Saturday, June 30, 2007

Nifong/Mangum Hoax — June 30, 2007

Updated — today's items:

Kathleen Eckelt RN, FNEKathleen Eckelt RN, FNE; Forensics Talk:
Duke Lacrosse: Will The Slurs Never Stop? Anne K. Ream Opinion Piece -- The opinion piece above, by Ms. Ream, posted on the SATI (Sexual Assault Training Institute) website, is absolutely outrageous!

When are the undeserved slurs of these innocent players going to stop?

These three Lacrosse players were determined by the NC Attorney General to be, not just Not Guilty, but totally, completely, absolutely, without question, INNOCENT!

In my opinion, what this woman is doing, and others like her, is reprehensible. These young men, who have shown nothing but class and dignity this past year, standing strong in the face of a racist community, out for blood, have enough to do to try to repair the extreme harm that was done to them.

They don't need this kind of vindictive, hateful trash being strewn about on the web.

And I'm surprised that it's even printed on, what is supposed to be, a professional website. Is that supposed to imply that all of us who are involved in treating victims of sexual assault agree with this woman? Well, I can tell you right now, we don't.

Further more, I can tell you that among my colleagues and I, who have discussed this quite frequently, we not only disagree, but are down right disgusted by this whole fiasco...

Anne K. Ream, Chicago Tribune:
[republished at (Sexual Assault Training & Investigations)]
The Duke Lacrosse Case: Cheers can't drown out painful truths -- Public brawl over rape allegations reminds us of the price women sometimes must pay for being heard -- We may never know everything that occurred on the night of March 13, 2006, when the Duke lacrosse players threw a team party at an off-campus house. But what we do know is troubling enough...

LS forum: The Duke Lacrosse Case: Cheers can't drown out pain
Tom Ehrich,
We can't ignore lessons of Duke lacrosse case -- I'm not talking about simply closing the book on a rogue DA, breathing a sigh of relief and moving on. Instead, we need to dig deeply into the broader and deeper meanings of these events.

We all have a stake in this learning. The Duke case is more than local drama. It is a high-profile look at an epidemic of accountability-denial...

On the Sunday after rape allegations were revealed, I watched female students express outrage at the way women are treated at Duke, neighbors express outrage at the way hard-partying undergraduates tarnish their neighborhoods, and others express outrage at a jock culture soaked in beer and privilege.

Duke needs to be taking that outrage seriously. It doesn't go away with Nifong's removal. If the women were correct in describing a high incidence of sexual assault by male students, then Duke has a huge ethical issue, not to mention potential exposure to crippling lawsuits.

Moving drunken students out of the tony neighborhood where the notorious lacrosse team party occurred doesn't address the problem of out-of-control drinking or the growing perception of Duke as a party school...
LS forum: Most evil piece of punditry of the hoax, from a minister to boot
KC Johnson: The Bitter-Enders
Jeff Barker, Baltimore Sun:
5 weigh return to Duke lacrosse -- NCAA has extended seniors' eligibility -- Five of the 12 Duke men's lacrosse seniors, including national Player of the Year Matt Danowski and co-captain Ed Douglas from Baltimore, are seriously considering returning to the university and taking advantage of an NCAA-approved extra year of eligibility, according to players and team officials.

The return of those players would preserve a wealth of talent and experience on a team that lost the national title game, 12-11, to Johns Hopkins on May 28.

The waiver, which Virginia coach Dom Starsia has said gives Duke an unfair advantage, was granted May 30 to make up for Duke's 2006 season, which was cut short after now-discredited rape allegations were lodged against three players. There has been speculation since then in the media and at other schools about which players might return.

Duke said it is premature to announce who is returning because some of the players haven't been accepted by graduate programs. Officials didn't dispute that Danowski, Douglas, highly touted defenseman Tony McDevitt and two others have looked into going back...
Christine Rivet, (Waterloo, Canada)
Player stronger after Duke experience -- Zack Greer has become a world-weary veteran whose life experience belies his 21 years.

Last year, his Duke University Blue Devils were embroiled in a scandal that involved three other field lacrosse players falsely accused of raping an exotic dancer...

But Greer, the lone Canadian on Duke's field lacrosse team, endured -- as have his teammates, none of whom transferred to other schools while the Blue Devils' future hung in the balance.

"We grew so much stronger as a family through this. We are a lot stronger and a lot bigger now that it's all over," said Greer before his Whitby Warriors handed the Kitchener-Waterloo Braves an 8-7 defeat in Jr. A Ontario Lacrosse Association play last night.

Greer, a Whitby native, plans to return to the Div. I school in Durham, N.C., for his senior year in September and another shot at a national title...
“He raised Himself up and said to them, “He who is without sin among you, let him throw a stone at her first.” (John 8:7)
Mike Ruffins,
One Christian's View Of Mike Nifong's Fall From Glory -- Most of you already know I live in Durham, North Carolina. In fact, I work right across the street from the Durham County Courthouse and have personally witnessed much of what you have read about with regards to Mike Nifong – the recently disbarred former Durham District Attorney who by his own admission got what he deserved for his role in the Duke Lacrosse case.

First and foremost, the Bible warns us that we will reap what we sow, and Mr. Nifong certainly received just punishment for the prosecutorial misconduct he displayed with regards to the indictment and subsequent investigation of the three Duke Lacrosse players. He has no excuses.

But what troubles me most about the Nifong issue is the “piling on” that I now see. The families say they want to move forward, but are thinking about suing Mr. Nifong. That will certainly not put this whole tragedy behind them. What’s more, lawyers representing the players now want to see Nifong tried for criminal misconduct. One lawyer for the players even said, “Some people will take this as being mean-spirited and kicking somebody when they’re down.” He’s right on that point...
“And if ye will not be reformed by me by these things, but will walk contrary unto me; / Then will I also walk contrary unto you, and will punish you yet seven times for your sins.” — Leviticus 26:23

We are a nation of laws and Nifong should be prosecuted for every law he broke. No more, no less.
Forum topic(s) of note:
NY Post frontpage April 12, 2007LS forum: Crystal's Handwritten Statement 4/06

TJN: Crystal Gail Mangum — Handwritten Statement — April 6, 2006

comment: Crystal Mangum is so confused that she starts her handwritten statement by saying the incident started on May 13th, instead of March 13th. It goes downhill from there.

In her statement of about 938 words Ms. Mangum never uses the word "rape" or "assault." She uses only about 311 words (33%) to describe the alleged crime. She uses the word "sex" three times. She never describes feeling any pain from the attack. She uses no words to describe any emotion. For example, she was never scared or fearful. She uses the word "crying" two times when talking about how the two women reacted. She mentions a 4th attacker "Dan," one time. Dan's "crime" was completely ignored. It was a very transparent fabrication. This statement will become a mandatory training-aid in criminal investigator classrooms.

LS forum: Tara Levicy's Interview Jan 10, 2007 -- Ms. Levicy stated her SANE Certification became effective on March 2, 2006 but did not arrive in her mail until 3/14/2006. She wasn't aware of it until she got home from work on 3/14/2006. Ms. Levicy stated it was the policy of Duke Medical Center that only Resident Doctors or SANE Nurses collect evidence in Sexual Assault cases...

LS forum: Creedmoor Notes -- An Interview with Crystal by [Investigator Ben] Himan where she tells about running away from home and hiding at Floyd Taylor's. Having sex for money apparently with the money going to Floyd. Selling drugs...

LS forum: Zash's Statement to Police 3/16
LS forum: Evan's Statement to Police 3/16
LS forum: Flannery's Statement 3/16
KC Johnson:
Brodhead Wins a Sheldon -- Last week, in the New York Sun, commentator John Leo awarded President Brodhead the 2007 “Sheldon.” As Leo noted, “The award is named for Sheldon ‘Water Buffalo’ Hackney, the former president of the University of Pennsylvania and the Babe Ruth of modern Sheldonism,” and is given to the president who showed the least courage in the previous academic year.

Brodhead’s first public appearance after the arrests of Collin Finnerty and Reade Seligmann was enough to nominate him for the award: he informed the Durham Chamber of Commerce, “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.” No Duke official has ever retracted the statement...
FreeRepublic: Duke president Broadhead's Role in the Non-Rape Scandal
Letters to Herald-Sun:
A double standard

I think Rodney Turner [Letters, June 28] got only a portion of what I was trying to say in my summary of the Duke lacrosse case [Letters, June 21].

I am not "seething with jealousy and envy" at how the case turned out. As a matter of fact, I felt that too much of the case was played out in public by Mike Nifong and then later the defense attorneys. I agree that Nifong should go. I agree the players should not be charged with rape. So what the heck more does he want me to say?

Unlike Turner, I believe this case illustrates a class system in America. I'm not a "left-wing nut" who hates capitalism, but I am always disappointed whenever it's obvious that the only people who get to play are the ones who are able to pay. Is that the intent of our Constitution and Bill of Rights? Is that why we send our men and women to war? So that money can determine justice?

These boys misbehaved in having their wild parties, and this series of unfortunate events is the result. I think it would be a nice gesture if these young men would apologize to their parents, the Duke community and the good citizens of Durham for their costly shenanigans.

Tony Madejczyk
Focus on Nifong misses other important issues

The unfortunate focus on Mike Nifong in the lacrosse imbroglio has only hidden the important issues that remain part of the Duke legacy. We still have not resolved the racial conflicts that emerged over this scandal, nor the issue of sexual exploitation of women, nor how the criminal justice system is held captive by wealth and power, nor how academic priorities are subverted by a dominant athletic culture.

It may be true that these players were declared innocent, but their actions that fateful night were not those of Boy Scouts. While they are not paragons of virtue, they are a likable lot, intelligent, talented and on the whole well meaning. But like the rest of us, they are capable of making mistakes, uttering misogynist and racial slurs and making fools of themselves. They are far from heroic.

But let us not forget that a university is a learning environment. Our chief responsibility is to guide youth towards responsible and moral citizenship. The glee expressed in the demise of Nifong has not advanced this goal. There is work to be done at Duke University. The lacrosse case presents an opportunity to promote better and more ethical leadership.

Let us hear the players, parents, athletic department, university leadership and defense lawyers embrace compassion, forgiveness, and leadership toward making this a better world. We all have a role, and using Nifong as a whipping boy only avoids or delays a realization of our true responsibilities.

[Duke Education professor, "Gang of 88" sympathizer]

discussion of DiBona letter:
Michael Gustafson, Duke Engr. professor: Closing the Möbius
What matters to us?

Where are our values and priorities, my fellow citizens? What does the outpouring of letters to the editor about Mike Nifong and the Duke lacrosse case say about us collectively?

The Nifong/lacrosse matter seems to have generated more letters to the editor in the last year than issues of war and peace, crime, the environment, health care, education, poverty, government services and other current major issues combined.

To me, this is a sad commentary on what matters to us.

Bryan R. Lemons,
(Branch Chief, Legal Div., Federal Law Enforcement Training Center, Glynco, GA)
Civil Liability for False Affidavits -- “Reasonable minds frequently may differ on the question whether a particular affidavit establishes probable cause” and “great deference” is to be given to magistrate’s determination of the matter.1 However, a plaintiff may challenge the presumption of validity afforded a warrant where the issuing judge was misled by information contained in the affidavit that the affiant either (1) knew was false or (2) would have known was false had he not recklessly disregarded the truth. The purpose of this column is to discuss the liability that a law enforcement officer may incur in such situations under 42 U.S.C. 1983, which is one of the primary federal statutes under which lawsuits are filed against state and local law enforcement officers.2 ...
John in Carolina:
N&O “boots” questions -- the News & Observer promulgated the deliberate falsehood that the players hadn’t cooperated with police while suppressing the news they had.

And as much as I deplore most of the NY Times’ Hoax reporting, it wasn’t the NY Times that withheld for thirteen months the exculpatory news the N&O learned in the Mangum/Khanna interview, was it?

“Not true” is not a Stop sign for Sill and the other people who control what “news” the N&O reports; it’s not even a caution light.

I believe the N&O hasn’t given us the “anonymous tip” or any other false explanation for how Khanna got to Mangum because:
1) the N&O was, in the lingo of journalists, “fed a tip;”

2) the tip came from someone very close to the case, such as someone in the DA’s office or on the DPD “investigation team;”

3) that someone undoubtedly assured Mangum she could speak “to the lady from the N&O” without any worry that the “N&O lady” would do anything to upset the case, especially the hopes Mangum had then for a “big settlement” from those rich, white Duke boys;

4) and that the N&O knows the someone who fed it the tip is likely at some time in the not too distant future to testify in a case, criminal or civil, in which the someone will explain how Khanna and the N&O really didn't need to do any "boots on the street hustle."
The complicity involving the N&O and someone(s) on the “Nifong/DPD investigative team” may be much more extensive than what I’ve suggested here...
comment: Thousands of dead journalism professors would turn over in their graves if they read and knew the backstory for the N&O's hoax starting "Dancer gives details of ordeal" article.
Rashida Rawls, (FL)
Other owed apologies in Duke case -- Despite the disbarment of former Durham County District Attorney Mike Nifong and Duke University's financial settlement with the families of the university lacrosse team members who were falsely accused of raping a woman, some believe there are others who took sides in the dispute who should apologize.

Some readers wondered why the Rev. Al Sharpton and the Rev. Jesse Jackson, who spoke out on behalf of the woman who made the false accusations, have not spoken up since the case unraveled.

Should they be held accountable for the Duke students' humiliation, as well? Or were they just trying to bring attention to what they thought was an injustice? ...
Nancy Cook,
Ex-Coach Writes Book on Duke Lacrosse Case [audio]-- All Things Considered, June 29, 2007 · Mike Pressler was dumped as Duke's lacrosse coach when rape charges were filed against three of his players.

The players eventually were declared not guilty, and the prosecutor who pursued the case has been disbarred.

As for Pressler, the notorious case cost him dearly. His team's season was canceled, and he lost one of the most prestigious jobs in the sport.

Now, coaching at Bryant University in Rhode Island, Pressler has written a book about his experiences.
Rusty Jacobs,
Lacrosse Case a Learning Tool for Lawyers [audio] -- All Things Considered, June 29, 2007 · Lawyers in North Carolina are trying to learn some lessons from the botched prosecution of three Duke lacrosse players who were falsely accused of sexually assaulting an exotic dancer.

This week, some lawyers attended a professional development panel to understand how the rush to judgment happened and what they can do to prevent something similar from happening in the future...

Dennis Draughon,
Extreme Makeover: Downtown Durham --

Crystal Gail Mangum — Handwritten Statement — April 6, 2006

Crystal Gail Mangum - police photo Mar. 16, 2006 - enlarged/enhanced
Crystal Gail Mangum, March 16, 2006, police photo
enlarged, slightly enhanced (brightness, contast)

On Monday May 13th, After doing my nails and my hair, I received a call from Tammy, the owner of Angels escort service. Tammy said stated that "there will be a bachelors party at 11 pm tonight, there will be a group of guys and the guys name is Dan Flannagahn. The address is 610 N. Buchanan Blvd. She that that Melissa could call back later, closer to the time of the appointment to give the directions. I then get dressed, and my father took me to Brian's house. When I arrived at Brian's it was about 9:30-10pm. At Brian's house I had two 22 ounce Ice house beers, and I took a shower. Brian and I left his house (at the Bridges of Southpoint) about 10:30, Melissa called around 10:15 to give us directions. She gave directions several times because Brian and I kept getting lost.

I arrived at the party at 11:20 pm. When I arrived I saw about 10 guys surrounding Nikki in the back yard, and they were all holding drinks including Nikki. Nikki and I greeted each other. When we started hugging the guys started screaming "yeah."

4/6/06 6:58 pm [page 1 of 5]
Nikki and i talked for about 5 minutes. She asked me my name and I asked hers. After we exchanged names we began talking about our routine, and how we were going to dance. We both agreed that this was our first time doing a bachelor party. The guys (called Dan, and Brett) showed us to the bathroom. We went into the bathroom and shut the door. "Dan" knocked on the door and asked if wanted a drink. We said yes. He gave us a drink and we continued to talk. Two of the guys started to push their way into the bathroom while Nikki and I were talking. He said "What's the problem" get out here now" There were about 15 guys outside the door screaming "come on show us something" "Let's see some action." Once Nikki and I came out. We began to dance (attempted to) when a guy said that he was going to stick a broom stick up our asses. When he said that, the other guys (about 30) started yelling "Let's fuck these black bitches," Nikki and I started crying. I told Dan that I needed

4/6/06 7:06 pm [page 2 of 5]
my money and I started to get dressed so that we could leave. We ran out to the car screaming and crying "Dan, and Adam followed us to the car and Dan appoligized to Nikki. At that point Nikki told me that they were sorry and that they were going to give us $1200 if we stay. Nikki and I got out of the car and went back into the house. As soon as we got back into the house they were more excited and angry. They were screaming "We are going to fuck ya black bithes". We are going to stick broomsticks up your asses" Nikki and Nikki I started to leave again, and three guys grabbed Nikki, and "Bret, "Adam", and Matt grabbed me they seperated us at the Master bedroom door, while we tried to hold on to each other. Brett, Adam and Matt took me into the bathroom while, the other guys were watching television, and they closed the door slightly. Matt grabbed me and looked at me, he said 'sweetheart you can't leave", He grabbed the back of my neck and said I'm going to kill you nigger bitch if you don't shut up." They were all scream we are going to "fuck this nigger bitch.

4/6/06 7:15pm [page 3 of 5]
They started kicking me in my behind, and my back. Matt stood behind me and bent me over onto my knees and Adam stood in front of me. Adam said I can't do this I'm getting married, and Matt and Brett said "yes, you can do it." Matt started having sex with me in my vagina and he got frustrated because he said he couldn't cum. He had sex with me for about 2 minutes in my vagina. He ten placed his penis in my anus for about 3 minutes. He said "I'm done" come on try some Adam. Adam said I can't do it. Brett said I will. So Brett go behind me while Matt held my legs. When Brett had sex with in my vagina he stopped after about 5 minutes, then he put his penis in my anus for about 2 minutes. When Brett said that he was done, Adam said he was done also. Matt hit me in my face while Dan and Brett kicked me and called me "nigger Bitch. I heard Nikki on the other side of the door and when Adam opened the door she rushed in and helped Adam to get me dressed. They dragged me out to the car because my legs would not move. Nikki said

4/6/06 7:23pm [page 4 of 5]
"What happened girl," did they hurt you." I said yes, and she said that she would get help for me. She wanted to take me to Raleigh and drop me off. but I told her to take me home. She said that she would call the police. she took me to Kroger on Hilsborogh Rd. to call the police. She tried to get me out of her car before the police arrived, but I was afraid to get out. When the police came she pulled me back inot the car, and the police took e to the hospital from Kroger parking lot.


I would like to add that Adam ejaculated in my mouth and I spit it out onto the floor, part of it fell onto the floor after he pulled his penis out.

[page 5 of 5]
Crystal Gail Mangum - April 6, 2006, written statement, page 1page 1 of 5 (click to enlarge)
Crystal Gail Mangum - April 6, 2006, written statement, page 2page 2 of 5
Crystal Gail Mangum - April 6, 2006, written statement, page 3page 3 of 5
Crystal Gail Mangum - April 6, 2006, written statement, page 4page 4 of 5
Crystal Gail Mangum - April 6, 2006, written statement, page 5page 5 of 5

comment: It is a shame that Mangum's full handwritten statment was not released a year ago. A serious statement analysis would have quickly revealed that it is full of "fantastic lies."


Kim Roberts/Pittman Police Statement -- [March 22, 2006]
Linwood Wilson's Investigative Report Dated 12/21/06 -- Linwood Wilson's Dec 2, 2006t interview of Crystal Mangum

Friday, June 29, 2007

Nifong/Mangum Hoax — June 29, 2007

Updated — today's items:

Judge Orlando F. HudsonLieStoppers blog:
Hudson Allows "one final insult to the citizens of Durham County" -- Citing his superior understanding of the law and concern for legal issues, Durham County Senior Resident Superior Court Judge Orlando Hudson continued yesterday's hearing on the removal of Mike Nifong from the office of Durham County District Attorney until Monday in order to allow the disgraced DA the opportunity to resign from office after the end of the State's fiscal year...

Judge Hudson's newfound appreciation of proper service appears to be a reversal from the astute legal understanding he expressed earlier this week...

Legal Genius
Question: What do you call a lawyer with an I. Q. of 50?
Answer: Your honor.
New Prosecutor Assigned to Quadruple Homicide Case -- A new prosecutor has been appointed to oversee a quadruple murder case that disbarred District Attorney Mike Nifong had been handling.

Juan Coleman, 27, Jamel Holloway, 27, Lennis Harris Jr., 24, and Jonathan Skinner, 26, were found shot to death execution-style inside the residence at 2222 Alpine Road on Nov. 19, 2005.

Rodrick Vernard Duncan was charged with the slayings last October. Police continue to search for two other men seen fleeing from the scene after the shootings.

Nifong said he would handle the case personally and would seek the death penalty against Duncan.

After Nifong was disbarred and suspended as district attorney for his handling of the Duke University lacrosse team sexual assault case, Interim District Attorney Jim Hardin assigned the case to Assistant District Attorney Tracy Cline.

Hardin said they will review the entire case file before deciding how to proceed.

KC Johnson:
Cline on Quadruple Homicide Case -- The move raises grave questions about Hardin's willingness to deal with the ramifications of the lacrosse case.
John in Carolina: Nifong vs. Nifong

KC Johnson: The Group in Action [video, 5:54] -- lecture by Group of 88 member Michael Hard...
Forum topics of note:
TalkLeft: So Shines a Good Deed in a Weary World -- [SGT. J.C. SHELTON only honest man in DPD?]
LS forum: Officer Shelton, only honest man in the DPD?
News & Observer:
Mike Nifong: The transcript -- In May 2006, Mike Nifong gave the defense a 12-page report disclosing that DNA taken from the accuser's body did not match that of any member of the lacrosse team. He did not disclose that DNA from unidentified men had been found on her body and underwear, evidence favorable to the defense.

At the Bar disciplinary proceedings earlier this month, Nifong acknowledged that he should have immediately told the defense about the DNA from men not on the lacrosse team.

A transcript of the Sept. 22, 2006, hearing provides examples of Nifong's false statements. Quoted in this excerpt are Judge W. Osmond Smith III, Nifong and Brad Bannon, a defense lawyer. They discuss meetings and a report drawn up by Brian Meehan, director of DNA Security Inc., the private lab that did DNA testing for the prosecutor.
Smith: So his report [Meehan's May 12 report] encompasses it all?

Nifong: 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.

Smith: So you represent there are no other statements from Dr. Meehan?

Nifong: No other statements. No other statements made to me.

Bannon: Just so I’m clear, Mr. Nifong is representing that the facts of the case weren’t discussed in those meetings.

Nifong: That is correct. The facts of the case, other than the fact that we were seeking a, the male fraction DNA.

KC Johnson: 9-22 Transcript

attorney, Betty Tenn Lawrence, left, with client Beth Brewer,at June 28th hearingAnne Blythe, News & Observer:
Nifong doesn't appear at hearing -- On a day that Mike Nifong failed to show for one court hearing tied to his handling of the Duke lacrosse case, a Superior Court judge scheduled a different hearing on a criminal contempt allegation and threatened to arrest the suspended district attorney if he is a no-show.

Judge W. Osmond Smith III, the Superior Court judge assigned to the lacrosse case, entered a strongly worded and narrowly-focused order Thursday telling Nifong there was enough evidence to charge him with willfully making false statements in court.

The notice was entered the same morning that Orlando Hudson, the county's chief resident Superior Court judge, delayed ruling on a petition to oust Nifong because the suspended district attorney told a lawyer of new plans to resign on Monday.

The ouster proceeding and criminal contempt proceeding rarely have been used against prosecutors in this state.

In each case, the judges tapped lawyers in private practice to help prosecute Nifong, who is soon to be stripped of his law license.

Charles M. Davis, a lawyer from Louisburg, will act as Smith's prosecutor in the criminal contempt case. Smith scheduled the hearing July 26 in the Durham County courthouse...
John Stevenson, Herald-Sun
Nifong to be Arrested if No Show -- A judge suggested Thursday that former District Attorney Mike Nifong may have lied about evidence in the now-dismissed Duke lacrosse case, and set a July 26 hearing at which Nifong must explain himself or be fined and possibly jailed for contempt.

Superior Court Judge Osmond Smith, assigned by the state Supreme Court to oversee the lacrosse case, said in a written order that there was reason to believe Nifong "willfully and intentionally made false statements" about DNA results favorable to three Duke students accused of sexually assaulting an exotic dancer last year.

Specifically, Nifong indicated the results didn't exist when he apparently knew they did, according to the judge.

Smith said Nifong's alleged conduct was illegal and disrespectful to the judicial system. He also warned the former district attorney he may be arrested if he doesn't show up July 26 and has no "justification or reasonable excuse" for not being there.

The contempt hearing was requested by a team of defense lawyers, embittered at Nifong for putting their clients through a year of legal turmoil before the lacrosse case finally was tossed out in April and branded a sham by the state Attorney General's Office...
FreeRepublic: Nifong doesn't appear at hearing
TalkLeft: Judge Smith sets Nifong's contempt hearing date

LieStoppers blog:
Loyal Until the End, Stevenson Spins For Nifong

Duke Basketball Report:
Nifong’s Troubles Worsen -- ... Judge Smith has set a contempt of court hearing for July 26 , and is threatening Nifong with jail if he doesn’t show up and explain himself.

The Durham Herald-Sun has had some amazingly biased coverage during this saga, but this paragraph by John Stevenson is just over the top: “The contempt hearing was requested by a team of defense lawyers, embittered at Nifong for putting their clients through a year of legal turmoil before the lacrosse case finally was tossed out in April and branded a sham by the state Attorney General’s Office.”

The emphasis is ours. Why inject emotion into his coverage? It’s not about being embittered. The attorneys are getting paid, and they won.

It’s about holding Nifong accountable for some awful things he’s apparently done...
Mike Rosen, Rocky Mountain News:
ROSEN: Equal sexes before the law -- How the mighty have fallen. To the falsely accused Duke lacrosse players, Durham County District Attorney Mike Nifong once loomed as a powerful and terrifying figure, holding their future in his hands. Early in the affair, those innocent young men got an unhealthy dose of injustice. Now, the tables have been turned and it's Nifong on the receiving end of justice delayed but, fortunately, not ultimately denied.

Wisely and appropriately, the North Carolina State Bar disciplinary committee hearing his case sharply rebuked him and ordered his disbarment. The Duke administrators and faculty members who joined the lynch mob against the lacrosse players will probably avoid discipline but can't escape disgrace.

In broader terms, this scandal should stimulate a reappraisal of gender favoritism in our criminal justice system. The scales of justice are out of balance. At a time when feminist activists who exploit these kinds of issues demand equal treatment for women in combat, they also insist on preferences and deference for "the weaker sex" when women accuse men of crimes.

When police respond to a report of domestic violence in Denver, under the law an arrest must be made. Routinely, it's the man who spends the night in jail. When a woman accuses a man of rape, her name is withheld and his is made public. The rationalization is that without the protection of anonymity, some women might be ashamed to come forward. And the automatic presumption is that all such charges are true in spite of the reality that false charges of rape are often motivated by personal malice or attempts to cover up indiscreet sexual behavior...
Tony Soprano, LieStoppers forum:
Crystal's SORE ASS and SORRY LIES, Gottlieb caught in another LIE! -- Gottlieb said that once the SANE Nurse got Crystal calmed down, she never changed her story from that point on. He said this under oath.


On 4/6/06 this is part of Crystal's detailed official handwritten statement to Police:
Brett, Adam, and Matt took me into the bathroom while the other guys were watching television, and they closed the door slightly. Matt grabbed me and looked at me, he said "sweetheart you can't leave" He grabbed the back of my neck and said I'm going to kill you Nigger Bitch if you don't shut up. They were all scream we are going to fuck this Nigger Bitch.

They started kicking me in my behind, and my back. Matt stood behind me and bent me over onto my knees and Adam stood in front of me. Adam said I can't do this I'm getting married, and Matt and Brett said "yes, you can do it." Matt started having sex with me in my vagina and he got frustrated because he said he couldn't cum, He had sex me for about 2 minutes in my vagina, He then placed his penis in my anus for about 3 minutes.

He said "I'm done" come on try some Adam. Adam said I can't do it. Brett said, I will.
So Brett got behinde me while Matt held my legs. When Brett had sex with me in my vagina he stopped after about 5 minutes, then he put his penis in my anus for about 2 minutes, When Brett said that he was done, Adam said he was done also. Matt hit me in my face while Dan and Brett kicked me and called me "Nigger Bitch. I heard Nikki on the other side of the door, and when Adam opened the door she rushed in and helped Adam to get me dressed. They dragged me out to the car because my legs wouldn't move.
Crystal added to the end of her handwritten statement:
I would like to add that Adam ejaculated in my mouth and I spit it out onto the floor, part of it fell onto the floor after he pulled his penis out.
Note in the above story Matt raped her first.

This is straight from Gottlieb's notes of her description of the attack told to the DPD on 3/16:
... She thinks it was the master bathroom. When she was inside the bathroom, she recalled the door closig, but could not recall which one of the men closed the door. She stated one of the men, Adam stated, "I'm sorry sweetheart you can't leave". At the same time all three men who she could identify by first name only grabbed her. The men were named "ADAM, BRETT, and MATT". She stated Matt grabbed her by her legs and then she stated they forced her head down inside the toilet and wall and began to rape her as she was on all fours. She stated Brett was behind her and was first to sodomize and then rape her. She stated Brett ejaculated and then stated, "I'm done it's your turn". She stated while the sexual assault was taking place they were yelling at here "Fuck this Nigger Bitch" and "Fucking Nigger". She stated that Matt was next to assault her. He attempted to "put it in my ass but it was so sore he started to choke me from behind "because I was screaming so loud." She stated she could not breath and remembered trying to get his arm off from around her throat. She stated she broke fingernails off in the process. (False fingernails that were painted red.)I looked at her right hand and notice four were missing. She stated Matt then penetrated her rectum, and at the same time Adam became excited while he was masturbating off to the side he pulled he up and he stuck his penis around her lips and mouth. She stated she spit the fluid out on the side of the toilet. At that point Matt then moved around to her front side where he penetrated her vaginally. She described the three men as 1) W/M, young, blonde hair, baby faced, tall and lean ...
comment: Many details changed between Mangum's March 16th police interview (as later documented by Sgt. Gottlieb) and her April 6th statement. The Durham investigators intentionally overlooked Mangum's many discrepancies. Pitiful.
1) Who said "sweetheart you can't leave?"
Mangum written statement: Matt
Gottlieb notes: Adam
2) Who raped Mangum first?
Mangum written statement: Matt
Gottlieb notes: Brett
3) Was Mangum strangled or choked:
Mangum written statement: No
Gottlieb notes: Yes
4) Were artificial fingernails lost in struggle?
Mangum written statement: No
Gottlieb notes: Yes
There are also discrepancies between the above versions and the probable cause affidavits. The false accuser, Crystal Mangum, and the Durham police had a different version of this crime for every day in the week.
Duke Hoax: Statement Analysis 3 - latest information
Duke Hoax: Statement Analysis, II
Statement Analysis
The defense noted some discrepancies in a Motion to Suppress...

How Long Did the Attack Last?

90. In the affidavits used to establish probable cause and secure warrants in this case, the State represented that the accuser was sexually assaulted over a 30 minute time period. See, e.g., Discovery at 460 (Probable Cause Affidavit for March 23, 2006). In her handwritten statement, the accuser wrote that Matt assaulted her for 5 minutes, that Brett assaulted her for 7 minutes, did not put a time on the length of Adam’s oral assault, and then describes being beaten before and after the assaults for some length of time. Discovery at 810. However, on September 22, 2006, the District Attorney represented to the court that he did not believe that the entire assault took more than 10 minutes,...

What Did “Nikki” Do?

93. In her statements to the ACCESS nurse, Officer GD Sutton, Officer BS Jones, Sgt. JC Shelton, and on the Sexual Exam Assault Report, the accuser claimed that Nikki stole her money and carried he back into the house along with the attackers. Discovery at 1981, 1304 1308, 1310, 538. The accuser's statement of April 6 mentions none of these things and portrays the second dancer as a fellow victim of the assault who rescued her, rather than helping the men carry out the assault and then stealing her money.


132. Moreover, during the April 4, 2006 PowerPoint Identification procedure, the accuser identifies Collin Finnerty as "the guy who assaulted me. He put his penis in my anus and my vagina." The accuser specifically says that Collin was the "second one" to penetrate her.

133. In the accuser's handwritten statement given to the police two days after her identification of Collin she says that the second assailant to penetrate her was the one who went by the name of "Bret." Discovery at 810.

134. As noted above, on March 16, 2006, two days after the alleged assault, the accuser described "Brett" to Inv. Himan as "chubby." Collin Finnerty, at 6’5” and 215 pounds, would never be described as "chubby."
KC Johnson:
The Meehan Deposition -- As in his testimony at Mike Nifong’s ethics hearing, Meehan was difficult to pin down and overly wordy. But in several key areas, he was damning for Nifong—perhaps even more so than he would be in the hearing itself...

Nifong’s Perjury Trap

Meehan was clear on two points: (1) on May 12, “we first reviewed the information in the case entirely . . . we then went over the report”; and (2) he had a “specific” conversation with Nifong that the May 12 report was not a final report.

Indeed, if these sections of Meehan’s deposition are to be believed, Nifong would seem to have committed perjury both in his unequivocal statement that between May 12 and December 13, he never read the report; and in his deposition claim that he considered the May 12 report a final report, if with the material on the unidentified male DNA included...
LieStoppers: Want -- armed with a guitar
LieStoppers: Hiding the Nifong II
Kathleen Parker,
Hate Crimes and Special Victims: An Un-American Story -- The fallacy of hate crime laws -- the prosecution of which requires a degree of mind-reading not yet available to most Earthlings -- has been cast into stark relief the past few weeks following an interracial rape-murder that has bestirred white supremacists and led to death threats against an African-American columnist.

The spark that caused the firestorm was the brutal rape-murder of a young white couple, Channon Christian and Chris Newsom, who were carjacked last January in Knoxville, Tenn. Five blacks -- four men and a woman -- have been charged in connection with the slayings.

Because the story didn't receive national media attention, some commentators and others have asserted that the media do not treat racial crimes equally...

The perception of media bias is understandable -- and a credible case can be made that the media rushed to condemn the Duke athletes because it fit a recognizable racial narrative, especially in the South. But while race was clearly a factor in stimulating media interest, other factors absent from the Knoxville case -- privilege, town and gown conflicts, politics, underage drinking and the name Duke -- also added to the broader ``story'' appeal ...

Thursday, June 28, 2007

Nifong/Mangum Hoax — June 28, 2007

"I will go to my grave being associated with this case." — Mike Nifong
Updated — today's items:

Aaron Beard, AP/Houston Chronicle:
Nifong a no-show at hearing to consider his removal from office -- He says he will resign Monday -- Disgraced prosecutor Mike Nifong didn't show up Thursday at a hearing to consider his immediate removal as Durham County district attorney, a position from which is has been suspended and already pledged to resign.

But Nifong, who was disbarred for his handling of the discredited Duke lacrosse rape case, told the attorney hired to prosecute his removal that he planned to resubmit his resignation Monday, making it effective immediately.

During a brief hearing, at which no one sat at the defendant's table, Superior Court Judge Orlando Hudson said he would reconvene Monday to either accept Nifong's new resignation or issue an order kicking him out of office.

"I'm not going to make a rush to judgment in a couple of days over Mr. Nifong. This case is going be resolved on Monday," Hudson said. "There is no defense for Mr. Nifong to these proceedings. So, you don't have to guess how this is going to turn out." ...

Special prosecutor Robert Zaytoun(l) confers with Judge Orlando Hudson at Nifong hearingAnne Blythe, N&O:
Nifong says he'll resign Monday -- Hudson said he would decide Monday whether to remove Nifong or accept his resignation...

Betty Tenn Lawrence, a lawyer for Brewer, this morning urged Hudson to oust Nifong and not allow him to resign.

But Hudson said was not sure whether Nifong had received official notice of today's hearing and thus was continuing the proceeding until Monday. Hudson said he wanted to make sure he followed the correct legal process...

Newsday: Duke DA Nifong to resign Monday Nifong No-Show At Hearing, Contempt Court Date Set

LS forum: Nifong Hearing 06-28-2007
LS forum: Nifongs Contempt Hearing
KC Johnson: Nifong Hearing
KC Johnson: Smith Sets Date

FreeRepublic: Nifong a no-show at removal hearing
Free Republic: Judge Finds Probable Cause Against Mike Nifong
TalkLeft: Judge Smith sets Nifong's contempt hearing date
Superior Court Judge W. Osmond Smith III a/k/a OzWRAL:
Judge Finds Probable Cause to Proceed With Nifong Contempt Charges -- The sole judge who presided over the Duke lacrosse case has found probable cause to proceed with criminal contempt charges against for former Durham County District Attorney Mike Nifong.

In the order issued Thursday, Durham County Superior Court Judge W. Osmond Smith III said he had found probable cause to believe Nifong "willfully and intentionally made false statements of material fact" during a hearing held last year. He set a court date for July 26.

Meanwhile, a hearing to determine whether the disbarred prosecutor should be removed from office was continued until 11 a.m. Monday, pending his resignation.

Wake County attorney Robert Zaytoun said Thursday morning he talked to Nifong, who indicated his intention to submit a letter of resignation to the governor on Monday. It would be effective immediately...

WRAL [video]
LieStoppers blog:
Smith Appoints Special Prosecutor -- and pursuant to its inherent authority, the Court, in its discretion, hereby appoints Charles M. Davis of the Franklin County Bar as Special Counsel to prosecute the pending action against Michael B. Nifong arising from the Order to Show Cause...

LieStoppers blog:
Upon motion of the defendants and on its own motion, the Court finds probable cause to believe that you should be held in criminal contempt of court for your willful behavior committed during the sitting of the Court in its immediate view specifically, that while appearing before the Court in your capacity as District Attorney in the prosecution of these actions, you willfully and intentionally made false statements of material fact to the Court on September 22, 2006 by representing to the Court that the May 12, 2006 report of Dr. Brian W. Meehan as provided to the defendants included all of the statements made by Dr. Meehan to you regarding the results of all examinations and tests conducted by DNA Security Inc. and that there was nothing else to provide; and in doing do, you thereby failed to disclose the existence of material exculpatory and impeachment evidence within your knowledge that the defendants were entitled to under our laws of discovery. This behavior is in violation N.C.G.S.5A-11(a)(2)...
Mike Nifong State Bar Ethics Hearing Depositions -- Depositions from witnesses in the North Carolina State Bar ethics hearing regarding former Durham District Attorney Mike Nifong's handling of the Duke lacrosse sexual assault investigation.

Benjamin Himan Deposition [217 pages]
May 8 deposition of Durham Police Investigator Benjamin Himan, the lead investigator of the Duke lacrosse case.

Mike Nifong Deposition (Part 1 of 2) [282 pages]
May 17 deposition of Durham County District Attorney Mike Nifong about his prosecution of the Duke lacrosse case. (Part 1 of 2)

Mike Nifong Deposition (Part 2 of 2)
May 17 deposition of Durham County District Attorney Mike Nifong about his prosecution of the Duke lacrosse case. (Part 2 of 2)

Brian Meehan Deposition [151 pages]
May 22 deposition of Dr. Brian Meehan, the director DNA Security Inc., a private laboratory hired to test DNA evidence in the Duke lacrosse case.

Linwood Wilson Deposition
May 23 deposition of Linwood Wilson, the head investigator for the Durham District Attorney's Office.

Mark Gottlieb Deposition
April 19 deposition of Durham Police Sgt. Mark Gottlieb, Duke lacrosse lead investigator Benjamin Himan's supervisor.

Michael Ripberger Deposition [28 pages]
April 19 deposition of Durham Police Lt. Michael Ripberger, Sgt. Mark Gottlieb's supervisor.
LS forum: Himan/Wilson/Ripberger depositions...

LieStoppers blog:
Betty Tenn Lawrence at the NC Institute for Constitutional Law
-- Liestoppers' Betty Tenn Lawrence appeared alongside Duke University Professor of Law James Coleman, NCCU Professor of Law Irving Joyner, Duke University Professor of Law Michael Tigar, and Nifong attorney David Freedman at yesterday's NC Institute for Constitutional Law CLE program entitled, "Prosecutorial Misconduct in Light of the Duke Lacrosse Case." A summary of Ms. Lawrence's presentation follows.
Hello. I am very proud to be here today, as a continuing legal education presenter in such great company, and especially proud to be asked to do so by the NC Institute for Constitutional Law. I have never been prouder in my life than I am to come to you today as Beth Brewer’s lawyer...
Anne Blythe, News & Observer:
Judge might fire Nifong -- Petition for ouster gets hearing today -- Mike Nifong could be officially out of a job today.

Whether or not the suspended district attorney is in the courtroom, Judge Orlando Hudson said late Wednesday that he would move ahead with a petition calling for Nifong's ouster.

Robert E. Zaytoun, a Raleigh lawyer, will prosecute the case for Hudson in a hearing scheduled for this morning, employing a rarely used process that allows judges to remove district attorneys whose misconduct has been prejudicial to the administration of justice.

Beth Brewer, a Durham resident, asked Hudson in February to remove Nifong from elected office. It was not until last week, after the N.C. State Bar ruled that the prosecutor should be stripped of his law license and disbarred for his handling of the Duke lacrosse case, that Hudson agreed to proceed.

Nifong had planned to stay in office until July 13, a timeline that sparked an outcry from his critics.

Hudson suspended Nifong with pay and asked the Durham County sheriff to confiscate the former prosecutor's keys and courthouse access card.

Until an official ouster, though, Nifong continues to draw his annual income of more than $133,000....
Nifong may be ouster no-show -- Former Durham District Attorney Mike Nifong isn't expected to fight an effort today to oust him permanently from office and immediately cut off his $111,646 state salary.

In fact, it's doubtful Nifong will even show up at the hearing, officials said Wednesday.

"It's my belief that he won't be here," said Superior Court Judge Orlando F. Hudson, who will preside. "He could show up, but I don't know. He's made no attempt to contact us or respond to us."

On Monday, a deputy sheriff tried to serve notice of the hearing at Nifong's house, but he wasn't there. His wife, Cy Gurney, wouldn't accept the paperwork, Hudson said. So the deputy posted the notice on Nifong's door.

Some legal observers suggested Wednesday that leaving the notice on a door was insufficient, since the law requires serving Nifong in person.

The same observers said the notices must be delivered at least 10 days before a scheduled hearing. Nifong's was left at his house three days in advance...
DA Jeff Hunt -  Henderson, Polk & Transylvania Counties, NCJohn Harbin, Times-News/
Hunt: Nifong crossed the line -- District Attorney Jeff Hunt discussed his feelings about disbarred Durham County District Attorney Mike Nifong and the role of district attorneys in the judicial system Wednesday at a meeting of the Henderson County Republican Men's Club.

Hunt told members Nifong got into trouble by having an indictment issued in a case that should not have been prosecuted.

Nifong, who has been suspended as Durham County District Attorney for his handling of theDuke lacrosse rape case, was the first prosecutor to be disbarred since 1996. About three quarters of disbarments over the past decade came from financial misdeeds, such as taking money from a client or law firm.

"Nothing can fully correct the wrong for the Duke players," Hunt said. "The justice system has been bruised, but is still working." ...
Austin Criminal Defense Lawyer blog:
A Prosecutor's Take on Mike Nifong -- the short answer is that I guess he pretty much deserves whatever he gets...
Jeff Emanuel,
The Lives of Others: Sacrificing the ‘great unwashed’ for political gain a hallmark of the political Left -- We are seeing brazen hubris and revolting amorality throughout American politics, but examples of blatant disregard for devastating individual lives, careers and reputations appears to be a specific, identifiable trait of the Left. -- Only a few days ago, after a year of pain, anger, and deceit, and the ruination of multiple innocent lives, justice was finally done in a North Carolina courtroom: Mike Nifong, the disgraced former District Attorney from Durham, was found to have committed “a clear case of intentional prosecutorial misconduct,” complete with “dishonesty, fraud, deceit and misrepresentation” in his prosecution of three innocent young men for rape, and was ruled ineligible to practice law in that state any longer.

The conclusion to this case was both correct and deserved. However, the case itself demonstrates a very dangerous and unfortunate characteristic shared by much of the political Left in this country – namely, the willingness to trade others’ lives for personal political gain, regardless of the circumstances involved or of the effect that such actions might have on the victims...
Letters to Herald-Sun:
Picked wrong side

Looks like Tony Madejczyk [Letter, June 21] is upset that he backed the wrong horse in Mike Nifong and Durham's agenda-driven race to railroad some innocent. rich, white males. He, like a few other twisted individuals, still blames the players.

Does anyone ever blame a rape victim for being raped? Then why blame this on the true victims?

Seething jealousy javascript:void(0)
Publish Postand envy eats at those who still blame the lacrosse players. These individuals were foaming at the mouth anticipating the mileage they could get out of saying to their left-winged, nut friends, "See, I told you those rich, white, privileged, male Duke students are bad."

Well, who looks like the fool now? I'm sorry that Madejczyk is so eaten up with envy that he cannot see the true victims in this fiasco.

However, I'm sure there is some politically correct "victim" class that will pop up soon.

Players started it

First, a quote: "Since when do you have to agree with people just to defend them from injustice?" (Quoted from "Bits & Pieces on Leadership.")

Second, I didn't invite the lacrosse players here, but they came and were well on their way to a victorious season. But, being the misguided, misdirected, (mostly) spoiled souls that they were, they chose to create havoc in a residential neighborhood, drinking away their parent's money and wasting more of it on a "stripper" to satisfy their sexual longings.

What they did started something Durham did not ask for. In doing so, they have created a monster, but I have not heard one of them apologize for what they started. And now they, their attorneys and their parents want to sue everyone in sight.

Now their former coach is trying to get rich by publishing a pile of trash and has the audacity of claiming his Yankee friends look at our state as a disgrace. If so, the problem lies with him as their former coach, their parents, their attorneys and ultimately the players.

I, like all other Durham citizens, are ready for these "Northern immigrants" to return to wherever they came from and never return. They will not be welcome. It is also hoped that Duke will quickly find a replacement for President Richard Brodhead.

But mostly, an apology from the players would do a world of good.

KC Johnson:
Nifong Deposition: Personal Issues -- Beyond specific issues related to the case, the Nifong deposition contained a number of intriguing personal revelations about the former DA. At various points during his two days of questioning, Nifong revealed himself to be:
  • a prosecutor who was at best indifferent to gathering all the evidence or even doing the basic of his job;
  • a figure who appears to believe that once a crime is charged, it is basically impossible to prove innocence;
  • a candidate who was flexible with his personal and campaign finance matters; and
  • a person who held deep grudges that he couldn’t conceal even with his career on the line...
Bull City Rising blog:
Durham PD search: Saunders; the head, Hodge? -- In case you missed it: in his Tuesday N&O column, Barry Saunders took an interesting spin on the Durham Police Department chief search:

"Hire Ron Hodge, cuz he can whoop his kid." . . .

If you buy into Barry Saunders' argument, Ron Hodge demonstrated leadership by righting whatever was wrong in his son's life, at the wrong end of a nightstick as it were. If that's the case, bully for him.

But at this point in Durham's history, we need a police chief who can demonstrate he's a leader on the job, too. Perhaps a full reckoning of his career and accomplishments in light of his co-finalists' will indeed show that man is Ron Hodge. Based on the incredible faux pas earlier this month, though, I'm not counting on it.
Thomas Lifson,
Mike Nifong, fugitive? -- WRAL television in Raleigh, NC is reporting that there is some doubt locally whether or not Mike Nifong will show up for his court hearing tomorrow.
A hearing to remove former Durham County District Attorney Mike Nifong from office is scheduled for Thursday, but the disbarred prosecutor might not show....
I realize it will never happen, but I cannot think of a segment I would rather see on America's Most Wanted, soliciting viewer's help in tracking down Mike Nifong, fugitive.

Wednesday, June 27, 2007

Nifong/Mangum Hoax — June 27, 2007

Updated — today's items:

Removal Hearing Set for Nifong, But Will He Show? -- A hearing to remove former Durham County District Attorney Mike Nifong from office is scheduled for Thursday, but the disbarred prosecutor might not show.

"Mr. Nifong's wife informed one of my officers earlier in the day that Mike had taken his guitar and left, and she didn't have any idea when he'd return," Capt. Bill Wrenn with the Durham County Sheriff's Office said.

Deputies tried to serve a notice for the hearing, in response to a civil complaint, on Monday but had to leave it at his door.

Neighbors told WRAL they have not seen Nifong, nor has the special prosecutor preparing for Thursday's hearing.

"I have not spoken with him," Robert Zaytoun said. "I would have liked to have spoken with him, but I haven't yet." ...

Tamara Gibbs, ABC11-TV/WTVD:
Nifong's Removal Hearing Thursday -- By this time tomorrow - Mike Nifong could be permanently removed from office. A citizen complaint against the disbarred DA will play out in court Thursday morning.

Even though Nifong is suspended with pay, court officials say they have to remove him "by the book."

Whether he'll be in court to defend himself is still a bit of a mystery. That's because Nifong doesn't have to attend tomorrow's hearing. Sources tell Eyewitness News it's unlikely he'll be there...

LieStoppers blog: ... Will He Show?
LS forum: Took his guitar and left?
LS forum: Nifong's Removal Hearing Thursday, Will he be there?
FreeRepublic: Removal Hearing Set for Nifong, But Will He Show?
Jon Ham, Right Angles: The Nifong Blues
Album - 'Thinkin' About You by Trisha YearwoodSAD COUNTRY SONG
On a Bus to St. Cloud by Trisha Yearwood.

On a bus to St. Cloud, Minnesota
I thought I saw you there
With the snow falling down around you
Like a silent prayer
And once on a street in New York City
With the jazz and the sin in the air
And once on a cold L. A. freeway
Going nowhere
And it's strange, but it's true
I was sure it was you
Just a face in the crowd
On a bus to St. Cloud

In a church in downtown New Orleans
I got down on my knees and prayed
And I wept in the arms of Jesus
For the choice you made
We were just gettin' to the good part
Just gettin' past the mystery
Oh, and it's just like you, it's just like you
To disagree
And it's strange but it's true
You just slipped out of view
Like a face in the crowd
On a bus to St. Cloud.

And you chase me like a shadow
And you haunt me like a ghost
And I hate you some, and I love you some
But I miss you most...
Anne Blythe, News & Observer:
Nifong's lawyer: Prosecutors, defense must communicate -- David Freedman, the Winston-Salem lawyer who represented Mike Nifong before the N.C. State Bar, told a roomful of colleagues today that a key lesson from the Duke lacrosse case is the importance of communication between prosecutors and defense lawyers.

Freedman was part of a panel pulled together to discuss “Prosecutorial Misconduct in the Light of the Duke Lacrosse Case,” a program sponsored by the N.C. Institute for Constitutional Law at the McKimmon Center at N.C. State University.

In the lacrosse case, defense lawyers complained that Nifong refused to meet with them to discuss alibi evidence.

Had those discussions occurred, legal experts have said, the case might not have proceeded and Nifong’s career might not have come to a crashing halt as it did last week...
packed house at Prosecutorial Misconduct forumKeneth Moton, News 14:
Forum discusses Nifong's conduct -- Wake County District Attorney Colon Willoughby says in light of the Duke lacrosse case, he feels district attorneys across the country have learned quite a bit.

“I think prosecutors are getting lots of scrutiny and I think it's important and I think it's good that our criminal justice system get closely scrutinized,” said Willoughby...

KC Johnson: Freedman: Communication Matters
Ed Koch (former mayor of NY City),
Justice Prevails In North Carolina -- The 88 Duke professors who signed a statement during the earlier proceedings condemning the lacrosse team students without allowing the students the opportunity to present their case should admit error and apologize to the students. Their statement said, “This is a social disaster. No one is really talking about how to keep the young woman herself central to this conversation. Regardless of the results of the police investigation, what is apparent everyday now is the anger and fear of many students who know themselves to be objects of racism and sexism.”

Every law school in the nation should show the disciplinary hearings to teach how prosecutorial injustice can destroy lives and how lawyers devoted to pursuing justice can perform near miracles, if given the resources to fight for their clients.
Chris Freind, The Conservative Voice:
Jail Nifong - And Fire Duke's President
-- Another chapter has closed in the Duke lacrosse debacle, but several more need to be written in order for true justice to be served. The nefarious district attorney, Michael Nifong, was just disbarred for "intentional prosecutorial misconduct" and apparently will not appeal the decision...

So much for truth, justice and the American way, Mike.

I'm betting the reason Nifong won't appeal is because he's trying to "make nice" so that he stays out of jail.

Does anyone else see the irony? A man who willfully tried to put innocent citizens behind bars solely to advance his own political career is now soiling his trousers over the prospect of picking up the soap in the slammer. The difference? He's actually guilty.

The other coward in this case that has skated free of criticism for far too long is Duke University President Richard Brodhead. My true thoughts of this sycophant would be unprintable, so I'll try to be professional...

His actions and words in essence vilified the accused, making them pariahs on and off campus...

He is a huge coward who ignores the rule of law when it makes his job challenging or makes for a situation where his precious university is scrutinized...
Christopher Hill & William
(Christopher Hill & William Webster work on the ACLU’s Capital Punishment Project)
D.A.s Running Wild -- There’s a childhood saying that “cheaters never win.” And while prosecutors who break the rules may not always see victory, they rarely lose everything. Unlike Duke Lacrosse prosecutor Mike Nifong, they usually do not lose their livelihood, professional standing or reputation. The defendants at their mercy, on the other hand, could end up paying the highest price—their lives—and sometimes do...

These situations are not, unfortunately, aberrations. Similar situations occur more often than they should, and not only in North Carolina. The withholding of evidence has sentenced people to death in Texas, Louisiana, Idaho and elsewhere. Not only have countless innocent citizens been charged and convicted of crimes, but some, like Carlos De Luna, were even executed as a result of prosecutorial misconduct...
Holly Hill Hospital: Depression...Anxiety...Stress...Bipolar Disorder...Alcohol Abuse and DependencyKC Johnson:
Assorted Deposition Items -- The Nifong deposition also made public for what I believe is the first time the Raleigh mental hospital that treated Crystal Mangum in 2005. Nifong stated that Mangum spent time in Holly Hill Hospital ...
(MN) Star-Tribune:
Letter of the day: Jones should do research before writing --
In his rush to ridicule "conservative cheerleaders" and criticize "rich white kids," Syl Jones failed to thoroughly research the Duke lacrosse hoax before writing his June 24 commentary.

Jones portrayed the falsely accused as unremorseful over having attended the party. However, as early as March 28, 2006, the players made a statement expressing their "sincere regret over the lapse in judgment in having the party on March 13 which has caused so much anguish for the Duke community and shame to our families and ourselves." Additionally, the players have repeatedly spoken out about what they've learned throughout the past year and how they hope this case will highlight problems within the criminal justice system.

I am also troubled by Jones' statement that "something did happen" at the party. Instead of hiding behind ambiguous statements, Jones should have explicitly stated what he believed the players were guilty of and provided evidence for his claim. It is this ambiguity that has allowed those who wish to blindly vilify the players to make insinuations without having to provide any evidence.

The Duke lacrosse case has shown how out of control a false accusation can become. While I doubt that any Duke lacrosse player will ever again hire a dancer or host a raucous party at which underage drinking is present, writers like Jones seem all too willing to ignore the lessons of the past year, and instead continue to make baseless accusations and presumptions about the lacrosse players.


KC Johnson: Responding to Syl Jones (and Nifong)
Michael Gaynor,
Duke case: Racial discrimination at Duke -- "Duke's actions were purposeful and harmful, and in some cases unlawful and even evil. Simply because the lacrosse players were strong enough to withstand Duke's heinous actions should not free Duke from blame and punishment."

So wrote a parent of an unindicted member of the 2005-2006 Duke University Men's Lacrosse Team...
Michael Gaynor,
Duke Case: Sue, Say NO to Confidential Settlement -- Hoping that people like Mr. Brodhead and the 88ers will just step back, ask themselves how Duke's faculty and administration got so far off the track, recognize their responsibility and repent is unrealistic. To believe it, one would have to be as gullible as Mr. Brodhead and the 88ers. --

The "fiasco" was a horror for the members of the 2005-2006 Duke University Men's Lacrosse Team and their families, so there is a tendency to think whatever they decide to do and not to do is fine.

If they were the only victims and the circumstances that led to their suffering had been remedied, NOT indulging that tendency would be hard to fathom...
John Stevenson, Herald-Sun:
Wilson says he doubted accuser -- Investigator Linwood Wilson warned former District Attorney Mike Nifong a year ago that the accuser in the Duke lacrosse sex-offense case should be given a lie-detector test, but Nifong refused, according to a sworn deposition given by Wilson last month.

In his deposition for the N.C. State Bar, Wilson quoted Nifong as saying, "I don't polygraph victims, especially sexual assault victims ... and make those victims think that I don't trust them or believe them."

But as it turned out, the state Attorney General's Office said in April the lacrosse accuser was so inconsistent and contradictory that she could not be believed...

The Herald-Sun obtained a copy of Wilson's deposition Tuesday from interim District Attorney Jim Hardin Jr., who last week received a gubernatorial appointment to temporarily replace the resigning and soon-to-be-disbarred Nifong...

Speaking through his lawyer on Tuesday, Wilson said he approached Nifong immediately after the Dec. 21 interview and warned him, "You need to get rid of this piece of crap [the lacrosse case] as fast as you can. She [the accuser] has told me an unbelievable story. She is not credible. She is volunteering for a polygraph, and we need to do it."

Battaglia related Wilson saying, "Mr. Nifong just listened, but I could tell he wasn't happy with what I was saying. I wasn't sure if he was mad at me for telling him what I thought, or if he was made at her [the accuser]."

However, lacrosse defense lawyers -- as well as the State Bar -- have questioned whether Wilson's interview with the woman was doctored in a last-ditch attempt to hold the lacrosse case together.

For example, the dancer had previously indicated she didn't know her alleged assailants by their real names.

But when Wilson interviewed her, she identified one of the men as David Evans -- the actual name of one of the then-indicted suspects.

"And the reason I remember that is because she had pretty much told [me] that she didn't know these people by their names and now all of a sudden she's telling me that this guy is Dave Evans and it was Dave Evans," Wilson said in his deposition.

"Did you ask Ms. Mangum how she knew that that was Dave Evans?" State Bar prosecutor Katherine Jean queried.

Wilson: "I did, and she said she recognized him."

Jean: "Did she say from where she recognized him?"

Wilson: "I didn't go there...." ...

In his May deposition, Wilson summarized his December interview with the lacrosse accuser this way: "I knew from talking to her that I was hearing stuff I had never heard before or read before. ... I was questioning whether or not she was telling me what really happened that night or if she was trying to fill in the blanks."
LieStoppers forum: Linwood Bailed! -- man the Lifeboats every man for himself...

KC Johnson: Linwood Bails on Nifong -- Wilson's claim to have been troubled by the Dec. 21 interview emerges at a convenient time for the former investigator. The alternative interpretation of events would suggest that the interview itself was a poorly structured frame executed by Wilson and Nifong--an interpretation, of course, that could expose Wilson to possible criminal charges down the road. Either way, however, Wilson's change of heart is more bad news for Nifong's hopes of avoiding a criminal inquiry into his own behavior.

Jon Ham: Nifong should have listened to Linwood
TalkLeft: Wilson to Nifong - You need to get rid of this piece of crap...
Forum topic(s) of note:
LieStoppers forum:
Who got to Crystal?
-- Crystal claims $2000.00 was stolen from her - she also claimed Kim participated in the sexual assault and stole her money.

Someone cleaned her story up and made it so it was Made for Durham. I think she had help with that. I think someone said the $2000.00 was problematic - and Kim couldn't be accused...

Mar 14th incident reportMar 14th incident report - part 2

Nifong & Mangum in OzLieStoppers forum:
Where is Mikey Nifong? -- This is NOT confirmed. One local media person told me it is believed he's receiving Medical Treatment...

Issues the Nifong's considered:

1. Insurance. He is still covered. Today.

2. The 13th may have some effect on pension or benefits Maybe.

3. Hudson will delay the hearing. There no choice. Even if Nifong goes, or a lawyer goes for him, he can get a delay to get well enough to prepare and defend himself.

Or, maybe he is just sick, with no strategy....
John Stevenson, Herald-Sun:
Judge blasts fired investigator -- A day after Linwood Wilson was fired as an investigator for the District Attorney's Office, Durham's top judge blasted him Tuesday for allegedly threatening a witness and violating the constitutional rights of someone in a case that had nothing to do with the now-dismissed Duke lacrosse sex-offense incident.

Superior Court Orlando F. Hudson wrote that shooting charges against Breon Beatty must be dropped because Wilson, along with Chief Assistant District Attorney David Saacks, unconstitutionally pressured another man to testify against Beatty.

Hudson had issued an oral ruling to that effect last month, but his written order on Tuesday -- using even stronger language -- made the earlier mandate official.

Wilson also had an investigative role in the Duke lacrosse case, which included similar allegations of witness intimidation by authorities. Wilson denied those allegations at the time.

The lacrosse case was squelched in April by the state Attorney General's Office, which declared three suspects innocent and said they had been unfairly accused.

And on Monday, Wilson was fired by interim District Attorney District Attorney Jim Hardin Jr., who gave no reason for the dismissal.

Saacks said Tuesday he would appeal Judge Hudson's ruling in the Beatty case...
Letters to Herald-Sun:
Beyond lacrosse case, questions still remain

After months of reading about the evil 88 Duke professors who rebuked the entire judicial process by declaring the lacrosse players guilty, I finally sat down and read the ad that has been the subject of so much controversy.

Since, I've grown increasingly disturbed by numerous "Letters to the Editor" such as Thomas E. Hoppin's "Brodhead must go" and Bob Singer's "Where's the apology?" These authors slam the professors as "elitists" who "forgot the most basic of our rights," leaving me to wonder whether they (and people like them) have actually even read the advertisement.

I encourage everyone who hasn't read the ad to do so, as well as the subsequent letter many of the same professors put out in response to the widespread misinterpretation of their message. (the ad) (subsequent letter).

The advertisement is mainly a collection of quotes from Duke students voicing their opinions/fears about the racial and sexual atmosphere in Duke and in Durham. Those that see the ad as a proclamation of guilt are making their own inferences and are quite troublingly missing the point.

These are issues that the Durham/Duke community faces, and need to be addressed, whether there is or is not a Duke lacrosse case.

Baltimore, Md.
Step toward maturity

There are two things Tim Gabriel makes clear in his letter of June 22. The first is that, as a culture, we seem to have become unmoored from an ethical or moral lens on reality. The second is that we have lost our ability to hold seemingly opposing truths in tension with one another.

Gabriel makes the point that privilege is based on merit. I would suggest that merit indicates more than the accumulation of money or the achievement of a high GPA coupled with athletic achievement. Assigning merit should also indicate a person of integrity who makes ethical choices in life.

While 20 year old "boys" may indeed be inclined to "party" and enjoy strippers, this "reality" doesn't make underage drinking or the objectification of women right.

This brings me to my second point. It is true that these young men should not have been falsely accused. It is true that neither they nor their families deserved to suffer the emotional and financial trauma of the past year. It is true that charges were brought against them for suspect reasons and there was a rush to judgement.

It is also true that these young men put themselves in a position to be accused. That they did not deserve the events of the past year does not mean they shouldn't be asked to take responsibility for their actions. Not asking them to take this step toward maturity does them and our society a disservice.

John in Carolina:
Walter Abbott, Citizen Journalist --
It is my contention that the Raleigh News and Observer is as culpable as Mike Nifong in precipitating this tragedy.

The 3/25/06 article by Khanna and Blythe provided the spark. It gave Nifong political cover, incited the potbangers, stampeded Brodhead and Steele, and signaled the TV networks to send in the satellite trucks.

The fuel of the accusations was there as was the oxygen of racial tension. You all struck the match.

In 1898, William Randolph Hearst, one of the most famous yellow journalists of all, precipitated the Spanish American War in a fashion similar to this case. Frederick Remington, the famous artist, telegraphed Hearst to tell him all was quiet in Cuba and "There will be no war."

Hearst responded "Please remain. You furnish the pictures and I'll furnish the war."

I suppose congratulations are in order, Melanie. You've made the big time.

Walter Abbott
Ruston, LA
comment: Walter Abbott goes by the name of "abb" on the LieStoppers forum:

LS forum: Walter Abbott, Citizen Journalist, Absolutely shameless self-promotion
John in Carolina:
To Prof. Haagen re: Seligmann threats -- Why has there been no faculty statement that intimidation and threats of violence against Reade Seligmann or any other peaceful citizen are anathema in both university contexts and in society at large?

I don’t believe the intimidation and threats Seligmann, his parents and Kirk Osborn were subjected to last May 18 by two small groups of hate-filled people disgraced either Duke or Durham. But the wall of silence the University and the City have collectively thrown up since May 18 certainly has.

That wall of silence needs to fall.

I’m told that as Dean of the Faculty of Arts & Sciences you are the proper administrator to place the matter of a faculty response to the events of May 18 before the A&S faculty for consideration of a request to the Academic Council.
Excerpts From Mike Nifong's State Bar Deposition, Part 5: What Do Campaign Finance Laws and The Revised Rules of Professional Conduct Have in Common? -- DIRECT EXAMINATION BY MR. BROCKER:
Doug Brocker: You made a couple of personal loans to your campaign during the primary; is that correct?

Mike Nifong: I made a personal loan in the amount of $5,000 to my campaign. I understand that my wife may have also made a loan to my campaign, but I don't know the specifics of that. . .

Brocker: Do you see there that this is a repayment, which appears to be dated 6/30/06? And the repayment amount there is $20,357.03?

Nifong: Yes, sir, I see that.

Brocker: Were you aware of that?

Nifong: No, sir, I was not.

Editorial, Daily News Record/RocktownWeekly (VA):
Duke Justice? -- In the classic western "The Ox-Bow Incident," townspeople lynch three innocent men. Henry Fonda and a few friends try to stop the hanging but fail because they’re outnumbered. Meanwhile the sheriff has arrested the real killers and, when he learns of the lynching, angrily declares those guilty will face justice.

The mob returns to town in a somber mood. The leader kills himself. One gets the feeling that, in the upcoming trials, those guilty individuals still have enough human dignity and honor so that they will acknowledge their guilt and throw themselves on the mercy of the court.

Which brings us to 88 members of the Duke faculty.

When three Lacrosse players were accused of rape, the lynch mob atmosphere on the university was as filled with bloodlust as the fictional lynch mob. There were a few, lone voices on campus that took on the Henry Fonda role of reason and justice, but they were drowned out. The behavior of Duke President Richard Brodhead was also craven...

When they [Gang of 88] got into trouble, they ran like scared rabbits into the arms of the sexist, racist establishment seeking protection.

By comparison, the lynch mob in "The Ox-Bow Incident" looks honorable.
KC Johnson:
Nifong Deposition, Part II -- The deposition showed a prosecutor who readily admitted that he didn’t read reports, unapologetically stated that his quest was for evidence that would harm the lacrosse players, and never really asked whether a crime occurred in the first place.

The deposition also suggested that Nifong had developed a good working relationship with Tara Levicy—who joined Mark Gottlieb as the only other person (including, remarkably, his wife, Cy Gurney and the now-departed Linwood Wilson) to which the DA consistently referred by a first-name basis...

When Brocker asked about the January interview between Linwood Wilson and Levicy—in which Levicy radically changed her story, in ways convenient to the prosecution’s case—Nifong’s memory suddenly grew hazy. He said that he couldn’t “specifically recall the circumstances under which that came about”—indeed, he couldn’t even “recall” asking Wilson to chat with Levicy.

It was just a coincidence, apparently, that “Tara” was willing to help him out one last time.
John Stevenson, Herald-Sun:
Double DA pay not seen lasting long -- Taxpayers are temporarily paying six-figure salaries for two Durham district attorneys, but the anomalous and unprecedented situation probably won't last long, the state Administrative Office of the Courts said Tuesday.

The two are Jim Hardin Jr., who was sworn in last week as interim district attorney with an annual salary of $115,289, and Mike Nifong, who is soon to be disbarred for mishandling the now-dismissed Duke lacrosse sex offense case.

AOC spokesman Dick Ellis said Nifong continues to draw an annual income of $111,646, even though he was suspended from office last week and has submitted his resignation, effective July 13.

Nifong's suspension, ordered by Superior Court Judge Orlando F. Hudson, was with pay.

Hardin was Durham's chief prosecutor for a decade until he assumed a Superior Court judgeship in 2005. Last week, he received a gubernatorial appointment as interim district attorney until a permanent replacement for Nifong is found.

But Ellis predicted Tuesday that Nifong won't be on the payroll long.

The reason: Hudson has scheduled a removal hearing Thursday that could result in the former district attorney's permanent ouster -- with no pay...
Michelle Laws, Guest columnist, Herald-Sun:
Let's strive for justice for all -- The fallout from the infamous Duke lacrosse case has far reaching ramifications that extend beyond the harm caused to the obvious victims, including the accuser and the accused -- Reade Seligmann, Collin Finnerty and David Evans -- and former Durham District Attorney Mike Nifong. Duke President Richard Brodhead's statement that: "Mr. Nifong brought great harm to these Duke students and their families, to the Durham community and to Duke University and all who care about it" reeks of hypocrisy, cowardice and arrogance. Mike Nifong was not the only blood-thirsty hound on the prowl seeking to find a trail of evidence to support the accuser's allegations...

I will surmise that possibly Nifong was willing to set an uncommon and unpopular precedent by accepting at face-value a black woman's claim of being victimized by a group of white males from the privileged class. Maybe Nifong was familiar with the historical narratives of women in general and black women in particular who were raped or victimized by males, God forbid elite white males, only to face the additional injury of public disdain and shame, character assassination and the discrediting of their stories....

The fact of the matter is that America's shameful history reveals the unspoken truths of a period in time when white men raped black women without facing social sanction or legal penalties. This reality attests to a time when legal codes, especially in the South, specified a mandatory death sentence for the rape of a white woman by a black man, a limited sentence, if any, for the rape of a white woman by a white male or the rape of a black woman by a black male, and virtually no mandatory sentence for a white male raping a black woman. While such laws have been abolished de jure, the social arrangements and ideologies that allowed them to exist in the first place remain embedded within the legal system.

Equally provocative is the way in which the lacrosse case elucidated the surreptitious intersection of race and class within the judicial and criminal justice system. In courtrooms, jails and prisons throughout the U.S., as in other social institutions e.g. education, economic, evidence of race and class bias is deeply ingrained within the system and appears as the normal way the system works. This "normalization" of race and class bias makes the claims of race and class discrimination much harder to detect and prove. However the effects of race and class bias are much harder to overlook. Consider these findings from the North Carolina Sentencing and Policy Advisory Commission . . .
William L. Anderson,
Nifonged in Narragansett: The Madness Continues -- The infamous Duke Non-Rape, Non-Kidnapping, and Non-Sexual Assault Case is in our rearview mirror, but the spirit of the rogue prosecutor Michael B. Nifong lives on. Rhode Island’s attorney general now apparently is attempting to channel Nifongism and take it to places that even Nifong himself could not have imagined.

The following news story definitely describes one of the more outrageous prosecutions we might have seen yet, and compared to the Duke case, it makes Crystal Gail Mangum’s statements look true by comparison:
Man charged 32 years after alleged rape
Saturday, June 23, 2007
By Edward Fitzpatrick
Journal Staff Writer

A 48-year-old Narragansett man has been charged with raping someone 32 years ago when both he and the alleged victim were 16 years old, the attorney general’s office said this week.

Harold Allen, of 30 Riverview Rd., was indicted last month on a charge of first-degree sexual assault, and he pleaded not guilty, court records show. Allen is accused of raping the girl in North Kingstown between April 1 and Oct. 31, 1975, the records show...

Bryan Strickland, Herald-Sun:
Coach K: Why all the hate for Duke? -- Krzyzewski believes that it’s become socially acceptable for media to openly express dislike for his Blue Devils, but he’s no longer willing to accept it.

“It’s socially acceptable? I don’t know — maybe I’m not going to be as social then anymore,” Krzyzewski said. “It’s like, ‘Why did you say you hate Duke? Is that the only thing you hate?

FreeRepublic: Coach K: Why all the hate for Duke?

Twitter | Ukraine World

Twitter | Volodymyr Zelenskyy (Ukraine President)

Twitter | Euromaidan Press

Twitter | The Kyiv Independent

Twitter | Ukraine Weapons Tracker

Daily Reckoning