanan Blvd.
March 13, 2006 —The first stripper, Kim Roberts, aka Nikki, arrived at the party shortly after 11 pm. At approximately 11:40 pm the second dancer, Crystal Gail Mangum, aka Precious, was dropped off at the party house by her driver. Sometime just before midnight, the two veteran sex-workers entered the living room to begin their performance for the party attendees.
March 14, 2006, 12:00:12 a.m. — The first party picture of the two strippers. The accuser, Crystal Gail Mangum is wearing pink and white lace lingerie. She is lying face down on the floor. The second performer, Kim Roberts, is wearing all white.


March 14, 2006, 12:01 - 12:02 a.m. — Lacrosse party photos. Crystal Mangum and Kim Roberts performing.
12:03:57 AM photo of lacrosse party
March 14, 2006, 12:03:57 a.m. — Crystal Gail Mangum and Kim Roberts leave the living room after a very brief performance. The photo shows Mangum left her right shoe on the floor. The women go to the back of the house. At 12:05 a.m., just after the performance ended, Reade Seligmann, began using his cell phone and initiated a series of calls to his girlfriend and others. At 12:14 a.m., he called On Time Taxi company to pick him up. Seligmann and his teammate, Robert Wellington, were picked up at approximately 12:19 a.m.
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Reade Seligmann at a Wachovia Bank ATM at 12:24 am, March 14, 2006
March 14, 2006, 12:24 am — Reade Seligmann getting out of a taxi driven by Moezeldin Elmostafa at a Wachovia Bank ATM. The bank is at Ninth St. and Main, 0.9 miles from the the Duke lacrosse house. Seligmann's attorneys provided this photo and other information confirming his alibi in a court filing on May 1, 2006.
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March 14, 2006, 12:30:12 a.m — Crystal Mangum is standing outside the back door of the house. The team captains told police she was pounding at the door around that time, but they wouldn’t let her in. She is carrying the shaving kit of Dave Evans, perhaps due to her intoxicated state. Her clothes are intact.
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altered photo of Crystal Gail Mangum leaving 610 N. Buchanan Blvd.
March 14, 2006, 12:30:47 a.m. — Crystal Mangum is still on the back steps of the Duke lacrosse house. She is still clutching Dave Evans' shaving kit. She is demurely smiling.
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March 14, 2006, 12:38 a.m — Crystal Gail Mangum lying face down on the back steps of the lacrosse house, passed out. Mangum had consumed alcohol and taken the drug Flexeril prior to the party. The NC State Attorney General's report said she was high at one of the interview sessions with investigators in 2007.
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March 14, 2006, 12:41 am — Mangum was helped to Roberts' car by some of the players and the night appeared to be coming to an end.
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Durham PD investigators: Sgt. Mark Gottlieb (left), Ben Himan (right)
March 14, 2006 — In order to stay out of an involuntary 24-hour intoxication confinement Crystal Gail Mangum started telling numerous contradicting versions of the alleged crime in the hours after the party. One version that she told Durham police investigators Mark Gottlieb and Benjamin Himan on March 16th was used for a Probable Cause Affidavit. That version of the alleged crime was described as follows:
Shortly after going back into the dwelling the two women were separated. Two males, Adam and Matt pulled the victim into the bathroom. Someone closed the door to the bathroom where she was, and said "sweet heart you can't leave." The victim stated that she tried to leave, but the three males (Adam, Bret, and Matt) forcefully held her legs arms and raped and sexually assaulted her anally, vaginally and orally. The victim stated she was hit, kicked, and strangled during the assault. As she attempted to defend herself, she was overpowered. The victim reported she was sexually assaulted for an approximately 30 minute time period by the three males...
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March 16, 2006 — A police photo shows that there are no signs of injury two days after Crystal Mangum alleged that she was brutally gang-raped, beaten, and strangled.
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March 17, 2006 — In the days and weeks after the attack Crystal Mangum went back to the hospital complaining of neck, back and knee pain she claimed was caused by the rape. 60 Minutes and other news outlets show a video of Mangum dancing at the Platinum Pleasures Club on March 25-26th, eleven days after the alleged attack. The club manager, H.P. Thomas, tells 60 Minutes that she had consistently performed her routine normally. Thomas also told Inside Edition that Mangum was back pole dancing three days (Mar. 17th) after making allegations of a brutal sexual assault.
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Kim Roberts
March 22, 2006 — The second stripper/sex-worker, Kim Roberts, aka Kim Pittman, is arrested for a parole violation stemming from a 2001 embezzlement conviction. Before her arrest she calls the rape allegation a "crock." The convicted felon starts cooperating with Durham investigators and Mike Nifong in order to improve her chances of staying out of jail.
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March 25, 2006 — Durham police spokesman, Cpl. David Addison, lied about the full cooperation of the Duke lacrosse co-captains. The Herald-Sun reported: “Addison said police approached the lacrosse team with the five-page search warrant on March 16, but that all of the members refused to cooperate with the investigation. The refusal led officials to issue a "non-testimonial" order -- which allows police to threaten suspects with legal consequences if they choose not hand over evidence -- for each player's DNA." Addison said it was "unfortunate" that police had to go to such lengths, but that the team members "denied participation or knowing anything... Addison said the team got several chances to cooperate with police and that the non-testimonial order was issued only after the players kept silent."
----
Samiha Khanna (crime reporter), Melanie Sill (executive editor), Linda Williams (managing editor)March 25, 2006A woman hired to dance for the Duke lacrosse team describes a night of racial slurs, growing fear and, finally, sexual violence — North Carolina's leading newspaper, the News & Observer, publishes a sympathetic, misleading, and inflammatory front page story about Crystal Mangum that is based on Mangum's only public interview. The article entitled "Dancer gives details of ordeal" makes Mangum into a poor, single mother and college student, who is clearly the victim of a brutal gang-rape and racial attack. The paper withheld and covered-up for over a year Mangum's claim that the second stripper, Kim Roberts, was also sexually assaulted at the party. Mangum said Roberts didn't report the attack because she was afraid she’d lose her job. Mangum also accused Roberts of being willing to “do just about anything for money.”

Mangum was on her way to work, pole dancing, when she told the N&O reporter, "This [Duke lacrosse party] was the first time she had been hired to dance provocatively for a group".
----
candlelight vigil demonstration, Saturday, March 25, 2006
demonstration sign at 610 N. Buchanan-'We Believe Her' Manju Rajendran

condemning lacrosse team at Saturday, March 25th cancelled home game Don't protect rapists

Wall of Silence Mar. 27th protest in front of Allen building

Prof. Kim Curtis at hanging party March 27th

potbanger rapist hunter garb

protester speaks out against administrators... March 26th rally - 'Sunday Morning Time to Confess'

Mar 27th rally shirt - 'Men's Lax Come Clean'
March 25, 2006 - April 2006 — Numerous protests were held to condemn the lacrosse team and their non-cooperation. The "Castrate" banner is symbolic of the rush to judgment atmosphere around the Duke Campus. Duke President Brodhead does nothing to quell the fury. The three lacrosse team captains, who lived in the party house, had fully cooperated with the police investigation; but that fact is not widely reported.
---
Ruth Sheehan, Mar. 27 2006: Team's silence is sickeningMarch 27, 2006 — Ruth Sheehan, a columnist for the News & Observer writes an article entitled, "Team's silence is sickening." In the story she convicts the Duke lacrosse team of being a gang of rapists. The article starts off:
Members of the Duke men's lacrosse team: You know. We know you know.

Whatever happened in the bathroom at the stripper party gone terribly terribly bad, you know who was involved. Every one of you does. And one of you needs to come forward and tell the police.
Ms. Sheehan was one of the few journalists, who later apologized to the lacrosse team for her rush to judgement.
---Former Duke University Environmental Sustainability Coordinator Sam Hummel and the Vigilante Poster
vigilante poster
March 28, 2006 — Vigilante and Wanted Posters targeting the lacrosse team start circulating on and around the Duke campus. The local Crime Stoppers organization and DPD Cpl. David Addision are involved in the distribution of the Wanted Posters.
---
Duke prof. Houston Baker
March 29, 2006 — Prof. Houston Baker, a member of the Duke Departments of English and African-American Studies, released a public letter denouncing the "abhorrent sexual assault, verbal racial violence, and drunken white male privilege loosed amongst us." He stated that "male athletes" were "veritably given license to rape, maraud, deploy hate speech, and feel proud of themselves in the bargain." Baker later sent an email to a lacrosse parent in which he called the lacrosse players a "scummy bunch of white males," who lived like "a bunch of farm animals." Baker soon left Duke and took a job at Vanderbilt.
----
Richard Brodhead apologizes to anonymous 911 callerMarch 29, 2006 — Duke President, Richard H. Brodhead apologizes to the still anonymous Kim Roberts for her fake 911 call:

"I was asked about the 911 tape involving a racial slur, which only became known late yesterday. I have now had the opportunity to listen to the tape. It is disgusting. Racism and its hateful language have no place in this community. I am sorry the woman and her friend were subjected to such abuse."

----

Nancy GraceMarch 31, 2006 — Nancy Grace of CNN does a "guilty until proven innocent" story about the case:

DAVE FOLEY, DEFENSE ATTORNEY: Well, Nancy, in terms of this, we`re dealing with young people, OK, who are not necessarily familiar with the law, number one. So they need to have their legal rights...

GRACE: You`re kidding, right?

FOLEY: ... protected...

GRACE: You`re -- you`re kidding?

FOLEY: No, I`m not kidding.
----
Rev. Canon Dr. Samuel WellsApril 2, 2006 — Rev. Sam Wells, Dean of the Duke Chapel, gives a sermon in which he denounces the lacrosse team. He discusses an incident with "disputed facts of an ugly evening." An incident rooted in "a disturbingly extensive experience of sexual violence, of abiding racism, of crimes rarely reported and perpetrators seldom named, confronted, or convicted, of lives deeply scarred, of hurt and pain long suppressed. The activists among us shout loudly about reckless drinking, the reputation of particular sports teams, the sense of entitlement, the need to reassess what it means to be a man..."

"The last week has exposed the reality that sexual practices are an area where some male students are accustomed to manipulating, exploiting and terrorizing women all the time – and that this has been accepted by many as a given."
----
April 4, 2006 — Crystal Gail Mangum identifies four assailants at a procedurally flawed police photo ID session. She said the mugshot of David Evans looked like her assailant without his mustache. She was 90% sure that Evans was her assailant. Mangum never told the same story twice about the alleged crime and could not ID any assailants until three weeks after the incident.
----
NewsObserver headlineMike Pressler (left), Joe Alleva (r)
Duke Pres. Richard Brodhead (l), Joe Alleva, Director of AthleticsApril 5, 2006 — Lacrosse coach Mike Pressler is forced to resign. He is told by Duke Athletic Director Joe Alleva that the incident is "not about the truth" any longer. Duke President Richard Brodhead cancels the team's season after authorities unseal a search warrant containing an e-mail from player Ryan McFadyen in which he says he wants to kill and skin strippers. McFadyen is suspended from school. The e-mail is later shown to be part of a running joke based on the American Psycho novel. McFadyen is reinstated in June. Brodhead introduces committees assigned to examine the administration's response to the incident, the lacrosse team's culture, and the overall campus culture.
----
Listening Statement
April 6, 2006 — Duke professors known as the "Group of 88" sponsor an advertisement in The Chronicle entitled "What Does a Social Disaster Sound Like?" It denounces the lacrosse team and expresses concern "about what happened" to Crystal Mangum. It thanks the demonstrators "for not waiting and for making yourselves heard." The slapdash ad described a culture of sexism and racism at Duke that spawned the crime.
----
The Durham Strangler: Mike Nifong
April 7, 2006Mike Nifong demonstrates for Dan Abrams of MS-NBC how Crystal Gail Mangum was grabbed from behind and strangled by a lacrosse player during the alleged assault. Nifong completely fabricated this scenario.
----
Protesters at 610 N. Buchanan Blvd. April 9, 2006April 9, 2006 — A crowd of protesters gather on Sunday at the site of the alleged rape involving members of the Duke lacrosse team. (AP Photo/Karl DeBlaker)
----
Nifong is heckled, hissed, and screamed at during NC Central University forumApril 11, 2006 — Nifong attends an open forum at Mangum's college, North Carolina Central University (NCCU). A mostly black crowd of 700 heckles, hisses and screams at Nifong because he would not agree with a claim that Duke University tampered with the DNA evidence, and because he won't arrest the entire lacrosse team. Nifong needs a police escort to help exit the building after the forum.

The forum mob echoes the sentiment of Chan Hall, a member of the NCCU student government, who told Newsweek that the Duke students should be prosecuted "whether it happened or not. It would be justice for things that happened in the past."
----
Eric Adelson of ESPNApril 11, 2006 — Eric Adelson of ESPN The Magazine writes a wild story in which an anonymous source claims Crystal Mangum was "pretty banged up," "beat up," "hysterical," "there were bruises on her face, neck, and arms" and "there were injuries to the woman’s pelvic area" when she arrived at Duke Medical Center after the incident. All of this is not true. The story is picked up by other news outlets.
----
April 16, 2006 — Protesters and the media gathered in front of the Duke lacrosse team’s house on Easter Sunday.
----
Collin Finnerty
Reade Seligmann and Collin Finnertry

Reade Seligmann Collin Finnerty
April 18, 2006 — Collin Finnerty and Reade Seligmann are indicted for the sexual assault and kidnapping of Crystal Mangum. They turn themselves into authorities at the back of the Durham County Jail. They were handcuffed and driven 15 yards to the front of the jail, where they were then paraded in front of waiting camera crews.
----
Sheriff Col. George Naylor hands out police mug shots of Duke lacrosse player Reade Seligmann to the media.

Durham Sheriff Col. George Naylor (left) hands out police mug shots of Duke lacrosse player Reade Seligmann to the media.


-----


Duke President Richard Brodhead
April 20, 2006 — Richard Brodhead makes an appearance at the Durham Chamber of Commerce meeting, two days after Reade Seligmann and Collin Finnerty are arrested. WRAL-TV quotes Brodhead as saying, “If our students did what is alleged, it is appalling to the worst degree. If they didn’t do it, whatever they did is bad enough." Finnerty and Seligmann just went to a party and drank some beer.
----
New Black Panther party sentry stands at attention for Chairman Shabazz

New Black Panther Party Chairman Malik Shabazz gesticulates menacingly














May 1 2006 — New Black Panther Party demonstrates at Duke University and at the lacrosse house. New Black Panther Party Chairman Malik Shabazz leads chants:
Shabazz: "What do we want?"
Crowd: "JUSTICE!"

Shabazz: "When do we want it?"
Crowd: "NOW!"

Shabazz: "How do we find Duke University?"
Crowd: "GUILTY!"

Shabazz: "How do we find the lacrosse team?"
Crowd: "GUILTY!"

Shabazz: "How do we find Seligmann?"
Crowd: "GUILTY!"

Shabazz: "How do we find Finnerty?"
Crowd: "GUILTY!"
----Asst. DA Shamieka Rhinehart gives Nifong a big kiss after Nifong wins the Democratic primary.
May 2, 2006 Mike Nifong wins the Democratic primary election with 45% of the vote to Freda Black's 42%. Black support enables Nifong to win despite growing criticism about his case against the Duke defendants. ADA Shamieka Rhinehart (above) said of Nifong: "He's a good man. I'm so proud of him."
----
Dave Evans with parentsMay 15, 2006 — One day after his graduation, David Evans is indicted. After surrendering to police he tells reporters the accusations are "fantastic lies" and reiterates that he and his teammates are innocent.
----

Dan Abrams -I don‘t understand how Mike Nifong brought this case. I really don‘t understand it.June 19, 2006 — Dan Abrams of MS-NBC examined the entire 1300 page discovery file for the Duke case and reports that Nifong has no case.

"I don‘t understand how Mike Nifong brought this case. I really don‘t understand it."

"I‘ve seen it all now everything that the D.A. handed over to the defense team, and this case is even weaker than I originally thought."
----

Hal Crwother serves a big bowl of bitterness & hateJune 28, 2006 The Independent Weekly (Raleigh, Durham, Chapel Hill) publishes a front page Hal Crowther article that libels the lacrosse team and bends over backwards to support Nifong.

“To imply that rich white athletes are unsafe in the North Carolina legal system is like saying the Pope can’t get a fair trial in Vatican City.”

Duke history professor Peter Wood joins in bashing the lacrosse team: "A few years ago, a new kind of student began to show up at Duke," recalls Wood, who's had two of the three rape defendants in his classes. "Cynical, arrogant, callous, dismissive--you could almost say openly hostile. They weren't all athletes, by any means. But some of the first ones I noticed were lacrosse players."
----

Cash Michaels and Cousin Jakki aka Clyde YoungJuly 22, 2006 — North Carolina columnist Cash Michaels uses Crystal Mangum's cousin Jakki, aka Clyde Yancey, as a source to report wild stories about Duke alumni offering Mangum $2 million in hush money to drop the case. Michaels claims he was only reporting what he was told by Jakki.The NC NAACP echoes this lie in a legal memorandum. Mangum even says this story is false.
----

NAACP: Duke Lacrosse Update: Crimes and Torts committed by Duke Lacrosse TeamAugust 9, 2006 — The North Carolina NAACP publishes a legal memorandum on their website authored by the NAACP legal redress committee lawyer, Al McSurely, entitled ‘Crimes and Torts committed by Duke Lacrosse Team Players.’ The memo is filled with case-related errors and and is clearly libelous to the Duke lacrosse team. The NAACP leaves it posted on their website until August 2007.
----
Duff Wilson of the New York TimesAugust 25, 2006 — Duff Wilson and Jonathan D. Glater of the NY Times write a 5,000+ word article that attempts to prop up Mike Nifong's sagging case. Dan Abrams of MS-NBC calls the article, “shameful.

It is an editorial disguised as a news story that tries to advance a race-sex-class ideological agenda. It has several glaring factual errors. It says: "an examination of the entire 1,850 pages of evidence gathered by the prosecution in the four months after the accusation yields a more ambiguous picture. It shows that while there are big weaknesses in Mr. Nifong's case, there is also a body of evidence to support his decision to take the matter to a jury." This was a lie. Wilson later recanted his own story.
----
Ben Himan (left), Moezeldin Elmostafa (c), Richard Clayton (rt), Aug 29th
August 29th 2006 — Moezeldin Elmostafa is acquitted of a misdemeanor charge related to a three-year-old shoplifting case that surfaced after the cabbie came forward as an alibi witness for Reade Seligmann. Nifong and his henchmen were intimidating a witness. He was arrested May 1oth.
----
October 15, 2006 — A CBS 60 Minutes lacrosse story by Ed Bradley features an interview where Kim Roberts directly contradicts the statements of Crystal Mangum regarding the alleged rape. Bradley posthumously won a Peabody award for this story.
----
Kim Roberts on GMA, Oct. 30rdOctober 30, 2006 — Kim Roberts tells Chris Cuomo of ABC's "Good Morning America" in an interview that Crystal Gail Mangum told her to "go ahead, put marks on me" after the alleged attack. Roberts said the comments "chilled me to the bone, and I decided right then and there to go to the authorities."


----

November 7, 2007 — Mike Nifong, right, tries to approach Bob Harris, left, play-by-play announcer for the Duke Blue Devils, while visiting a polling location at Temple Baptist Church in Durham, N.C. Harris refused to shake Nifong's hand.

The reported exchange between Harris and Nifong:
You've got to be nicer than that," Nifong said.

"Get out of here," Harris said. "Don't pull this crap."

"This isn't about Duke," Nifong said. "This isn't about Duke at all."

"No," Harris said. "It's about honesty. You're not honest."
----
November 7, 2006 — Nifong defeats Lewis Cheek and write-in candidate Steve Monks to win his DA election bid. He receives 49.5% of the 56,213 votes cast in the hotly contested race. Nifong's race-baiting strategy worked. He received over 95 percent of the black vote.
----
Mike Nifong looks onNifong reveled in his victory: "while receiving props from friends and supporters, the victorious D.A. allowed himself to crow just a little.

When the returns showed a clear margin in Nifong's advantage, a local lawyer went up to shake Nifong's hand and pat him on the shoulder.

'I just wanted to be the first to congratulate you,' the man said.

'You aren't," Nifong said. "Most people went ahead and congratulated me yesterday.'"

Harris Johnson (left)When the final vote totals were confirmed, there was an immediate cheer from the yellow-clad Nifong supporters clustered on one side [of the courthouse]. Shanieka Rhinehart, an assistant district attorney, started a chant of "Let's go Nifong" and others supporters exchanged hugs and high-fives.

"This goes to show that justice can't be bought by a bunch of rich white boys from New York," said Harris Johnson, a former state Democratic party official and Durham resident for 56 years.
----
Brian Meehan (l) admitted hiding evidence under Brad Bannon's (r) cross-examination
December 15, 2006 — Under cross-examination by defense attorney, Brad Bannon, at a pre-trial hearing, Brian Meehan, the director of DNA Security repeatedly admitted that he and Mike Nifong agreed to coordinated an effort to avoid turning over exculpatory information to the defense. This was the dramatic turning point when Nifong's case started completely coming apart.
----
SNL parody of Nancy GraceDecember 16, 2006 — Amy Poehler of Saturday Night Live does a parody of Nancy Grace reporting the Duke case:

"For the false accuser, when they are finally proved to be lying, it’s like being raped all over again—except for the fact that they weren’t actually raped the first time. And in that moment, the phony victim is forced to relive the horror of what she claimed had happened to her, which is not only emotionally wrenching, but almost impossible to do—since, again, it didn’t actually happen to her."

----

Linwood Wilson, Nifong's investigatorDecember 21, 2006 — Nifong sends his investigator, Linwood Wilson, to re-interview Crystal Gail Mangum. This is one day after he received the initial grievance letter from the NC State Bar. Mangum as described by Wilson recants her previous statements. For the first time, she starts using the real names of the defendants. Mangum now remembers that: "Someone opened the door and handed them towels and they started wiping me off, Dave Evans off and wiping up the floor." This new version of the crime wipes clean the significance of DNA evidence.
----

Dave Evans, Collin Finnerty, Reade Seligmann, and Crystal Mangum

December 22, 2006 — Nifong dismissed part of the rape case against three former Duke University lacrosse players after Mangum told DA investigator, Linwood Wilson, she wasn’t certain now if she had been penetrated during the attack. The three men were still charged with first-degree sexual offense and first-degree kidnapping.
----
Mike Nifong
December 28, 2006 — The North Carolina bar filed ethics charges against Nifong. The charges accussed him of saying misleading and inflammatory things to the media about the lacrosse players. Specifically, the charges say: "Nifong engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation."
January 2, 2007 — Nifong is sworn into office at a private ceremony. He amazingly says: "I need to be part of the healing process."
----
Barry Saunders, News & ObserverJanuary 12, 2007 — Columnist Barry Saunders of the News & Observer expresses the viewpoint of Nifong's supporters in the black community. They want a court to decide the matter. — "Accusers, even when they're strippers with possibly faulty memories, have a right to be heard -- once prosecutors ensure that the case deserves to be heard. So let it be heard....That's why we have courts."

Saunders like many people who were incited by this case forgets that the Constitution's Sixth Amendment only guarantees that the accused shall enjoy the right to a speedy and public trial.

----
Nifong asks to be recused from caseJanuary 12, 2007 — Nifong asks to be removed from the case. “He feels, as a result of the accusations against him, that he would be a distraction and he wants to make sure the accuser receives a fair trial,” Nifong's attorney David Freedman told The Associated Press. “He still believes in the case. He just believes his continued presence would hurt her.”
----

Rae EvansJanuary 14, 2006 — CBS 60 Minutes interview: When asked what they would say to Nifong if he were in the room, Rae Evans, the mother of indicted player David Evans, says, "I would say with a smile on my face, 'Mr. Nifong, you've picked on the wrong families … and you will pay every day for the rest of your life.'"
----
Duke's Tenured VigilantesJanuary 20, 2007 — Charlotte Allen, The Weekly Standard: ... it was the Duke faculty that could be said to have cooked up the ambient language that came to clothe virtually all media descriptions of the assault case -- that boilerplate about "race, gender, and class" (or maybe "race, gender, sexuality, and class") and "privileged white males" that you could not read a news story about the assault case without encountering, whether in the New York Times, the Washington Post, or Newsweek for example. The journalists channeled the academics ... The metanarrative they came up with was three parts Mandingo and one part Josephine Baker: rich white plantation owners and their scions lusting after tawny-skinned beauties and concocting fantasies of their outsize sexual appetites so as to rape, abuse, and prostitute them with impunity....
----
NY Post headline: NAIL IN D.A. COFFINJanuary 25, 2007 — NY Post: The prosecutor in the Duke lacrosse case lied to the court and withheld evidence from the defense about the sensational rape charges, the North Carolina state bar charged yesterday...
----

NC NAACP head Rev. William BarberJanuary 29, 2007 — Rev. William Barber head of the NC NAACP is invited to give a Sunday sermon at the Duke Chapel. He defends Crystal Mangum, saying, “What about a society where young ladies even have to consider sexual occupation for financial sustainment, or to use those things as a flawed attempt to gain self-esteem?” He called attention to "the real issue of sexual violence against so many women.” On January 18th Barber had said, "We sincerely believe that the high level of public scrutiny and controversy involved in this matter is unwarranted and threatens to pervert the truth finding process." He asked the defense attorneys to shut up and stop leaking information about the case to the media. Barber said it could contaminate a potential jury pool and heighten community emotions.
----
April 11, 2007 — North Carolina, Attorney General Roy Cooper holds a press conference and declares all three Duke defendants are completely "innocent." He calls Mike Nifong a "rogue prosecutor."
----
April 11, 2007 — David Evans, Collin Finnerty, Reade Seligmann and their attorneys hold a press conference after Attorney General Roy Cooper's announcement.
----
NY Post, April 12, 2007: The Duke Liar - Crystal Gail Mangum
April 12, 2007 — The New York Post published Crystal Mangum's 2003 mugshot on the front page.
----
Durham PD investigator Benjamin Himan: Nifong said the case was ******!June 12, 2007 — On day one of the North Carolina State Bar Disciplinary Hearing Durham PD investigator Ben Himan revealed that Nifong was worried about the lack of evidence early in the case. He quoted Nifong as saying, "'You know we're f*****d"
----
June 12, 2007 — Defendant Mike Nifong listens to testimony regarding his unethical prosecutorial misconduct during the first day of the state bar hearing.
----

DHC Chair F. Lane Williamson reacts to Mike Nifong's Mr. Magoo defenseJune 15, 2007 State Bar Disciplinary Hearing Committee Chairman F. Lane Williamson reacts to Mike Nifong's "Mr. Magoo" defense for his premeditated, contrived, corrupt, unethical, and malicious prosecution of three innocent men.
----
June 15, 2007 On day four of the state bar hearing a teary-eyed Mike Nifong said whatever the outcome of the ethics hearing he will resign as Durham DA. He offered a half-hearted apology to the lacrosse players. Nifong's weak apology was shortlived when two hours later he restated that he thought "something happened that night."
----
June 15, 2007 — Mie Nifong's son and wife watch him offer his resignation on the witness stand.
----
Judge Orland Hudson (l), sheriff going to Nifong's house (r)June 19, 2007 - Judge Orlando Hudson suspends Mike Nifong with pay and asks the Durham County sheriff to confiscate the former prosecutor's keys and courthouse access card. Hudson signs an order, which removes Nifong from office until his resignation becomes effective.
----
James Hardin (l), Linwood Wilson (r)June 25, 2006 — Mike Nifong's chief investigator, Linwood Wilson is fired by new DA Jim Hardin. For over a year Wilson did everything he could to undermine justice and help railroad three innocent men. The next day Judge Orlando Hudson accused Wilson of threatening a witness and violating the constitutional rights of someone in a case not related to the Duke incident.
----Former Durham DA Mike Nifong, talks with his attorney Jim Glover during criminal contempt hearing
July 26, 2007 — Disgraced former prosecutor Mike Nifong issues his third apology to the Duke players at his criminal contempt hearing. He said, "there is “no credible evidence” that three Duke lacrosse players committed any of the crimes he accused them of more than a year ago. It is his first unequivocal apology for prosecuting the bogus lacrosse case.
----Mike Nifong and his dog
August 15, 2007 — Nifong turned in his law license as ordered - but complained that the document wasn't fit for showing off anyway because his dog ate some of it. He also accused the bar of "Fundamental Unfairness." On August 23, 2007, the State Bar sends Nifong a bill for $8897.71 to cover the costs of the depositions and hearing.
----
Judge Smith finds Nifong guilty of contemptAugust 31, 2007 — Superior Court Judge W. Osmond Smith III finds Nifong guilty of criminal contempt after a two day trial. Nifong is sentenced to 24 hours in jail.
----

Stuart Taylor (left) and KC Johnson (rt) on Good Morning AmericaSeptember 4, 2007 — The book, Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case, is released. Stuart Taylor, Jr. and Prof. KC Johnson wrote the definitive book about the lacrosse case. They go on Good Morning America to talk about the injustice.

Stuart Taylor Jr. said: "I think it happened in, most generally, because Mike Nifong, the prosecutor, was desperate to win an election. The reason he was desperate to win an election was not that he wanted to be a big-shot politician or governor. He was worried about his pension."
----
Group of Nifong Enablers
September 7, 2007 — Mike Nifong goes to jail for 24 hours. He is escorted to and from the jail by a group of his supporters in a very strange procession. His mug shot is quickly published around the world.
Mike Nifong Mug Shot------

Brodhead gave a presentation/apology at the Duke School of Law conferenceSeptember 29, 2007 — Duke University President Richard Brodhead apologized at a Duke Law School conference for the school's lack of full support for the three lacrosse players falsely accused last year of raping Crystal Gail Mangum.

It was Brodhead's first public apology for the university's handling of the case. He said:
First and foremost, I regret our failure to reach out to the lacrosse players and their families in this time of extraordinary peril. Given the complexities of the case, getting this communication right would never have been easy. But the fact is that we did not get it right, causing the families to feel abandoned when they most needed support. This was a mistake. I take responsibility for it, and I apologize. [...]
-----

From left: Maj, L.A. Russ, Maj. S.M. Milchaich, Capt. C.M. Allen, Maj L.M. Bjurstrom, and Maj. B.J. Council (summer 2007)October 5, 2007 — The three former Duke lacrosse players wrongly accused of rape filed a sweeping civil rights lawsuit against the city of Durham, a host of police officers, former District Attorney Mike Nifong, and the DNA laboratory hired by the disbarred former prosecutor.
David F. Evans, Collin Finnerty, and Read Seligmann, Plaintiffs v.
The City of Durham, North Carolina, Michael B. Nifong, Mark Gottlieb, Benjamin Himan, David Addison, Linwood Wilson, Steven Chalmers, Beverly Council, Ronald Hodge, Jeff Lamb, Steven Mihaich, Michael Ripberger, Lee Russ, DNA Security, Inc., Richard Clark, and Brian Meehan, Defendants.
-----

Breck Archer, Ryan McFadyen and Matt Wilson file lawsuit against Duke, Durham, Nifong and DNA LabDecember 18, 2007 — ABC News reported:

Unindicted Duke LAX players sue Duke University -- In a filing Tuesday in Federal Court, [three] unindicted Duke Lacrosse players are suing Duke University, the City of Durham, Duke University professors, Mike Nifong and the DNA lab involved in the case.

The suit also names doctors and nurses who treated the alleged victim the night she claimed she'd been raped at a party. The players are also suing City Manager Patrick Baker and former Durham Police Chief Stephen Chalmers. As part of the investigation, the unindicted players had to give up DNA samples and were named in the school paper. [...]
----
Robert Bork, Jr. {left), spokesman for the plaintiffs & Steven HenkelmanRobert Bork, Jr. (left), spokesman for the lacrosse plaintiffs & Steven Henkelman, father of Duke lacrosse player Erik Henkelman speak at a Washington press conference

On February 21, 2008, 38 members of the Duke lacrosse team and several of their parents filed a lawsuit against Duke University, the City of Durham and a number of other defendants for their roles in what has come to be known as the Duke lacrosse scandal.
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Moezeldin Elmostafa receives Readers Digest 2008 Hero of the Year awardOn March 27, 2008, Durham taxi driver Moezeldin Elmostafa received the Reader's Digest 2008 Hero of the Year Award. Peggy Northrup of Reader's Digest presented the award on the Today Show.

Moezeldin Elmostafa was a key witness in supporting Reade Seligmann's alibi. Because he came forward Nifong and his people tried to intimidate Elmostafa by arresting him on an old bogus warrant (for picking up an alleged shoplifter).
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Mangum holds press conference to promote book and renew lies about lacrosse players assaultOn October 23, 2008, Crystal Mangum held a press conference to promote a forthcoming book, entitled The Last Dance for Grace. The Crystal Mangum Story, in which she maintains she was assaulted by the Duke lacrosse players.

At the press conference Mangum states, "I'm not just someone that tried to frame innocent people for sexual assault."

Lacrosse attorney Joe Cheshire said, “Her press conference and her continued assertion that an assault happened is really pathetic . . . She’s clearly doing this to make money. By continuing to lie, she makes everything in the book, everything she says, a lie."

Phil Seligmann, father of former Duke lacrosse player Reade Seligmann, responded to Mangum's press conference by issuing a statement. He said: "Ms. Mangum's 'manuscript' is simply a pathetic attempt to further her need to remain in the public eye at the expense of demonstrably innocent individuals... We are presently evaluating all available legal options. If Ms. Mangum and those associated with her continue to slander Reade, we will have no choice and will not hesitate to utilize those options."
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admin note: This is a *very* large web page. If pictures are slow to load do a refresh or right click an image space and select "view image."
related:
TJN: The Duke Lacrosse Saga in Cartoons
TJN: Duke Case: Index/Timeline [case coverage from March 24, 2006 - Dec. 2007]

Link List — August 20, 2007

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Saturday, August 18, 2007

Link List — August 18, 2007

YouTube Videos in News:
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Friday, August 17, 2007

Link List — August 17, 2007

YouTube videos in the news:

Nifong/Mangum Hoax — August 17, 2007

Updated - items:

KC Johnson:
Week in Review -- As the Michael Vick case moves on, Atlanta Journal-Constitution columnist Terence Moore had an interesting article that brought to mind events of the Duke case...

The reaction to Vick in some quarters of the African-American community brought to mind the blind—and short-sighted— support for Crystal Mangum among some Durham black residents...

As things appear now, those who blindly supported Vick appear to have been misguided—but surely no more than those who blindly, and in some cases gleefully, championed Mangum’s cause...

---------
John in Carolina:
Rickards’ Letter: Duke’s Silent So Far -- In response to a Durham Herald Sun story on fundraising at UNC –Chapel Hill and Duke for the fiscal year ending June 30, 2007, Ed Rickards (Duke ’60, Duke Law ’63) wrote a letter the H-S published last Friday.

The H-S story reported:

Officials at Duke reported Thursday that giving to their school was up about 11 percent, pushing the overall total for the fiscal year that ended June 30 to $380.1 million.

Campus fundraisers credit the figure to the popularity of Duke's efforts to endow scholarships. […]
Rickards' letter reminded readers Duke’s President, Richard Brodhead, and his administration have a pressing need “to proclaim good news in order to survive their handling of the lacrosse debacle.” ...
--------
Herald-Sun
Case casts cloud on Sheriff's Office -- Michael Paul Owens is expected to be sentenced in November on charges of drug trafficking, crimes that could land him in federal prison for up to 20 years. Owens has already pleaded guilty to dealing cocaine out of La Zona, a nightclub on North Roxboro Road where he was part owner.

But Owens is not just another run-of-the-mill drug pusher. While he was trafficking in illegal substances at La Zona, Owens was also supposed to be enforcing the law in his job as a Durham deputy sheriff...
---------
Paul Martin, Guest columnist, Herald-Sun:
Sheriff didn't hide a thing -- An Aug. 15 story in The Herald-Sun seems to imply that the Sheriff's Office is hiding illicit or unethical behavior from the public. Nothing can be further from the truth.

In the first place, all the information mentioned in the article was developed by Sheriff's Office SACNARC investigators. The investigators knew that when the case was adjudicated the information would become public...
---------
Patrick Wilson, Winston-Salem Journal:
Report brings questions about assistant DA -- Review of Marker case unclear as to showing of an exculpatory videotape -- A lawyer working on behalf of the man convicted in the 1995 beating of Jill Marker raised the specter yesterday of disgraced Durham District Attorney Mike Nifong in the way that Forsyth County prosecutors handled the case.

On Tuesday, the city of Winston-Salem released a report of an administrative review of the case by the police department. That review raises new questions about why an assistant district attorney who helped prosecute the case filed a document in court that was not accurate.

Questions also remain about whether the assistant, Mary Jean Behan, showed the defense attorney an exculpatory piece of evidence - a videotape showing that Marker did not identify Kalvin Michael Smith, the man who was convicted, as her attacker during a photo lineup...
--------
Kevin P. Hopper, Hopper law firm, MMDNewswire:
More Scandal in the Durham, North Carolina Legal System -- Durham, North Carolina -- Following on the heels of the recent scandal involving Durham Prosecutor Mike Nifong’s handling of the Duke Rape Case, a Durham family court judge acted today to imperil the life of an innocent eleven year old boy...
---------
Inside Lacrosse:
Men's lacrosse: Caputo named assistant coach at Duke -- Ron Caputo has been named assistant men’s lacrosse coach at Duke, announced on Thursday by Blue Devil head coach John Danowski.

Caputo spent the last four seasons on the Hofstra University men’s lacrosse staff as an assistant coach. He joined the Pride in 2004 as a volunteer assistant coach under Danowski, who served as the head coach at Hofstra from 1986-2006. During Caputo's tenure at Hofstra, the Pride compiled an overall record of 35-28.

"Ron is going to be such a great addition to our staff," said Danowski...
---------
Letter to Herald-Sun:
Praise for Whichard --
I'm writing this letter to praise the selection of Judge Willis Whichard to study the Durham police handling of the Duke lacrosse case. I've known Whichard since we were students at Durham High School. We spent time at Durham Jaycees and Hollow Rock Racquet Club. I know him to be one of the most honest, clear-headed thinkers that's ever come from Durham.

Durham should remember to use Whichard and others like him because they have great insight into Durham. I feel that people will realize what an outstanding place Durham is because of the work of people like Bill Whichard.

BOB COX
Durham
---------
Baldo, LieStoppers:
Let the X Games Begin [cartoon]
---------
KC Johnson:
The Lacrosse Case, Law & the Media -- To date, only one [law journal] article has been published that focuses entirely on the case. Penned by Susan Kosse, an assistant professor at the University of Louisville’s Brandeis School of Law, the article (31 S. Ill. U. L. J. 243) asks, “Do race and class impact media rape narratives?” ...

Kosse’s basic argument: Based on what she observed of the lacrosse case, “media rape coverage leaves much to be desired.”...

In other words, maybe this was a false claim, and maybe Nifong did indict without probable cause and then commit massive misconduct to sustain his case, and maybe the lacrosse players’ professors did advance their personal, professional, and pedagogical agendas on the backs of their own students, but . . . the media should have downplayed these issues and sacrificed the players on the altar of a “victims’ rights” agenda.

That sounds a bit like how the New York Times and the Herald-Sun approached the case.
related:
LS forum:
William L. Anderson e-mail to Susan Kosse --
Prof. Kosse,

I was stunned in the reading of your piece on the Duke case, not because I agreed with it, but rather because of your blatant disregard for the facts of that case. It is amazing to me with all of the information available, that people who actually have time to research the case nonetheless decide that once they have the "narrative" (your term) on which to base the case, then the truth does not matter. In essence, the "narrative" creates the truth, no matter what really might have happened...
---------
NY Post:
DUKE DA: DOG ATE MY LAW LICENSE -- The disbarred prosecutor in the Duke rape case has turned in his law license as ordered - but complained that the document wasn't fit for showing off anyway because his dog ate it.

Mike Nifong, the former Durham County district attorney, mailed the damaged license to the North Carolina Bar Association last week to comply with a ruling that stripped him of his right to practice law because of his unethical handling of the sensational case.

In his letter, he complained that his middle name was misspelled on the license, and added that there is damage to it "inflicted by a puppy in her chewing stage."

"Consequently, it has never been framed or displayed," Nifong wrote in the letter, obtained by the Web site The Smoking Gun...
---------
Keith Olberman, MSNBC:
‘Countdown with Keith Olbermann’ for August 15 -- KEITH OLBERMANN, MSNBC HOST:… but first time for COUNTDOWN‘s latest list of nominees for Worst Person in the World...

The silver to the disgraced and ousted North Carolina prosecutor Mike Nifong of Duke lacrosse infamy. Ordered to hand in his law license, the document he returned to the state featured extensive damage, which he claimed had been done, quoting his letter, by a puppy in her chewing stage?

Your dog ate your law license? What a fitting end...
---------
Alfaonso A. Castillo, Newsday:
Disbarred Duke DA takes final shots -- Former Durham, N.C., District Attorney Michael Nifong, disbarred and disgraced, went down swinging in his final act as a licensed attorney -- blasting state bar officials for their "unfairness" as he surrendered his law license last week.

Nifong was ordered to turn in his license after being found guilty of various ethics violations in a state bar disciplinary hearing in June. The hearing involved Nifong's actions in charging three Duke University lacrosse players, including Collin Finnerty of Garden City, with raping a stripper last year. The students were later cleared.

In a letter dated Aug. 7, Nifong said he was returning, unsigned, an "acceptance of service" for the state bar's order, which he said was modified without his knowledge since he last reviewed it. Nifong said that state bar disciplinary chairman F. Lane Williamson's characterization of the change as a "clerical correction" was "preposterous beyond belief, and is further evidence of the unfairness with which this entire procedure has been conducted."
---------
DukeBasketballReport:
Bad Nifong Reappears -- Mike Nifong is back in the news with an unhappy letter to the state bar decrying “the fundamental unfairness” of the procedures.Hmmm…fundamentally unfair procedure….now why does that sound familiar? Hmmm….

Oddly enough, when his hearing was over, Nifong said he was treated fairly...
---------
John in Carolina:
DPD’s Hodge & “evidence collected” -- In that N&O story we find a subhead,
A police view,
followed by this:
Deputy Police Chief Ron Hodge said Nifong's stepping aside won't change the substance of the evidence collected by the department's detectives that a sexual assault occurred.

Hodge said he thinks that the case will still go forward and that the remaining charges will be prosecuted.

"I don't think it changes anything that we've done," Hodge said. "It just means that we'll have to deal with a different attorney."
My reactions? Wow!
---------
Jonathan Martin, Seattle Times:
DNA evidence overturns Yakima man's rape conviction -- On a fall morning 12 years ago, a woman was nursing her infant in her Yakima home when a man wearing a nylon stocking over his head broke in. He covered her face with a mask, then raped her while her baby wailed in the background.

Ted L. Bradford was convicted of the rape and completed a nine-year prison sentence, but did not stop professing his innocence. DNA, he claimed, would prove him right.

Tuesday, a state appeals court agreed, making Bradford the first person in Washington whose conviction was overturned because of DNA evidence...

The ruling, however, does not end Bradford's case. Kevin Eilmes, a Yakima County deputy prosecutor, said his office would likely retry him based on a confession before his trial and other evidence.

The prosecutor also is considering an appeal to the state Supreme Court, he said...

Thursday, August 16, 2007

Link List — August 16, 2007

YouTube videos in the news:

Wednesday, August 15, 2007

Nifong/Mangum Hoax — August 15, 2007

Updated — today's items:

Joseph Neff & Matt Dees, News & Observer:
Nifong sends in his license -- The former Durham district attorney vents as a panel reviewing police work in the lacrosse case inches along -- One form of resolution in the Duke lacrosse case came last week when former Durham District Attorney Mike Nifong mailed his law license to the N.C. State Bar, ending his legal career.

Another form will have to wait. It could be weeks before a committee even meets again to discuss the police department's handling of the case, let alone finishes its report.

Nifong left with a parting shot, mailing his license with a note decrying "the fundamental unfairness" of how the bar had treated him.

The bitterness in his letter, dated Aug. 7, contrasted with his statements in June, when the bar's Disciplinary Hearing Commission ordered him stripped him of his law license for intentionally and repeatedly lying and cheating during his prosecution of rape charges against three Duke lacrosse players.

Near the end of the June hearing, Nifong said through his attorney that the State Bar had treated him fairly and that he would not appeal the verdict....

source:
N&O: Nifong letter to bar, dated August 7, 2007 [pdf, 1 page]
SmokingGun: Nifong: The Dog Ate My Law License

The North Carolina State Bar
Attenion: Dottie Miani
Post Office Box 25908
Raleigh, NC 27611-5908

Re: The North Carolina State Bar v. Michael B. Nifong
06 DHC 34

Dear Ms. Miani:

Pursuant to F. Lane Williamson's signed order of July 20, 2007, a copy of which I received on July 18, 2007, I am hereby tendering my law license. You will note that it contains a misspelling of my middle name (which I unfortunately did not notice until after my swearing in) and damage subsequently inflicted by a puppy in her chewing stage. Consequently, it has never been framed or displayed.

I am unable to comply with the order that I surrender my membership card, as I have never been sent one. Since I have never encountered a situation in which I needed the card, I have never requested one.

I am also returning, unsigned, the Acceptance of Service for the amended order signed on July 24, 2007, which I received on August 3, 2007. Since the original order was prepared by the attorneys for the State Bar, submitted for review by the parties, and modified after objections were made, ample opportunity was given to include any proposed changes, and the changes incorporated in the amended order were not suggested by anyone. Mr. Williamson's e-mail assertion that the addition of a new conclusion of law based on the request of a Duke University law professor is merely a "clerical correction" is preposterous beyond belief, and is further evidence of the fundamental unfairness with which this entire procedure has been conducted.

Sincerely,
Michael B. Nifong

comment: The dog ate Nifong's license. Did he call poison control?

related:
Herald-Sun [registration required] :
Nifong gives up law license as ordered -- Former Durham District Attorney Mike Nifong is now a former lawyer, too.

Nifong mailed his law license to the N.C. State Bar last week, complying with an order issued July 10 by Lane Williamson, who chaired the Bar panel that disbarred Nifong in June for his handling of the Duke lacrosse case.

The panel accused Nifong of nearly two dozen violations of ethics rules and found him guilty on 11 counts.

In an Aug. 7 letter accompanying his law license, Nifong has sharp words for Williamson's decision to amend the original order to include an omitted count a Duke law professor noticed.

The change, he says, "is further evidence of the fundamental unfairness with which this entire procedure has been conducted."

Near the end of his Bar hearing in June, Nifong said he had been treated fairly...

discussion:
KC Johnson: Nifong Accuses Bar of "Fundamental Unfairness"
LS forum: Nifong: State Bar Unfair...
Fark: Nifong complains about "the fundamental unfairness" of bar...
---------
LieStoppers blog:
"Deja vu all over again" -- he [Nifong] claimed the poor shape of his law license was due to a puppy who chewed on it...

Word quickly spread throughout the community to canine lovers to keep their dogs off the streets. Chief Chalmers could not be reached but the Durham PD promised to investigate the matter fully and has assigned their best District II investigators. Sergeant "No Notes" Gottlieb’s EZ Dry Erase board was wiped clean in preparation and "With What" Himan promised he would buy some film...
---------
KC Johnson:
Nifong, Unfiltered --Mike Nifong’s August 7 letter surrendering his law license combined the pettiness, arrogance, and self-pity that characterized his performance throughout the lacrosse case...

Nifong’s most recent petulant response only confirms the DHC’s wisdom in taking his law license. This is a man who, in his unfiltered form, still appears to believe that he handled the lacrosse case in a procedurally proper manner.
--------

Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape CaseLess than 3 weeks to release - Order now
Amazon.com:
Until Proven Innocent --
“A gripping, meticulous, blow-by-blow account of the whole grotesque affair. It is beautifully written, dramatic, and full of insights, exposing how vulnerable the prosecutorial system is to abuse and how ready the liberal media and PC academics are to serve as leaders of the lynch mob. A must read for anyone who cares about individual rights and justice.”--William Barr, former U.S. Attorney General

“A chilling, gripping account of how our judicial system can go terribly wrong. This is an important book that brings the Duke story to life and exposes troubling facts about our justice system and our citadels of higher learning. You may think you know the Duke story—but you don’t until you read this book.”
—Jan Crawford Greenberg, ABC News legal correspondent and author of Supreme Conflict
---------
Forum topic(s) of note:
LieStoppers forum:
ESPN SOURCE... ESPN Shielding Lying source
-- This source was the originator of many falsehoods that were accepted by the General Public...
ESPN "journalism" is a joke.
--------
Mike McCusker, Crystal Mess blog:
Michael [photo essay] --
What have I got to do to make you love me?
What have I got to do to make you care?
What do I do when lightning strikes me?
And I wake to find that you're not there?

What do I do to make you want me?
What have I got to do to be heard?
What do I say when it's all over?
And sorry seems to be the hardest word.

It's sad!

So sad!

It's a sad, sad situation! ...

Link List — August 15, 2007

YouTube videos in the news:

Guide to the Duke 'Group of 88'

Contents

  • Timeline of events
  • Who paid for the Listening statement?
  • Bogus departmental endorsements, bogus anonymous quotes?
  • Dowd lawsuit
  • Settlement between Duke and families of 3 indicted men
  • Reactions to Group of 88
  • G88 members pre-Listening Statement remarks
  • Clarifying their position.
  • Rational for Listening Statement
  • More attacks by Duke professors against the lacrosse team
  • Original 'Group of 88' faculty members
  • Concerned Duke Faculty (reorganized 'Group of 89')
  • Motion to Change Venue
  • Listening statement
  • Clarifying statement/Open Letter to Duke Community
  • College editorials criticising the 'Group of 88'
  • KC Johnson articles
--------
Timeline of events:

The 'Group of 88' is a group of eighty-eight Duke University faculty members, who signed and published an advertisement they referred to as the 'Listening Statement,' in the independent Duke University student newspaper, The Chronicle, on April 6, 2006.

The advertisement was entitled, "What Does A Social Disaster Sound Like?" The advertisement was published shortly after the start of the Duke University lacrosse team scandal when three members of the 2006 Duke University's men's lacrosse team were falsely accused of raping a black stripper and prostitute, Crystal Gail Mangum, during a team party held, on March 13-14, at the residence of three of the team co-captains (David Evans, Dan Flannery, and Matt Zash).

The Listening Statement advertisement is generally considered to be prejudicial to the presumption of innocence regarding rape allegations made against three members of the Duke lacrosse team. It condemned the lacrosse team in the eyes of the world of being implicated in a sexual assault of a "young women."

The listening statement asserted unequivocally that something must have "happened" to the accuser, and that these members of the faculty had committed themselves to "turning up the volume." The advertisement also said "thank you" to the protesters who had participated in potbanging demonstrations (one with a 'Castrate' banner) against the lacrosse team and who were distributing "wanted" posters of the Duke Lacrosse team throughout the community.

The advertisement signaled to Durham District Attorney Mike Nifong that he had the support of a vocal segment of the Duke faculty as he pursued his fabricated indictments against the three innocent lacrosse players. This emboldened Nifong even further.

The Group of 88 was primarily comprised of faculty from the Trinity College of Arts & Sciences. Group of 88 members were concentrated in the following academic departments:
African & African-American Studies 80%
Women's Studies 72%
Cultural Anthropology 60%
Romance studies 44.8%
Literature 41.7%
English 32.2%
Art & Art History 30.7%,
History 25%.
The Listening Statement and the subsequent statements and actions of the Group of 88 members and their faculty supporters sparked a national controversy.

Shortly after the Listening Statement was published, Duke Chronicle (student newspaper) columnist, Stephen Miller, wrote an article condemning it. The Chronicle, then wrote an editorial saying the Listening Statement was "one example of the instances of radical, inflammatory discourse that obscures what should be our true aim: reasonable discussion."

Supporters of the three accused Duke lacrosse players (David Evans, Collin Finnerty, and Reade Seligmann) led by Prof. Robert David "KC" Johnson of Brooklyn College and a group called "The Friends of Duke University," were early and frequent critics of the Listening Statement advertisement and the anti-lacrosse actions of the 'Group of 88.'

A broad cross-section of liberal and conservative bloggers, columnists, college and commercial newspaper editorial writers, main stream media pundits and personalities joined in condemning the prejudicial and unethical actions of the Group of 88. Some critics of the Group of 88 started referring to them the as the "Gang of 88," because of their continuing campaign of slanderous and unapologetic attacks upon the reputation and character of all of the student athletes on the Duke men's lacrosse team.

The Listening Statement advertisement was posted on the website of the Duke African & African American Studies Department until its removal on November 10th, 2006, following mounting criticism.

The publication of the advertisement violated an ethical trust that exists between students and faculty in a university environment. The group dispensed with the presumption of innocence regarding their students. They also inflicted harm on their own students.

Members of the 'Group of 88' swatted away all these ethical and moral considerations as they used the scandal to condemned their own students and thereby promote their own personal, pedagogical, or ideological agendas.

The lacrosse supporters have sought an apology or some retraction from the Group of 88 regarding their advertisement. Only one member of the Group of 88, math professor Arlie Petters, has publicly expressed regret about the statement’s impact. Petters said in regard to the Listening Statement: “Whenever something causes undue pain to people, then of course that isn’t something I would want to be a part of.”

Prof KC Johnson reported: "two other (tenured) Group members privately apologized, in writing, to lacrosse families—only to retract those apologies when they signed the “clarifying” letter."

On December 15, 2006 attorneys for the three Duke lacrosse defendants filed a Change of Venue Motion that cited the "Group of 88," their "listening statement," and other statements by various Duke faculty members as harmful to Evans, Finnerty, and Seligmann because they "repeatedly condemned the Defendants."

On January 10, 2007, seventeen members of the economics department faculty sent a letter to the Duke Chronicle, student newspaper, expressing their support for the players, and stating in part, "We regret that the Duke faculty is now seen as prejudiced against certain of its own students."

On January 16th, the Group of 88 returned as a reconstituted Group of 89 to publish a defiant statement entitled "An Open Letter to the Duke Community" in which they defended their publication of the Listening Statement. They claimed "a misperception that the authors of the ad prejudged the rape case."

Media personalities such as Bill O'Reilly, Rush Limbaugh, Tucker Carlson, and Dan Abrams have criticized the Group of 88.

Group of 88 members have subsequently issued numerous statements, letters, essays, interviews, and speeches collectively and individually to clarify and defend their position regarding their support of the original "Listening Statement." This body of work to clarify their initial advertisement is varied and contradictory.

Who paid for the Listening Statement?

Prof. KC Johnson: "According to e-mails from April 2006, the ad was paid for by Duke funds, funneled through the African-American Studies Program. This action violated official Duke policy."

Bogus departmental endorsements, bogus anonymous student quotes?

The departmental endorsements listed at the bottom of the Listening Statement are not legitimate. [...]

Questions were raised about the authenticity of the anonymous student quotes used in the Listening Statement. Professor Wahneema Lubiano, author of the advertisement, had the opportunity and the motive to edit the anonymous student statements to make them sound more compelling.

Dowd lawsuit

Filed January 4, 2007 against Duke University and Prof. Kim Curtis, a Group of 88 member, by former Duke lacrosse player Kyle Dowd. Dowd's suit claims Curtis unfairly gave him a failing grade because he was a member of the lacrosse team.

Settled May 11, 2007:

This lawsuit has been settled through mediation to the mutual satisfaction of Kyle Dowd and his family and Duke University, and without any admission by any party of legal liability. The mediated settlement terms are, of course, confidential.

As reflected on Kyle’s transcript, he has received from Duke University a “P” in the Politics and Literature course he took in his senior year.

Settlement between Duke and families of 3 indicted men

On June 18, 2007, Duke University leaders announced they have reached a settlement with David Evans, Collin Finnerty and Reade Seligmann. Writer Stuart Taylor, Jr. believes the confidential scettlement was for $10+ million.
duke.edu:
STATEMENT OF THE BOARD OF TRUSTEES AND THE PRESIDENT OF DUKE UNIVERSITY
--------
Reactions to the Group of 88:

Duke lacrosse player Kyle Dowd is quoted in the book, It's Not About The Truth, by Pressler-Yaeger, as saying the following about the the Group of 88:
If you look at it, their whole argument is, “We only put that ad out there to start a dialogue about these issues.” The only problem is, you are willing to start dialogue but now you refuse to speak to the media, you refuse to speak to us, you refuse to speak to other professors. So you’ve actually decreased dialogue about these topics, which is in complete contradiction to your original goal.

No matter which way you look at it, they’ve failed.
----
[former dean and a professor of law at St. John's University School of Law, and a former judge of the New York State Court of Appeals.]
Duke faculty should be shunned by students --Eighty-eight members of the Duke faculty publicly promulgated a dreadful letter, enflaming a premature and prejudicial atmosphere against their own students. Yet, their conduct is largely shielded from accountability. Equally troublesome, their ironically and suddenly protective university masters executed a confidential settlement to further immunize the Duke cabal from civil liability exposure...
--------
G88 members pre-Listening Statement remarks

LieStoppers forum:
Prof Kim Curtis, Gang of 88 - post made by Kim Curtis on Yahoo group "Durham Responds" on Wed Mar 29, 2006 -
question dawning

The self assurance in the statement issued yesterday by the team that
they will be exonerated by the results of the DNA testing makes me<