Nifong expected in court today for hearing in criminal contempt case

[bluestateguy]

Source: AP

DURHAM, N.C. (AP) - Disgraced former prosecutor Mike Nifong is expected in court today.

That's when a judge will begin the process of considering whether to hold Nifong in criminal contempt of court for his handling of the discredited Duke lacrosse rape case.

Superior Court Judge W. Osmond Smith III has already concluded there is probable cause to believe Nifong "willfully and intentionally made false statements of material fact" to the court during a hearing in the lacrosse case last fall.

And he initially planned to consider the actual contempt charge at today's hearing.

more

Read more: http://www.wistv.com/Global/story.asp?S=6841989

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Hopefully, this case will be a wakeup call to out of control cops and prosecutors. Nifong should go to jail, and end up broke and drinking out of a paper bag in an alley. I do hope that the DA in the Genarlow Wilson case is watching.

[Eugene]

1. Nifong admits: No crime in lacrosse case

Source: Associated Press

Nifong admits: No crime in lacrosse case

By AARON BEARD, Associated Press Writer
15 minutes ago

DURHAM, N.C. - Disgraced former prosecutor Mike Nifong
acknowledged Thursday there is "no credible evidence" that
three Duke lacrosse players committed any of the crimes he
accused them of more than a year ago, offering for the first
time a complete and unqualified apology.

"We all need to heal," Nifong said. "It is my hope we can
start this process today."

Nifong's apology came as a judge began considering whether
to hold the former Durham County district attorney in criminal
contempt of court for his handling of the case.

Superior Court Judge W. Osmond Smith III has already
concluded there is probable cause to believe Nifong "willfully
and intentionally made false statements of material fact" to
the court during a hearing in the case last fall. If he finds
Nifong in contempt, the now-disbarred former prosecutor
could face up to 30 days in jail.

-snip-

Read more: http://news.yahoo.com/s/ap/20070726/ap_on_re_us/duke_lacrosse

[Mike Daniels]

2. Time for those who continued to defend the stripper or claim that the white boys got away with it

through witness intimidation and payoffs to sit down for a big ass helping of crow pie.

[Exiled in America]

4. No shit! Where did they all go???

[Mike Daniels]

5. I imagine they'll avoid this thread since "but...but..."

has just been thrown out the window with Nifong's statement.

[mbperrin]

9. Yep, you're right. It turns out to be perfectly okay for well

connected white boys, even ones on probation for assault, to hire strippers and drink underage and raise hell and piss on the neighbors' lawns and yell racial epithets and send e-mails expressing the desire to kill and skin future strippers. Further, it's a shame that their careers in a candy ass sport like lacrosse were interrupted, because it certainly prevents them from making big bucks in the future at the Lacrosse World Super Bowl Championships televised. Oh, and it is a shame their career choices are so limited now, too. One of them had to settle for a cush position at Goldman, Sachs. Oh, the agony and suffering!

Please accept my abject apology for not realizing the above until now. I'll have some of that Jim Crow now, please, a great big slice. MMMMMMMMMMMMMMMMMMMMMMMMMMM!

[bluestateguy]

13. Apology accepted.

nt

[Socal31]

14. "Well connected white boys"

Fucking racist.

[Mike Daniels]

17. you realize they weren't arrested for acting like jackasses?

They were arrested because of charges filed by a liar that were then pursued by a DA who was more interested in winning an election by kowtowing to a specific population in Durham vs. any sense of justice.

Given that Nifong has now said "no CREDIBLE evidence" existed, what is your beef?

Incidentally, the person who wrote the over the top e-mail wasn't even one of the accused but I suspect you've known that for some time.

[SayWhatYo]

20. Just because someone says "no credible evidence existed"

It doesn't mean the rape didn't occure. We'll never know because the case will not go to court, so the truth of the rape will not come out. Good for the players, but bad for the victim and all future victims of rape.

[defendandprotect]

3. This will be another Tawana Brawley case . . . and there are many more witnesses in this one.

We'll have to wait for truth.

[Exiled in America]

6. No one credible is disagreeing about what the "truth" is.

The "truth" is not in dispute. The Attorney General of the STATE stated that they were "innocent" and that's the exact word he used. He said there was no credible evidence against the players.


We approached this case with the understanding that rape and sexual assault victims often have some inconsistencies in their accounts of a traumatic event. However, in this case, the inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred in that house that night.

"The prosecuting witness in this case responded to questions and offered information. She did want to move forward with the prosecution.

However, the contradictions in her many versions of what occurred and the conflicts between what she said occurred and other evidence, like photographs and phone records, could not be rectified.

Our investigation shows that:

The eyewitness identification procedures were faulty and unreliable. No DNA confirms the accuser's story. No other witness confirms her story. Other evidence contradicts her story. She contradicts herself. Next week, we'll be providing a written summary of the important factual findings and some of the specific contradictions that have led us to the conclusion that no attack occurred. "

[defendandprotect]

10. No one can proclaim anyone "innocent" -- that's a jury's verdict --

And in trying to suggest such a thing, the AG would be also trying to suggest that the woman involved was somehow "guilty" --

We all know these are opinions -- not fact --

[defendandprotect]

11. Is this about posters thinking on justice . . . or is it emotionalism about the frequency of rape?

Because globally -- rape of women is not only used as a tool of war -- it is a patriarchal tool connected to violence against women and oppression of women.

Further, there seems to be a strong connection between male sports teams and rape --

And this subject of male violence against women is little acknowledged and little investigated . . .

[bluestateguy]

12. Uh huh

A certain bar of evidence must be passed for a case to be able to stand trial. The Duke case did not meet that bar.

Furthermore, I'm really sure all of the people here who still think the players are guilty and are obviously angry and bitter that their little Lifetime Movie Channel script didn't play out here would call the boys "innocent" if they were actually tried and acquitted. Yeah. Sure.

[Mike Daniels]

18. I bet the people who were adamant that the accused "did it"

would have been screaming bloody murder about Nifong if all other elements of this case were unchanged but the races of the principals had been changed (black athletes and white stripper)

[marshall]

16. That is in the case of a trial

The case never made it to court.

[SayWhatYo]

19. Doesn't seem fair that the victim didn't get her day in court.

[marshall]

21. Which victim?

[bluestateguy]

22. You don't get a day in court if you lie, change your story and fabricate events

The law requires a series of bars that must be met in the criminal justice system: a certain degree of evidence to arrest someone, a certain higher degree of evidence to indict, and a still higher degree of evidence to go to trial.

On the third count, there was not enough evidence, and on the first two the evidence was produced on the basis of fabrications and changing stories.

[superconnected]

24. You mean like the lacrosse students allegedly did.

And allegedly the girl.

Wouldn't it have been nice to get it in court where everything isn't alleged anymore.

[LisaL]

28. WTF are you talking about?

[bluestateguy]

31. Some people are very bitter that this case didn't play out like a bad movie on the Lifetime Channel

You know, with the mean old rich white boys victimizing the downtrodden poor black girl.

They probably had the cast of washed up actors all ready to go, with Timothy Bottoms playing Nifong, Macauly Culkin, Fred Savage and Haley Joel Osment as the Lacrosse players, and Keisha Knight Pullium as Crystal Gail Mangum.

Maybe Marilu Henner could have played Nancy Grace.

Ooops! Not going to happen.

[LisaL]

35. I bet Grace would have been happy to play herself.

:rofl:

[LisaL]

32. The reason she didn't get her day in court is because AG Cooper

decided not to charge her. But at least Nifong seems to be getting his day in court.

[LisaL]

27. We have a presumption of innocence.

The burden of proof is on the prosecution. And jury doesn't even have an option of "innocent" because innocent people aren't supposed to be put on trial.

[dsc]

30. You are wrong on both counts

Juries declare people not guilty not innocent. Conversely prosecutors are the perfect people do declare innocence. If even they believe that the person is innocent then the person is innocent.

[LisaL]

34. Have you ever heard about presumption of innocence, or is

this concept completely foreign to you?
As for the woman, AG Cooper said she wouldn't be charged since she might believe her many stories.

[superconnected]

25. and the last attorney lied. So...?

Kind of makes attorneys uncredible no? Or do you just pick and choose.

I'll trust a judge and jury to proclaim someone guilty or innocent.

A case not going to court only means, it didn't go to court because the prosecutor didn't himself see a reason to pursue it.

[LisaL]

29. Again, WTF are you talking about? Which attorney lied?

Do you have any comprehension of how legal system is supposed to work?
The jury or a judge can't proclaim someone innocent, only guilty or not guilty. There is not even an option of "innocent."

[marshall]

7. 'We all need to heal"----what a load of crap!

Is that Nifong's version of "it's for the children...."?

[Mike Daniels]

8. I'm sure that Nifong's soon to be empy bank account will help in the healing process

Nifong deserves all the bad karma he has coming his way.

[superconnected]

23. Until the victim recants, they are still accused of rape.

Whether they did rape her or not, we may never know. They fought successfully to make sure it didn't get to court. And boy did that take a fight - a year and 50 attorneys, which in the end didn't matter because all they needed was the prosecuter removed and one to replace him that wouldn't try the case.

[Eugene]

26. Due process is not limited to just the fair trial.

The DA hid exculpatory evidence. Do you suppose the
DNA evidence would have surfaced without a fight?
Do you believe that the DA would have disclosed the
hidden evidence in time for an acquittal?

The government needs a good faith suspicion of guilt
before it arrests and proscutes. DA Nifong admits he
did not have it.

He lied and cheated to secure an indictment. Would he
play fair with the defendants at trial? I don't think so.

This was a false prosecution and a dangerous abuse
of state power. The accused had to spend big bucks
to defend themselves because the Nifong hid evidence.

[Blue_Tires]

15. the one thing i hope comes from this is

from here on out, the public will continue to heave heavy scrutiny on all overzealous cops and prosecutors, and not just the ones that accuse well-connected rich students....

[robcon]

33. I agree. I think the word to describe an overzealous prosecutor

who trumps up false charges is that he/she "nifonged" the accused.