Thursday, June 15, 2006
Nifong Then and Now
Local first class blogger Jeff Goldstein posted a few days ago a hilarious post mortem interview with Zarqawi where there obviously were no answers. That's the unfunny situation with Durham, NC District Attorney Mike Nifong. At the beginning of the Duke Lacrosse "Rape" case, he was talking a mile a minute. Now that his case has all but completely fallen apart, you can hear pins drop in his offices.
Let's compare what he said during the salad days to what appears to be the truth.
Salad Days: On March 23, prosecutors asked a judge to order DNA samples from 46 lacrosse players: "The DNA evidence requested will immediately rule out any innocent persons, and show conclusive evidence as to who the suspect(s) are in the alleged violent attack."
Nifong expressed confidence that the DNA would be important to filing charges. "By next week, we'll know precisely who was involved," he said shortly after the samples were taken.
Truth: None of the Duke players left any DNA material in or on the 'victim'
Salad Days: Before the results were made public, Nifong told The News & Observer, MSNBC and The Charlotte Observer that condoms might have been used during the alleged sexual assault.
"If a condom were used, then we might expect that there would not be any DNA evidence recovered from say a vaginal swab," Nifong told MSNBC on March 31.
"I would not be surprised if condoms were used," Nifong told The Charlotte Observer in a March interview published April 11. "Probably an exotic dancer would not be your first choice for unprotected sex." [and Rush Limbaugh is criticized for calling the accuser a 'ho']
Truth: The accuser told a nurse March 14 "that no condoms ... were used during the alleged sexual assault," according to an affidavit by defense lawyers Kirk Osborn and Ernest Conner.
Note the change. DNA will be helpful then once he gets the bad news that DNA evidence exonerates his suspects, he begins the back track blaming the lack of DNA on condoms even though his now, pretty much only witness says there were no condoms.
This had to hurt, but he went forward with charges after the DNA cleared the three.
Salad Days: In the March 23 court filing, prosecutors said the accuser reported being "hit, kicked and strangled."
"She was grabbed from behind," Nifong told MSNBC on March 31. "Somebody had an arm around her like this, which she then had to struggle with in order to be able to breathe. ... She was struggling just to be able to breathe."
Truth: According to Osborn and Conner's affidavit, the accuser told the nurse March 14 "that she was not choked." One doctor noted that the accuser denied being hit and that she claimed no tenderness in her neck. The nurse noted that her head and neck were normal.
Salad Days: Nifong has been unwavering in saying the woman was raped in a bathroom at 610 N. Buchanan Blvd.
His prosecutors filed court papers March 23 saying she reported being raped vaginally, anally and orally.
"There's no doubt in my mind that she was raped and assaulted at this location," Nifong said March 29 on "The O'Reilly Factor" on Fox News.
"My reading of the report of the emergency room nurse would indicate that some type of sexual assault did in fact take place," Nifong told WRAL on March 29.
Truth: The accuser told doctors that she was assaulted vaginally and made no mention of any other sexual assault. The nurse's examination of the accuser's pelvic area noted swelling of the vaginal walls but no vaginal injuries, according to Osborn and Conner's affidavit.
I don't want to rush to judgment here, but it's beginning to look like DA Nifong might be wrong about some of the evidence he only thinks he has.
Let's compare what he said during the salad days to what appears to be the truth.
Salad Days: On March 23, prosecutors asked a judge to order DNA samples from 46 lacrosse players: "The DNA evidence requested will immediately rule out any innocent persons, and show conclusive evidence as to who the suspect(s) are in the alleged violent attack."
Nifong expressed confidence that the DNA would be important to filing charges. "By next week, we'll know precisely who was involved," he said shortly after the samples were taken.
Truth: None of the Duke players left any DNA material in or on the 'victim'
Salad Days: Before the results were made public, Nifong told The News & Observer, MSNBC and The Charlotte Observer that condoms might have been used during the alleged sexual assault.
"If a condom were used, then we might expect that there would not be any DNA evidence recovered from say a vaginal swab," Nifong told MSNBC on March 31.
"I would not be surprised if condoms were used," Nifong told The Charlotte Observer in a March interview published April 11. "Probably an exotic dancer would not be your first choice for unprotected sex." [and Rush Limbaugh is criticized for calling the accuser a 'ho']
Truth: The accuser told a nurse March 14 "that no condoms ... were used during the alleged sexual assault," according to an affidavit by defense lawyers Kirk Osborn and Ernest Conner.
Note the change. DNA will be helpful then once he gets the bad news that DNA evidence exonerates his suspects, he begins the back track blaming the lack of DNA on condoms even though his now, pretty much only witness says there were no condoms.
This had to hurt, but he went forward with charges after the DNA cleared the three.
Salad Days: In the March 23 court filing, prosecutors said the accuser reported being "hit, kicked and strangled."
"She was grabbed from behind," Nifong told MSNBC on March 31. "Somebody had an arm around her like this, which she then had to struggle with in order to be able to breathe. ... She was struggling just to be able to breathe."
Truth: According to Osborn and Conner's affidavit, the accuser told the nurse March 14 "that she was not choked." One doctor noted that the accuser denied being hit and that she claimed no tenderness in her neck. The nurse noted that her head and neck were normal.
Salad Days: Nifong has been unwavering in saying the woman was raped in a bathroom at 610 N. Buchanan Blvd.
His prosecutors filed court papers March 23 saying she reported being raped vaginally, anally and orally.
"There's no doubt in my mind that she was raped and assaulted at this location," Nifong said March 29 on "The O'Reilly Factor" on Fox News.
"My reading of the report of the emergency room nurse would indicate that some type of sexual assault did in fact take place," Nifong told WRAL on March 29.
Truth: The accuser told doctors that she was assaulted vaginally and made no mention of any other sexual assault. The nurse's examination of the accuser's pelvic area noted swelling of the vaginal walls but no vaginal injuries, according to Osborn and Conner's affidavit.
I don't want to rush to judgment here, but it's beginning to look like DA Nifong might be wrong about some of the evidence he only thinks he has.
# posted by Roger Fraley @ 7:01 PM 
Comments:
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“If Mike Nifong doesn't get disbarred after this, then there really is a corrupt system in Durham that protects rich white guys. In Nifong's case - stupid rich white guys with transparent political agendas.”
I thought the stripper had serious integrity issues, but seems to Nifong have serious integrity issues of his own. Publicly trying to convict and condemn these boys in the media is unethical to say the least, but fabricating a case to convict these boys in court is criminal
VOTE FOR County Commissioner Lewis Cheek's for Durham District Attorney
I thought the stripper had serious integrity issues, but seems to Nifong have serious integrity issues of his own. Publicly trying to convict and condemn these boys in the media is unethical to say the least, but fabricating a case to convict these boys in court is criminal
VOTE FOR County Commissioner Lewis Cheek's for Durham District Attorney
# posted by 
: 1:00 PM
: 1:00 PM
R,
Although I am usually loath (at this point Doug wants to chime in and advise I forgot the "ed") to judge cases and evidence from afar, these indictments are flunking the smell test mightly from my distant prospect.
Perhaps we should send Mr. Nifong a copy of the Colorado Supreme Court opinion in Higgs v. District Court, 713 P.2d 840 (Colo 1986) in which the Colorado Supreme Court upheld a 1983 civil rights action verdict in favor of Ronald Higgs against two 18th Judicial District DA's. These DA's proceeded to try Mr. Higgs for sexual assault and burglary when the photo ID was on beyond iffy; the rest of the ID was way beyond questionable; and Mr. Higgs was possessed of some very good alibis, to wit, he was 20 miles away from the scene of the crime and on his way to have have lunch w/ his minister at the time of the alleged break in and he was at the movies w/ his wife at the time of the alleged sexual assault.
The criminal trial was highly publicized. The alleged crimes occurred in 1978 and for those of us living in Colorado at the time, Douglas County was a very much smaller place than it is now w/ respect to population. Then we had one HS; now we have eight.
Although acquitted, Mr. Higgs lost his insurance business and his wife divorced him. In the civil action, which I believe was tried in 1983, the jury returned a verdict of $770,000 in compensatory damages and $351,000 in exemplary damages. That was a lot more $ then than it is now.
Better yet, instead of sending the opinion to Mr' Nifong, perhaps we should send it to the indicted players.
Now to switch gears entirely, I need to ask Doug about his posting a few weeks ago regarding "queueing," a word that lines up 5 consecutive vowels. My American Heritage Dictionary spells it "queuing." I consider the American Heritage Dictionary as authoritative particularly when it comes to usage, but everyone has there favorite so I am only asking which did you consult. In the meanwhile, may I recommend "maieutic" which lines up 4 different vowels, and "maieutically" which conatins all 5 vowels.
Cheers,
T
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Although I am usually loath (at this point Doug wants to chime in and advise I forgot the "ed") to judge cases and evidence from afar, these indictments are flunking the smell test mightly from my distant prospect.
Perhaps we should send Mr. Nifong a copy of the Colorado Supreme Court opinion in Higgs v. District Court, 713 P.2d 840 (Colo 1986) in which the Colorado Supreme Court upheld a 1983 civil rights action verdict in favor of Ronald Higgs against two 18th Judicial District DA's. These DA's proceeded to try Mr. Higgs for sexual assault and burglary when the photo ID was on beyond iffy; the rest of the ID was way beyond questionable; and Mr. Higgs was possessed of some very good alibis, to wit, he was 20 miles away from the scene of the crime and on his way to have have lunch w/ his minister at the time of the alleged break in and he was at the movies w/ his wife at the time of the alleged sexual assault.
The criminal trial was highly publicized. The alleged crimes occurred in 1978 and for those of us living in Colorado at the time, Douglas County was a very much smaller place than it is now w/ respect to population. Then we had one HS; now we have eight.
Although acquitted, Mr. Higgs lost his insurance business and his wife divorced him. In the civil action, which I believe was tried in 1983, the jury returned a verdict of $770,000 in compensatory damages and $351,000 in exemplary damages. That was a lot more $ then than it is now.
Better yet, instead of sending the opinion to Mr' Nifong, perhaps we should send it to the indicted players.
Now to switch gears entirely, I need to ask Doug about his posting a few weeks ago regarding "queueing," a word that lines up 5 consecutive vowels. My American Heritage Dictionary spells it "queuing." I consider the American Heritage Dictionary as authoritative particularly when it comes to usage, but everyone has there favorite so I am only asking which did you consult. In the meanwhile, may I recommend "maieutic" which lines up 4 different vowels, and "maieutically" which conatins all 5 vowels.
Cheers,
T
# posted by : 7:45 PM
: 7:45 PM << Home
