Update III (12/22 @ 12:45 p.m.): Looks like Collin Finnerty, Reade Seligmann, and David Evans won’t face charges of rape. Ding-dong Mike Nifong dropped the rape charges. But kidnapping and sexual offense charges stand. (???) This post is closed to commenting, so please visit the latest post to discuss the good news: DUKE RAPE CHARGES DROPPED!
Every bit of exposure helps. Thanks.
Update: First-time or new readers may be interested in my Duke Rape Case archives (going back to April - sometimes the “Next Page” link at the bottom left of the middle column doesn’t show up in the IE browser unless you move the cursor near the small dash) and two columns I wrote for Townhall, The Most Absurd Rape Story of the Year (original title) and Scottsboro Revisted.
———————————————————————————————–
Let justice be done, though the heavens fall.
I’ve written an op-ed about the latest developments in the Duke “rape” case that I hope will be published at National Review Online this week or early next week. In the meantime, I wanted to highlight a few new items.
It’s becoming incredibly obvious to anyone with sense that Durham County district attorney Mike Nifong is a rogue prosecutor, at least when it comes to the so-called case against the indicted Duke lacrosse team players. At last Friday’s hearing, Brian Meehan (pictured), director of DNA Security, the private lab that analyzed DNA found in and on the stripper-accuser, admitted, under oath, that he and Nifong agreed to suppress evidence favorable to the defense.
As I mentioned in this post, Meehan’s lab found that DNA from the stripper-accuser’s body and clothes matched multiple unidentified males. See defense’s Motion to Compel Discovery: Expert D.N.A. Analysis (PDF), filed last Wednesday. The motion is chilling enough, but Meehan’s testimony is downright unbelievable. When grilled by the defense attorney, he offered weak explanations why he failed to include exculpatory information in his final report and admitted that failing to do so violated his laboratory’s protocol.
According to the motion, and supported by the attachments, the lab was quite faithful in reporting any hint of a match with lacrosse players, no matter how miniscule, and quite negligent, to put it mildly, in reporting findings that ruled out the lacrosse players.
Nifong violated his professional ethics and procedures and broke several laws, and I believe the case likely will be dismissed before it goes to trial. Why has Nifong gotten away with this? Why isn’t Durham’s legal community outraged and embarrassed by Nifong? Do the black Duke professors who judged the lacrosse players guilty realize the same kind of railroading can (and does) happen to black defendants under Nifong’s watch? Even liberal and feminist Susan Estrich says, “Duke Justice Demands Nifong’s Removal.” I say a lot more in my op-ed, so stay tuned.
By the way, a reader e-mailed to ask if I’d seen a floor plan of 610 N Buchanan, the “rape” house. I have not. If anyone has a link to an online version, please forward.
KC Johnson, who attended last Friday’s hearing, has immersed himself in the case and he has much, much more.
Other “Duke” bloggers: John in Carolina, Right Angles, LieStoppers, The Johnsville News, Crystal Mess…
Joe at Joe’s Dartblog posts a letter from a Duke alum. More from Power Line.
Sources:
- It’s Time to Be Honest About Duke: “The problem with the blind allegiance to the alleged victim in this Duke case is that there will come a time in which an African-American woman WILL be raped in the future. She WILL need the support of the African-American community and WILL deserve justice…And it won’t be there for her, because ‘we’ spent all of our morality money and credibility elsewhere in an incredulous way.”
- Video of stripper-accuser pointing to three random photos
- The Worst Worsens (Thomas Sowell)
- Lab chief: Nifong said don’t report all DNA data
- District Attorney Mike Nifong on Trial
- Duke Rape Case Update
I cannot wait to read your op/ed piece. I have sat in sickened amazement at these events. In a decades worth of teaching guys the same age as the accused and now as a law student, this story has so many levels for me…and, as a parent, how awful it is to imagine your young adult child involved in such an ongoing nightmare. Thanks for keeping us informed, LaShawn.
Comment by Melinda — 12.19.06 @ 1:08 pm
Dosen’t this mean that all of the DNA lab’s conclusions are now called into question. Hasn’t Nifong now compromised every case he’s ever worked on with his lack of integrity? Hasn’t th eDNA lab now allowed every thing they’ve ever done to be called into question. Remember what your grandmother taught you; “Oh what a tangled web we weave, when first we practice to decieve.” It’s really sad what a little compromise will do to you.
Comment by Bill — 12.19.06 @ 1:35 pm
La Shawn, it seems to me, a relative new comer to North Carolina, that the Durham/ Chapel Hill area is so obsessed with the identification and prevention of racism that it permeates every aspect of the community to the point of being destructive. I think the liberals in power are so preoccupied with being the “hero liberal” that they fail to see that what they are doing prevents any kind of healing or closure. Racism is an evil thing, I believe all good people will agree. What happens here is that many times anyone is not happy with a situation they cry racism. From the dancing man in Carborro to the school system, you will see cries of racism. Durham had a principal of a middle school who happened to be black accused of being racist towards black students. Was she? The accusations were never proved. The parents who made this claim had kids who had difficulties in school. I do know that many parents black and white supported her. An enormous amount of time and money is spent dealing with these issues in this area. The funny thing is that most of the places I go to in the area are filled with kind, friendly, polite people who seem to be educated and are Black, White and Asian. There seems to be a disconnect between the average folk and the powers that be.
Comment by Belle — 12.19.06 @ 3:06 pm
La Shawn, you have shown some serious dedication in your coverage of this debacle, YOU are to be commended, I only hope that somehow, justice will reign, Nifong has got to be the biggest idiot that ever ‘conned’ a block of voters… The man needs to be removed from office and seriously investigated regarding disbarment proceedings, who in the world NEEDS a lawyer that’s this bad??
Comment by TexasFred — 12.19.06 @ 3:31 pm
That slut-whore was not rapped. I’m black, and I’m saying this loud and clear. She saw some rich white boys. They got mad because she was high and could not perform. They called her a racial name. She wanted revenge and to get some money…probably did not think of this crap till the next day.
End of story. She should be put in jail for hurting these fools reputation.
Comment by Rasfarengi — 12.19.06 @ 3:32 pm
La Shawn, I just read an article in one to the major Chicago papers ( I’m not sure if it was the Chicago Sun-Times, but I think it was)that says the accuser just gave birth to a child. Coincidentally the alleged rape also occurred around the time that she would have gotten pregnant so perhaps this whole rape debacle has something to do with her not wanting to identify the father of the child or some other personal problems she was having with the possible father(s) of the child.
It’s time for this show to come to an end.
Comment by SmartBlkWoman — 12.19.06 @ 5:33 pm
La Shawn - I thought you were a female - In todays world, I think the “cotton shirt” remark barely makes the racial remark grade. See Michael Roberts, Mel Givson, David Duke and the NBP.
Comment by lynp — 12.19.06 @ 6:17 pm
I am wondering how many people are in jail/prison because this D.A? Fortunately for the lacrosse players they seem to have enough financial resources to protect them legally. I can’t imagine who else had a slam dunk case for the D.A.’s reputation, and therefore evidenced was suppressed, falsified, and/or destroyed. I think law students need to check all of this rouge D.A.’s past cases.(of course first off he needs to be removed from the bar)
Comment by jennifer — 12.19.06 @ 6:41 pm
We have our own out-of-control DA here in Texas named Ronnie Earle. Both have received unrestrained MSM coverage for pursuing weak cases in the name of liberal ideology. Both have an unfailing knack of appealing to the lowest and filthiest instincts in voters.
And as long as the MSM continues to wink and look the other way, scum like Nifong and Earle will continue to corrupt justice.
Comment by Mwalimu Daudi — 12.19.06 @ 7:16 pm
Quick answers to a few quesions :
Why isn’t Durham’s legal community outraged and embarrassed by Nifong?
Because he knows where the bodies are buried and if he goes down, they go down, too.
Do the black Duke professors who judged the lacrosse players guilty realize the same kind of railroading can (and does) happen to black defendants under Nifong’s watch?
There have been many black defendants accused falsely of rape in Durham–Leon Brown (whom many believe to have been falsely set-up by a white man as part of a payoff scheme);
a black corrections officer (whose taped evidence was mysteriously ‘erased’ by an ADA) etc.
The Duke lacrosse case is not the first in which the DA’s office operated in a bizarre manner. There are likely to be more of these, as long as the present Durham oligarchy is in charge of the judicial system.
a reader e-mailed to ask if I’d seen a floor plan of 610 N Buchanan, the “rape†house.
It’s a 1400 sq. foot house with a 2400 sq. ft. bathroom attached, according to Nifong–capable of holding the entire lax team plus a large-screen TV hook-up. (kidding, of course. . .)
I think the “cotton shirt remark barley makes the racial remark grade.
This is supposedly a quip from a Chris Rock bit; I haven’t seen that confirmed, though. (Some college kid trying to be clever–certainly at the wrong time, though. . .)
Meanwhile the case will be entering its 11th month by the time of the next hearing; the defendants have yet to be informed of the specifics of the charges against them (no Bill of Particulars). In California, a trial must begin within 60 days of indictment, or the charges must be dropped.
The 6th amendment right to a speedy trial clearly does not apply in Carolina.
Comment by Seahawk — 12.19.06 @ 7:27 pm
I admit that at first I thought that Nifong was simply a “Peter Principal” DA, a traffic court prosecutor who had risen beyond his level of competency. And that he was simply playing the race card for his own political purposes.
Friday’s omission by Meeham raised a much, much more chilling possibility, that Nifong himself, along with the accuser are the only criminals in this case.
Duke’s administration, along with the entire NC Bar should hang their heads in shame at allowing this circus to continue while they remain silent.
Comment by RebelPOW — 12.19.06 @ 7:51 pm
The three people I love most on this board: LaShawn Barber (of course), Tatercon and Seahawk. Your input has been invaluable. I’d like to thank you for your intelligence, humor and insight.
Keep on keeping on…
Yer appreciative friend,
Tate
Comment by Tate — 12.19.06 @ 9:02 pm
I really have mixed emotions about this case.
1) If a rape occurred, put the rapists under the jail
2) If there is evidence no rape took place, DON’T pander and hem and haw to people about it.
3) I don’t think ANYONE wins in this case because I have been to “strip” type parties in the past and I have seen where people could end up in trouble … especially when alcohol and drugs are involved. In fact, I remember one girl who was only asked for “sexual favors” and she wanted to file charges. I was in the apartment but not in the room but I remember seeing her run out.
I am just waiting for more facts to come out because you have so many X-factors in this case … it looks to me like there are no clean hands in this case and I admit I have not read Lashawn’s background pieces so call me a moron but anyone posting insults about the parties involved is premature in judgment in my opinion.
I was accused of rape once and it is not fun. It was only mistaken identity but being detained by police and accused is something no one should go through if they didn’t do anything wrong.
We should never blame the victim too.
Sorry, if I am rambling but this is a difficult case … call me a whiny liberal
Comment by Tim Dennis — 12.19.06 @ 9:05 pm
Tim,
I agree you don’t blame the victim. However, in this case, I think there is no rape victim. The only victims are the three lacrosse players, wrongfully accused and wrongfully indicted.
Comment by Miss Ladybug — 12.19.06 @ 9:18 pm
Post #13 - Tim Dennis,
Please do your homework and read the myriad of articles LaShawn has posted on this subject. That alone should convince you that the accuser and the sociopath prosecutor, Mike Nifong, perpetrated a farce.
Being that you were once accused of rape, you will see quite quickly the utter disgrace and injustice of this case. Please take the time to do your homework (which could take weeks) and come back again to give us your opinion.
Thank God we have folks like LaShawn Barber to examine the facts and put the truth in print…
Amen!
Comment by Tate — 12.19.06 @ 9:39 pm
LaShawn,
I am glad to have you back on the case. I am depressed that my lawyer buddies have let me down, nothing will happen to Nifungu until jan 16-18 when the NC Bar disciplinary committee meets. Until then Mikey is OK.
Tate, I am crushed not to make your list, Kemp
Comment by kempermanx — 12.19.06 @ 9:47 pm
This is an actual test from the following Web site: http://www.blogthings.com/areyouasociopathquiz/
A Test For Mike Nifong:
ARE YOU A SOCIOPATH?
Check all that apply to you or that you agree with.
1. You break laws (even big ones). [I’ll say!]
2. You don’t have a problem lying to get what you want. (Ahem, need I say more…)
3. When you say you’re sorry, you usually don’t mean it. (I doubt he will ever say he’s sorry for what he’s done to these three young men.)
4. You have a love / hate relationship with your parents. (Very possible…)
5. You don’t like to joke about yourself - or when people joke about you. (His defensiveness with the press when they started to find out the truth.)
6. You’ve lied to people just to see if you could get away with it. (And I’m sure in the beginning he thought he would.)
7. You have a fairly high IQ. (Questionable.)
8. You often act before you think about the consequences. (Dugh!)
9. You got in trouble a lot when you were a kid.
You are secretive. (Hey Brian, let’s hide that DNA evidence.)
10. It’s hard for you to be loyal. (Loyal to your vows as a prosecutor.)
11. You don’t think in terms of “right” and “wrong.” (Obviously.)
12. You have been cruel to animals. (Possibility…)
13. It’s hard for you to empathize with people’s problems. (Three falsely indicted and persecuted Duke Lacross players.)
14. You don’t really have any plans or structure in your life. (Nah, I’m just gonna indict these fellas and think about the consequences later.)
15. You break people’s trust. (The trust of the whole world!)
16. You are a pyromaniac. (Possiblity…)
17. You have at least one strange, overwhelming phobia. (Convicting innocent people.)
18. You are very good at manipulating people and situations. (Pandering to the press and the black community in Durham County.)
19. You are almost always bored. (Unless you can pin a crime on an innocent person.)
20. You have cheated a lot on past partners. (Would love to hear what former partners have to say about that…)
21. You see people as your pawns. (Three innocent Duke Lacrosse players.)
22. Your relationships tend to be short. (Short-term prosecutor for Durham County.)
23. You have trouble holding down a steady job. (Especially after being convicted of Prosecutorial misconduct…)
You have been addicted to drugs, alcohol, or sex. (Addicted to pinning a crime on three innocent Duke Lacrosse players for a BOGUS sex crime.)
Comment by Tate — 12.19.06 @ 10:18 pm
Tate,
Sorry, no one “alone” convinces me of ANYTHING. God gave me a brain and I am allowed to post here and I post, I hope, in a respectfully manner.
Sorry if I don’t fit other people’s mold of how people should comment …
I like this blog because it makes me think … What is wrong with that ?
I am not a kiss up or a yes man … maybe people dislike THAT ?
It is NOT like I have ever been run off from websites …
Comment by Tim Dennis — 12.19.06 @ 10:47 pm
Whoa, Tim…
I meant no offense to you. And no one said you weren’t posting in a respectful manner. You yourself said that you joined this post at a late stage and didn’t know all the facts. All I was saying was to please review the facts and then come back and let us know what you think…
Isn’t it great to have freedom of speech? Welcome aboard.
Tate
Comment by Tate — 12.19.06 @ 11:01 pm
I agree. There was no rape. There was just a doped up hooker on probation for robbery and attempted murder in 2002 about to be arrested again, but decided to claim rape.
Nifong is discusting in his own right. He is suppose to represent justice, but he has proven to be a whore in his own right.
I hope NC ends up paying i the multi-billions for what this stripper/whore did to these innocent boys.
Comment by Betty Friedan — 12.19.06 @ 11:06 pm
The three people I love most on this board: LaShawn Barber (of course), Tatercon and Seahawk.
Tate, at 12.
As Bert Lahr said after the Wizard awarded him the “Courage” badge: Aw, shucks, folks — I’m speechless.
Oh, and RebelPOW at 11, I can see your frustration at folks who you think SHOULD be able to do something, and do it now and fast, such as members of the NC State Bar. Hmmm… How do I start this reply in my defense? Here goes:
Members of the Bar in the farther reaches of the state, such as I, can’t just jump in to “stop a circus”, just as relief workers and the National Guard couldn’t fly via helicopters into the areas torn by Katrina when she was doing her worst. Most valid complaints to the State Bar begin out of the local level, initiated by citizens or attorneys with first hand knowledge of a lawyer’s violations of codes of professional ethics and/or prosecutorial misconduct.
This may already be occurring, as Kempx has been reporting, but there’s also a level of due process that must be observed, even for a lawyer(gasp!), such that those in the Bar exercising their quasi-judicial authority must move with measured certainty rather than in a swift response to those observing the doings in a big tent who exclaim, “There’s a circus. Stop it!”
The accused lawyer, of course, gets time to make a measured reply in his/her defense, as well. If Kempx’s sources are shooting straight with him, that’s why things aren’t happening before Christmas, but may after the new year….
Right now, the ones best positioned to stop the “circus” before trial are the Duke lax players’ lawyers — Joe Cheshire, Wade Smith, Jim Cooney, et als, who are doing an admirable job at keeping the pressure on the prosecutor to divulge that which he must divulge, and are setting their “motion practice” portion of this case up for the day when a Superior Court Judge is ready to schedule and call the “dispositive motions” on for hearing.
There are lots of lawyers in our good state who are following this case, and many of us are shaking our heads at some of what we see and hear, and nodding our heads at other things. We’ll even share our thoughts at lunch tables or over a beer with friends.
We’re not hanging our heads in shame, however, at an inability to stop the circus. As Kempx has been reporting, the “circus” is under a microscope, and we of the rank and file in the Bar trust that appropriate scrutiny is occurring now, and action will occur when the evidence is gathered and when the time becomes appropriate.
So sorry, there, RebelPOW. Oh, and sorry, Kempx, that Tate didn’t bestow the accolades upon ya. Simple oversight, I’m sure.
TaterCon
Comment by TaterCon — 12.19.06 @ 11:37 pm
RebelPOW - Friday’s omission by Meeham raised a much, much more chilling possibility, that Nifong himself, along with the accuser are the only criminals in this case.
You left out 2 Parties for sure, possibly more at the Durham Police and DA’s office that might have had parts they played that also violated criminal law and ethics.
That would be the two cops, SGT Gottlieb and Detective Himan. Both were in this up to their necks before and after Nifong took the case. Gottlieb also has a reputation for disliking Dukies and being on a crusade to “bust their balls” well before the Duke Rape Accuser. While Nifong can rely on a good ‘ol boys network of lawyer-politicans and judge cronies to cover his butt through most of this…and the noble State of NC to strongly resist Federal investigation of an elected state court official, the cops are there on a platter if the Feds wish to drive past Nifong’s office and work on them. Because of past police railroading was not “corrected” by a police group equivalent to the Bar, civil rights legislation led to the Police Misconduct Federal Statute - which empowers the Feds to go right in on cops acting under color of law to violate suspects civil rights.
Himan and Gottlieb were part of the “dorm invasion” at Duke where they tried searching w/o warrant and badgered students who were under legal counsel’s instruction to direct police inquiry to their lawyer. Both Himan and Gottlieb were the ones that got the accusers description of the suspects, Gottlieb is suspected to have altered his notes to make his suspects dead ringers for the 3 accused while Himan’s notes say the accuser, at the same sitdown with him as Gottlieb - described 3, 4 markedly different men. Both were there for all the ID sessions the accuser screwed up, and at the final one were both had rejected their own department’s standard for Nifong’s new improved way to be 100% sure she ID’d a white lacrosse player. Both were the only sworn witnesses that Nifong used with the grand jury to get his indictments. Gottlieb and Nifong part of the apparant witness intimidation of Seligmann’s alibi, the taxi driver.
Both Gottlieb and Himan were with Nifong at every DNA test results meeting Meehan had at his lab.
Besides the heavy fines and criminal penalties the Feds can hit “railroading” cops with, also making them unemployable in the future as cops - Gottlieb has a large pension he could be stripped of. Both Himan and Gottlieb saw Nifong deliver Meehan’s head to the defense team on a platter - letting the man and his credibility as a forensic examiner be publicly ruined. So both might well assume they are next on the chopping block unless they have something they can offer the Feds in return for leniency or outright immunity………
Meaning Nifong. And testimony of conspiracy or shady practices bad enough to allow the Feds to blow away his local judge/lawyer fraternity shield.
The way to Nifong is though the two cops.
Comment by Chris Ford — 12.20.06 @ 2:42 am
I would say now that all Nifong work, and especially all Nifong/DNA lab work should be called into question. I’m sure he has pulled these same tricks before and gotten away with it.
I think he pulled this stunt before with some black defendants and got caught internally at it. And now needs to even it up as a favor to someone to avoid civil rights issues.
That whole political system there should be inspected by the feds for corruption. It does require federal jurisdiction. It has national press exposure, it affects views of DA’s in every city across the country. To let partial hacks silde their way out of this is an injustice to anyone who has every read a history textbook. Every person in the country is watching this and re forming their opinions about prosecutors.
Comment by Jd — 12.20.06 @ 4:09 am
Tim Dennis, welcome aboard, I hope, once you’ve read through some of the archives, you’ll see how much time, effort, research and unbiased thought have gone into this particular case- hence Tate’s quip that you do some reading first, was nothing personal, no one is looking for a fight here, just some intellectual jousting. Most of us have been following this case on a daily basis since La Shawn started running with it in April. So it’s hard sometimes to have someone jump in- offer an opinion with little effort to back it up- and then get defensive when asked to please read up before making blanket comments. Trust me when I tell you, we have no problem with you ‘using your brain’, in fact, it’s encouraged. And, to that, I’m not sure what you’re referring to when you tell us you’re ‘not a kiss up or a yes man’. I love La Shawn to death- because she is well thought and has some amazing posts, supported by a lot work and research. THAT certainly doesn’t mean anyone here who appears to ‘kiss up’ because we agree with her in this case agree with all her views! I myself, kiss up to no one, I suspect most posters here don’t as well. But having respect for someone like La Shawn, as it pertains to this case and praising her for her efforts is hardly kissing up. I do hope you take some time to look through some of her posts as well as the links to others. There is some great commentary out there.I think you’ll begin to understand why most of us are so passionate about justice here. Thanks Tim.
Comment by Brandi — 12.20.06 @ 4:23 am
I’m still concerned with the kidnapping charges. Could that be why the defense asked that the photo line up be thrown out because it would kill two birds with one stone, both the rape and kidnapping charges? I’m concerned because several years ago I served on a jury where a man entered a house, pistol whipped the occupant and locked her in a closet while he stole a tv and a couple of other things. The charges were assault and some kind of theft charge (don’t remember specificially) AND kidnapping and in this particular state (Ks) kidnapping carried a life sentence without possibility for parole for 15 years.
Comment by dianne — 12.20.06 @ 7:18 am
I don’t know how I could have overlooked the brilliant and connected input of Mr. Kempermanx. Yer loved and appreciated too.
Ms. Tate
Comment by Tate — 12.20.06 @ 9:21 am
# 25
I’m still concerned with the kidnapping charges.
AFAIK, in NC kidnapping charges can only be attached to another felony; so that if the rape is thrown out, then kidnapping cannot be charged, either.
(I could be wrong. . .)
Comment by Seahawk — 12.20.06 @ 9:27 am
You want to make your opinion heard in the right place? Here you go:
THE NORTH CAROLINA STATE BAR
208 Fayetteville Street
PO Box 25908
Raleigh, NC 27611-5908
919.828.4620
Disciplinary Hearing Commission
F. Lane Williamson, Chair
Carlyn G. Poole, Vice-Chair
Sharon B. Alexander
W. Steven Allen Sr.
Stephen E. Culbreth
Charles M. Davis
Karen Eady-Williams
Michael A. Grace
Tommy W. Jarrett
T. Richard Kane
John M. May
M. Ann Reed
Write them a snail mail, keep it simple and keep it non-profane. Lay out your objections to Nifong’s handling of this case in clear, concise, non-emotional terms.
Request that he be disciplined, up to and including suspension or revocation of his license to practice - depending on their findings.
Nobody else seems to be forcing accountability on this despicable human being - I guess it’s up to us!
Comment by Gayle Miller — 12.20.06 @ 9:40 am
For those of you interested, Rick Martinez of the “News and Observer” has a very pertinent column today that speaks about the abuse of police power in the state of North Carolina. There seems to be a problem in this state with an abuse of police power. When I read this article, I could not believe how he really hit the nail on the head. How does this relate to the Durham/Duke rape case? It appears that many events occurred in the investigation that may not be an abuse of power. There must be some reason that this abuse of power happens. I would venture that bad leadership is a major contributing factor in many abuse of power situations. Also, I think that the “Duke Rape Case” should now be called the “Duke RACE Case”, as this title seems to be more representative of what this case is about. This whole fiasco is a sad commentary on the city of Durham.
Here’s the link to Martinez’s column:
http://www.newsobserver.com/567/story/523244.html
Comment by Belle — 12.20.06 @ 9:59 am
I’ve sent my letter to the State Bar of North Carolina’s disciplinary committee. The full text of it is at my blog site.
Comment by Gayle Miller — 12.20.06 @ 10:33 am
TaterCon #21 said…Members of the Bar in the farther reaches of the state, such as I, can’t just jump in to “stop a circus 
Thank you for your response, however I never suggested that the State Bar ‘Stop the Circus’ nor railroad Nifong or violate his due process (although that would have a certain cowboy justice to it, no?). I did chastise the State Bar and the Duke Administration for remaining SILENT during this circus.
I understand the State Bar’s Pontius Pilate approach, but disagree with it. Any professional organization exists to establish standards for joining (the Bar exam) and to maintain standards of professional conduct among members. To the degree that they are unwilling to speak out when conduct such as Nifong’s is clearly uncovered lowers the perceived professional standards of the body as a whole. As a member of the NC State Bar, that SHOULD concern you. If the NC State Bar is indeed planning to do something after the first of the year, then good for them. Better late to the party than never.
Chris Ford #22, you’re correct in that I should have included Himan and Gottlieb as criminals in the case. Excellent comment.
Comment by RebelPOW — 12.20.06 @ 10:50 am
It is a shame that we have to leave it to lawyers to police their own. It used to be that way with doctors until the lawyers figured out how to get rich suing them. But lawyers going after lawyers for malpractice is all but unknown.
Waiting for the North Carolina bar to get on top of this is about the only avenue available. Thankfully, the case has been raised to circus proportions and the North Carolina bar will have to deal with Nifong as the hot potato he has become.
I would like to see “officers of the court” have to carry or be provided with high dollar malpractice/tort insurance. I would also enjoy watching the “brotherhood” go after one another.
When these lacrosse players are finally released with their lives in a mess and their legal fees breaking them, I think they should get something more than Nifong getting scolded.
Comment by Heliotrope — 12.20.06 @ 12:10 pm
You can also reach the NC state bar at :
Tom Lunsford
tlunsford@ncbar.gov
Sandy Melvin
smelvin@ncbar.gov
Disciplinary Hearing Commission
Dottie Miani (clerk)
dmiani@ncbar.gov
THE GRIEVANCE COMMITTEE
THE NORTH CAROLINA STATE BAR
PO BOX 2598
RALEIGH, NC 27611
Got any extra Christmas cards? You can send these guys some.
And remind them of three families that are not having a happy holiday this year because of the unjust indictment of their sons.
This bar refused to take an concrete action after the Gell case (a man wrongfully convicted of murder, who spent 9 years on death row because the DA witheld evidence that proved him innocent);
if they are to take action in this case–against their buddies in the system–they are going to have to feel some real heat, and know that the rest of the country is watching them.
A minute of your time, and 39 cents, may help more than you know.
Comment by Seahawk — 12.20.06 @ 12:32 pm
Maybe you could focus similar efforts in the direction of Prosecutor Ronnie Earle??
I have confusion over the Delay case because if he is not guilty he has been railroaded and that just isnt right
sorry to change subject
Comment by Nick — 12.20.06 @ 1:33 pm
Heliotrope, I’ve said this before but it certainly should be repeated - you are incredible!
Comment by Gayle Miller — 12.20.06 @ 2:05 pm
When a little “theocracy” might do us some good
Cases like the Durham Rape case illustrate how broken our system of government really can be at times. As La Shawn Barber has done an excellent job of showing, the prosecutor, Mike Nifong, is an out of control rogue who…
Trackback by Code Monkey Ramblings — 12.20.06 @ 3:39 pm
Thanks, Gayle!
Comment by Heliotrope — 12.20.06 @ 5:45 pm
Mike Nifong should be sentenced to the maximum penalty in North Carolina for rape, times 3, running consecutively, no parole.
Comment by SDN — 12.20.06 @ 6:18 pm
chris ford, in post #22, opens an interesting (and under-considered)(yes yes, i know: that’s not technically a real word. work with me here, people!)aspect to this whole case: the durham PD.
either they’re working hand-in-hand with nifong on this travesty, or they’re not. you can make a case they are: the 2 sgts. who ‘dorm invaded’, working extra-hard to find a way to make the case stick seem to indicate the cops are nifong’s willing stooges. if that’s the case, then we have something a whole lot bigger than just 1 bent DA. although a bent DA is plenty bad enough.
if they’re NOT nifong’s stooges, why aren’t we reading more leaked info on this case? why aren’t they doing everything they can to stop this railroading? they were there on the scene; they collected the (lack of) evidence….they know the score. and don’t bother telling me “they’re afraid for their jobs”. if the DPD senior staff - all the captains, lieutenants, etc. - all came out and screamed “travesty!!”, they’d survive. but that’s not happening, is it?
all that being the case, i’m inclined to think the whole durham law enforcement “community” stinks to high heaven. where’s the feds? screaming about a “pattern of discrimination”? have the feds ever intervened on behalf of caucasians being racially railroaded?
Comment by ed — 12.20.06 @ 8:27 pm
RebelPOW replied to me at 31: To the degree that they are unwilling to speak out when conduct such as Nifong’s is clearly uncovered lowers the perceived professional standards of the body as a whole. As a member of the NC State Bar, that SHOULD concern you. If the NC State Bar is indeed planning to do something after the first of the year, then good for them. Better late to the party than never.
Well of course it concerns me to see clearly bad conduct in the justice system, Reb. Any private citizen, including a lawyer, can read the papers and the blogs and let those around him/her know their views. Whether the Durham or Raleigh paper cares one jot about the opinion of a Wilmington attorney regurgitating outrage that he’s read elsewhere is kinda open to debate, though, in my mind.
As for the State Bar’s exercise of power, go back to my mention in #21 of “due process”. The State Bar is a body created by statute, and can only exercise its power within the confines of the statutory authority granted to it by the NC Legislature. If it exceeds its power granted by statute, that’s as bad, in a due process context, as police power or district attorney power exercised outside of the bounds of the law.
There’s investigative and judicial authority granted within the statutes, but nothing goes forward to the “disbarment phase” without a degree of measured certainty. And, if the State Bar process renders a decision at the end of the day revoking a lawyer’s license, there’s a right to appeal to the NC Supreme Court, which provides a review oversight over the State Bar’s exercise of its authority.
In the current instance, you’re urging quicker action upon the State Bar and you’re admonishing me that our “perceived professional standards” are being lowered in the absence of doing something noteworthy and effective. Granted, walking a fine line where public opinion and professional standards are at odds places us between the proverbial rock and a hard place, but the actual standards, governed by statutory bounds and the procedures guaranteeing due process, cannot be compromised for public opinion concerns, even when the “circus” comes to town.
Were it otherwise, there would be no “professional standards” to be lowered — they’d already be sunk.
TaterCon
Comment by TaterCon — 12.20.06 @ 9:50 pm
…. and another thought! Reb, I missed a part of your point and I apologize. It needs response.
You’ve contended the State Bar has an obligation to speak out, and you chastise it for remaining as silent as the Duke Administration has remained.
It can’t “speak out” now with a pronouncement of what it sees as the good and evil happening at the circus. Again, as a body created by statute and limited by those statutes in what it can do, it can’t issue advisory opinions on matters not yet before it. Just as courts don’t issue advisory opinions on the brewing controversies of the day before an actual case, with actual evidence, reaches it, so too, the State Bar can’t speak out against Nifong with a pronouncement to satisfy a current public hue and cry — its council could well be sitting in judgment of complaints against him at a later date!!!
Again, sorry for missing a point of yours. You’re raising some good thoughts for debate, and I wish there were easy answers. It just ain’t so.
TaterCon
Comment by TaterCon — 12.20.06 @ 10:16 pm
Regarding the Durham Police dept.’s complicity in the Duke Race case, one should read Rick Martinez’s column in the “Raleigh News and Observer”, http://www.newsobserver.com/567/story/523244.html
He basically says it all. It seems there is a huge problem in NC with abuse of power. I have always believed that police men were to be respected and admired. I have always taught my children to respect police officers. Living in North Carolina for a few years and seeing what goes on here has really changed my opinion. I am fearful of any interaction with the police, and we are good law abiding people. I am fearful of my children having any involvement with the police. I live in NC for now, but I can not wait until I can leave. Rick Martinez only skims the surface of what happens here.
Comment by Belle — 12.20.06 @ 10:26 pm
Also, asking the legal profession to police itself is like asking an alcoholic to watch the bar. No pun intended. It didn’t work with physicians and it won’t work with lawyers. BTW, La Shawn, it wasn’t you who was Person of
the Year, it was ME!
Comment by Belle — 12.20.06 @ 10:30 pm
#39
“all that being the case, i’m inclined to think the whole durham law enforcement “community†stinks to high heaven.”
What can you expect of a department which has apparently run prostitution out of its own headquarters for over a decade; used to be given blank warrants to fill out as needed; actually lost money at police auctions (most of the take went to one or two favored individuals); has a police chief whose daughter has been arrested by Nifong and faces prison; etc.?
#41
“It can’t “speak out†now with a pronouncement of what it sees as the good and evil happening at the circus.”
Yet, as Zola wrote in “I Accuse!” :
“This is the plain truth, Mr President, and it is terrifying. It will leave an indelible stain on your presidency. I realise that you have no power over this case, that you are limited by the Constitution and your entourage. You have, nonetheless, your duty as a man, which you will recognise and fulfill.
“As for myself, I have not despaired in the least, of the triumph of right. I repeat with the most vehement conviction: truth is on the march, and nothing will stop it.”
Comment by Seahawk — 12.20.06 @ 10:56 pm
Sorry LaShawn - I thought the picture of Meekam was your picture. Keep up the good work.
Comment by lynp — 12.20.06 @ 11:18 pm
Here is another sexual assault case where the justice system has it’s head in the wrong place.
http://www.wilsonappeal.com/petition.php
This guy is already in jail, the legislature changed the law that put him there. but they, the Georgia judicial system, and the Georgia Governor all conviently forgot him and let him rot in jail. Pretty inhuman people in those organizations. All nifongs in training.
Comment by Jd — 12.21.06 @ 3:21 am
Yet, as Zola wrote in “I Accuse!†: I realise that you have no power over this case, that you are limited …. quoth the Seahawk, at 44.
Your dog won’t hunt in these woods, ‘Hawk. That’s a great and noble quote, but the NC State Bar DOES have power over some of the actors in this case — Nifong, Cheshire, Smith, Cooney et als — and cannot pronounce any opinions, as an organization, based on what its officers are seeing in the news stories — no matter how plain a truth might be marching.
Let’s shudder at this thought: What if the “truth” being derived from the newspapers was limited to the signature ad in the Durham paper by the Gang of 70 Professors, or the “investigative” stories out of the Wilmington Journal?
As impatient as some may be to see a hammer hit Nifong, waiting for the State Bar to use its hammer requires a recognition that the hammer be exercised within the constraints of a due process set up by the NC Legislature in the grant of authority.
(Of course, that sets me up to respond to Belle at 43: If a public doesn’t want the alcoholics watching … er, the lawyers watching the Bar, it’s a debate to be taken up with the legislators.
Suggest something better, more workable, less imperfect, what have you, and maybe your proposal can get some legs…..)
TaterCon
Comment by TaterCon — 12.21.06 @ 8:01 am
Morton Kondracki [of Beltway Boys and author of Saving Millie][ once said that parents of one of the accused are friends of his and are good people. If they are friends of Mort’s they probably are good people. But what if this scenario had happened somewhat differently and that son had called his father and told him of the upcoming party. What if the father had thought to himself, “Let’s see here….lots of liquor, a stripper, testerone-charged young male athletes away from home…” What if he had said, “Team spirit is great, son, but I’d pass on this celebration.” Think of the expense and heartache that family would have avoided. When you set up a sexually suggestive situation, don’t be surprised when sexual accusations result.
I have a nephew who was a high school and college All-American in his sport. I asked him if his team ever celebrated with lots of liquor and a stripper. His answer was a resounding, “NO!” I wonder how many college teams and fraternities have changed party plans after this event.
On the other hand, there must be something very sinister behind the curtain that these charges are still being pursued. The accuser’s story has meandered more than a new river in unglaciated territory. There is very little corroborating evidence and lots of exculpatory evidence. What gives?
Thanks for the updates, La Shawn.
Comment by Evon — 12.21.06 @ 9:41 am
TaterCon,
Thank you for your responses. I appreciate your taking the time to write a reply. I really wasn’t trying to hysterically demand an end to the trial.
Question for you. Does the NC State Bar require yearly ethics training for its members? And if so, is there an easy way to ascertain if a particular member of the bar completed that training?
Thanks.
Comment by RebelPOW — 12.21.06 @ 10:29 am
Lots of sororities and fraternities have parties with strippers at Duke (for that matter, at NCCU).
Since the legal age to drink is 21, that precludes these groups from taking their frat/team to a strip club for an end-of-season party.
If you are a sophmore (junior player) and your team is having a party, you go to the party. You may not stay long, but you go. Reade Seligmann didn’t even want to attend the party, but did so in order not to appear rude. Both he and Finnerty saw the AV for about a total of five minutes, and then left.
For that, they are pilloried as immoral hooligans. Any ‘exculpatory’ behavoir–collecting the most money for Katrina relief; coaching neighborhood kids; honor roll; 100 % graduation rate; etc., seemingly all counts for nothing. They have been demonized and turned into monsters because they once stole a banner from another college and made too much noise putting out the trash.
Meanwhile the AV, who at best reports has had (or is having) 3 children out of wedlock, possibly was selling drugs at 14, uses drugs, lies to get drugs from hospital emergency rooms, lies about previous rape charges, steals a taxi and tries to run down a police officer, etc., and earns her living as a prositute ($200 an hour), is portrayed as just a poor working mother and a ‘victim’.
She was performing both in public again and in private (in the VIP room–i.e., generally thought to be rooms for sex with the customers) three days after her alleged gang rape. According to the manager of the club where she worked, she never missed a performance.
Her life was not changed by this event. She was able to continue with her normal life without interruption.
Not so the three she accused.
Comment by Seahawk — 12.21.06 @ 10:47 am
There’s a reason why the NC Bar Association is keeping it’s trap shut. For the same reason Nifong should have kept his shut back in March/April: that you don’t write checks with your lips that you have no prayer of cashing.
Comment by I R A Darth Aggie — 12.21.06 @ 11:54 am
Does the NC State Bar require yearly ethics training for its members? And if so, is there an easy way to ascertain if a particular member of the bar completed that training?
– by RebelPOW, at 49
Thanks, Reb. And yes, we do have a requirement that at least one hour of our yearly 12 hours of CLE must be on an ethics topic, and at least once every three years, we’re to have an additional “three hour block” on an ethics topic. I’m not sure if there’s an easy way to see if a lawyer has completed the requirement, as in checking a web site, but I know you do get sent a strong letter and are fined if you’re short on your CLE needs. A nose thumbing at such a letter can lead to a suspension of a license.
As for the ethics class, this past year, for example, my three hour block was gotten at a seminar sponsored by our (now retired) Supreme Court Chief Justice’s Commission on Professionalism. A restoration of civility among attorneys was stressed — An example? Returning each others phone calls and advancing the ball in cases with some informal discussion and informal discovery was urged. Just think — if Nifong had returned phone calls from the Duke players’ attorneys and had been willing to sit down with those attorneys early to review the strength of exculpatory evidence, we might not be communicating now about Nifong’s handling of the case from May to the present.
‘Course, that might mean Kemp and I wouldn’t have met via LB’s Corner and traded great bottles of ‘cue sauce!! Oh, and Steve D in the border state above Dee Cee, I’m sure we can trade eastern NC barbecue for your crabcakes if you’ll drop your plans for an economic embargo of 99.987% of the TarHeels down here who aren’t like Nifong!!!
Hope everyone has a wonderful next three days in the run-up to Christmas!!!
TaterCon
Comment by TaterCon — 12.21.06 @ 6:33 pm
Tatercon,
It’s a well known fact that I make the very best BBQ sauce in the world. I may live currently in Chicago, but I grew up in South Georgia and North Florida where the best BBQ in the world is from (ducks for cover).
I’d be glad to share my recipe (minus one or two significant ingredients) at any time.
I’m sure that the defense attorneys are all over this, but it’d sure be interesting to know if Mr. Nifong completed his ethics training in the most recent year.
Thanks again for taking the time to answer my questions.
Comment by RebelPOW — 12.21.06 @ 8:00 pm
To all Merry Christmas.
I just got to a computer tonight, my family and I are Denver Airport closing refugees, our entire Christmas vacation for two days was spent in lines at airports, but now I am safely in a nice ski resort, 500 miles from my original destination, and reading Lashawn.
I think Tatercon has hit the nail on the head. The NC Bar, by definition can not act like Nifngu, AKA make statements, they are the gate keepers, if they don’t act correctly, then no lawyer in the state can be prosecuted. For our non NC friends, relax, the long knives are out and the are sharp. I wouldn’t want to be Nifungu this holiday season, he’s dead man walking. The boys are ok they have the truth on their side.
One other point, did you all see that NBC complained to Youtube and made them remove the Nancy grace snl skit. Hmm, still have lots of other SNL skits on youtube, wonder why this one got removed?
Merry Christmas again, Kemp
Bless your heart, Kemp! Merry Christmas!
- Admin
Comment by kempermanx — 12.21.06 @ 10:34 pm
Ah, kempermanx - so sorry to hear that you are still stranded in the Denver airport. What an incredibly cruddy place to spend the run up to Christmas. As of this writing, I am offering up a sincere and caring prayer that you make it to your destination in time for a warm and happy Christmas Day surrounded by those you love! I encourage others to do likewise!
Comment by Gayle Miller — 12.22.06 @ 10:13 am
Breaking: Duke rape charges dropped
News 14 Carolina reports: DURHAM, N.C. — A defense attorney says prosecutors have dropped rape charges against three Duke University lacrosse players. Charges of kidnapping and sexual offense still stand against the three players. La Shawn Barber has …
Trackback by Michelle Malkin — 12.22.06 @ 12:36 pm
Looks like there is no Duke rape case anymore.
Rape charges dismissed!
They’re still going to go after a couple other charges, but that is just the DA trying to save face.
Comment by Shawn — 12.22.06 @ 12:37 pm