Your Lying Eyes

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06 August 2006

Duke Rape DA Nifong Is a Liar

A fine review of the case in an article in the Charlotte News & Observer (via Drudge) makes the case against Nifong rather succinctly:
He called the players hooligans and said he abhorred the gang-like rape accompanied by racial slurs. He disparaged rich Duke students whose daddies could hire expensive lawyers to get them out of trouble. He told reporters that DNA tests would tell precisely who was involved in the attack.

And Nifong made a series of factual assertions that contradicted his own files: He suggested the players used condoms; he accused the players of erecting a wall of silence to thwart investigators; and he said the woman had been hit, kicked and strangled.

The medical and police records show that the victim had said no condom was used, that police had interviewed three players at length and taken their DNA samples and that the accuser showed no significant bruises or injuries.

So he is simply a bald-faced liar. There are few things more abhorrent in our society than a prosecutor who lies in order to gain a conviction. The state wields no greater power against the citizenry than its ability to put people in jail. In this case each of the accused faces decades in prison if convicted. Abuse of this power should be the #1 concern of the citizenry, not, say, whether high school football coaches should be saying prayers before a game, as the NY Times reports today. Terrible injustices happen all the time, of course, particularly with rape, but usually it's due to incompetence or laziness or basic flaws in our process (particularly for rape). But outright subterfuge is hopefully rare. This Nifong should be investigated by the State of NC immediately - he should be at a minimum disbarred if the facts in this article are verified. The rape case of course should be dismissed out-of-hand.

And where is the Times on this case? They seemed to lose interest the less and less it appeared there was a real crime to investigate. Back in the late 80's the Times was instrumental in exposing the Tawana Brawley hoax, publishing a 6,000 word expose (link if you have Times Select) that ended the controversy once and for all. This N&O article is good, but far from the kind of comprehensive analysis the Times could muster. Perhaps they're working on it - it was after about a year of reporting the Brawley case as a presumed crime before they exposed it as the hoax it was, and that was in their backyard - we shall see.

11 Comments:

Anonymous Anonymous said...

Mike Nifong lied about many things to destroy the lives of innocent young men.

He claimed a rape drug was used, but he was the only one with the medical exam at the time, so he knew that no drug test were done.

Mike Nifong deserves to be in jail for a long time for all the harm he's done to these boys, their families, and the city of Durham.

August 06, 2006 2:39 PM  
Anonymous Anonymous said...

Something I've personally seen with DA's here in Nashville and police departments in general is the OVERCHARGING someone when they do commit a crime or misdemeanor.

If you get into a fight at a bar, even if you didn't start it or throw the first punch, and you win, and perhaps you have had a little martial arts experience and break a jaw or a rib (or both) and your opponent is put down to the point that he's no longer a threat to get back up and harm you.................believe me, you will be charged with the misdemeanor assault. But wait, you kicked him with your shoes ON didn't you? That makes it assault with a deadly weapon too, so you get charged with that also because you also struck him with your fists. Mind you, you DID NOT throw the first punch at this raving drunk.

Smart off at the police officer cuffing you saying "this is ridiculous bullshit, I just protected myself from this MF"? ......Resisting Arrest, interfering with a police officer, etc. Just glad enough people there to witness against the cop claiming you hit HIM or anything.

So there you are charged with 4 different midemeanors and felonies. But wait, now the defendant claims after you beat him up, you threw him down on the ground. The ground you see, also is a "weapon", so thats another "assault with a weapon".

Astonished at the ourtrageous bail for this barfight you didn't start? What would you expect for just a little scuffle with no weapons involved and nobody cut or dead or anything? What would you expect bail to be on five different charges though?

Thousands of dollars to the bondsman to not spend a month in the county lockup awaiting trial (and losing your job if you cant show up for a month) on what is essentially BS. Then you HAVE to have a lawyer (showing up in court without a lawyer is an offense to a judge who used to be a lawyer as he wants to see his brethren get paid), and you HAVE to pay court costs, you HAVE to take a day off work to go to court............................................for something you tried to avoid dammit, you tried to talk the SOB out of it.


This stuff happens more than you think. Prosecutorial discretion is unfair. Grudge-bearing women who get caught up in obvious lies claiming their ex is stalking them (even when he has a new live-in girlfriend thats with him in all his free time) mysteriously dont get prosecuted, but men accused of anything see it treated like the damned Valachi papers or something with no checking up before an arrest is made.

All these reasons are why I'd rather have conservatives who naturally fear the state and what it can become handle our justice instead of atheistic liberals who believe in no higher power than a constitution that their judges can distort to mean whatever they want it to.

Distric Attorneys can become a little law unto themselves in cities. They can direct the serving of warrents on rather flimsy evidence and stack the deck in court with attempts to restrict jurists and counsel from seeing excupatory evidence if the wish to. Mike Nifong is a splendid example of this.

What really bugs me is a worm like Nifong will see no consequences for his malfeseance against these Duke guys (who really may be jerks, but not rapists). He's cost their families a small fortune in bail and legal costs. These guys, even if exhonerated, will never be "proud" that they were "those Duke guys that got railroaded all those years ago". Certain quarters will always insist they did "something wrong". They'll deal with this stigma for the rest of their lives, especially Siegelman and Finnerty because their names were used in the media so much.

But not Nifong. If anyone deserved to get into a lose a barfight, BADLY, its Nifong. He's not gonna get disbarred though. Thats wishful thinking. Ive found that lawyers and judges look out for themselves here a great deal. Only a lawyer committing obvious perjury in a high profile case defending a conservative with a conservative cause might see his state's Bar really aggresively try to disbar him for life. Lots of folks don't know when a lawyer gets disbarred, it might only be for a year or so before he gets quietly re-instated. He can just apply in another state anyway. Its not the death folks think it is.


We need federal laws that allow victims of judicial crime to appeal to a national board that examines the case and determines if prosecutorial misconduct was used. If convicted, the prosecution should have to serve STATE time. State time in state prisons means they willpossibly be beaten and raped. Not ClubFed. Thats not near punishment enough. If that prospect was hanging over cops and DA's heads, they'd be a lot more honest when they went after someone. The lies would become much less prevalent too as cameras are everywhere these days ("did someone see us do that to him? are you guys sure? lotsa camera phones out there and cars were passin' by, there was a crowd gathered, not sure I wanna risk that?"---is the type of thing an officer might ask a DA who wants to press charges on you cussing an arresting officer, claiming you were "interfereing" with him).

August 09, 2006 9:38 PM  
Anonymous Anonymous said...

"All these reasons are why I'd rather have conservatives who naturally fear the state and what it can become handle our justice instead of atheistic liberals who believe in no higher power than a constitution that their judges can distort to mean whatever they want it to. "

Unfortunately, that could describe today's so called conservative judges too. Do you realy trust these Federalist Society judges that have been appointed by the Republicans the last few years? I don't see any natural fear of the state among today's neocons.

But you are right, today's DA's are often petty tyrants. You wouldn't believe some of the prosecutorial outrages that Paul Craig Roberts has documented in his book, "The Tyranny of Good Intentions : How Prosecutors and Bureaucrats Are Trampling the Constitution in the Name of Justice".

What amazes me is that when a local DA has repeatedly shown himself to be concerned only with political ambitions and getting media exposure, with no regard for justice, the local dumdum voters keep returning them to office anyway.

But in Nifong's case, looking at the local demographics in Durham, i think we can see why that is.

August 11, 2006 1:45 AM  
Blogger Nicholas said...

Excellent post, ziel, however, it was New York Newsday that buried Tawana Brawley in August, 1988. They got the exclusive interview with an old boyfriend of hers, who said that she had revealed to him that the whole thing was a hoax.

August 15, 2006 1:02 AM  
Anonymous Anonymous said...

I was just thinking about this case earlier today. As is par for the course with these hate crimes hoaxes, the initial charges received far more attention than did the evidence that refuted the charge. Consequently, many people still believe that the rape happened.

Nifong is an obvious sociopath.

August 17, 2006 10:21 PM  
Anonymous Anonymous said...

Nifong is a national joke. This rape hoax should have never received this much attention and allowed to be this destructive

August 22, 2006 11:57 AM  
Anonymous Anonymous said...

Nifong is a national joke. This rape hoax should have never received this much attention and allowed to be this destructive

August 22, 2006 11:58 AM  
Anonymous Anonymous said...

Nifong is a national joke. This rape hoax should have never received this much attention and allowed to be this destructive

August 22, 2006 11:58 AM  
Anonymous Anonymous said...

Here's a thought
When a stripper passed out in Durham.

I guess it happened years ago. I started having sex at a very early age. I’m not sure why, I just wanted to. When I was still in high school, I was in competition with myself to see how many boys I could have sex with in a week. I became quite self educated in the subtle differences there are in each boys genitalia.

Guys who looked like they were packing huge equipment sometimes where packing “happy meal” toys, while guys you would least expect would be packing man-size equipment that would make any girl’s mouth water and pusy sweat.

One day I had sex with three boys in the bathroom of my boyfriend’s house, and I immediately got a reputation f being easy. That reputation was a double edged sword. On the positive side, I got more guys than ever, but on the negative side everyone knew. Even in this age of “equal rights” girls still suppose to not like having sex. Strangely, feminist are the ones perpetuating this myth. A feminist friend of mine told me if I claimed I was raped, I could redeem myself and reputation. I could blame my avid hunger for sex on “being abused at an early age”. She even suggested that I claim I was raped by my father. My reputation would be instantly vindicated as I enjoyed all the powers and benefits of being a “victim”.

Years later when I was being dishonorable discharged from the Navy for having sex with over half the men and few of the women in my squad, I claimed I was raped, but since many of my sexcapades were video taped, I didn’t want to risk being caught in a lie because I couldn’t remember which guys and gals video taped me and which ones didn’t, so I made a claim in 1996 that I was raped by three boys when I was in high school.

It was tough living the lie, and I wasn’t interested in being in the Navy anymore. A friend told me I could make tons of money by marrying a man, having his child, then leaving him forcing him to pay child support which can take up to 60% of his net pay. If I had children from three different guys, I could collect over one thousand dollars of tax free child support each month for 18 years, but that plan fell through because I married a loser who found out I gave birth to another man’s child while married to him. My ex-husband tried to gain custody of my child, but I didn’t want to pay child support to him, so in 1998 I claimed that he kidnapped me and tried to kill me.

I’ve been a stripper/prostitute/escort for awhile now, and I’ve been taking a few classes at UCNC in hopes to recruit a few girls of my own to pimp out. One night in 2002 I was having a particular good night, so I partied a little too hard, gave a public lap dance to a cab driver, when he wouldn’t have sex with me in exchange for cab fare, I stole his cab, and when the cops tried to stop me, I tried to kill them. I’m still on probation for that little incident.

Earlier this year in 2006, I was working my ass off – literally! I had sex with a “client”, then with my boyfriend, then with a battery vaginal sex toy, then with two guys in exchange for a ride to the lacrosse party. The boys were pissed because I arrived so wasted. I had my routine party drugs that evening and I was feeling grrrrrreate! I stumbled all over the place, and after five minutes I wanted to leave. After why not? I already was paid. My stripper friend, “K”, was arguing with the boys over us taking the money without providing a show. She called them racial slurs and they responded in kind, but to get them back, she called 911 and lied claiming that we were only driving by and racial slurs were being yelled at us. We laughed and laughed that the 911 –people could be so stupid.

I was so wasted that I forgot my money and phone at the boys’ house, but the $400.00 “K” didn’t want to slpit her take with me, so she called the cops to have me arrested. I drank the last of my booze and took the last of my party drugs so the cops wouldn’t atke it. By the time the cops arrived I was feeling “fffffffine!” And that’s when it hit me! I was being arrested for … oh I forgot, but to get out of it I claimed rape. That always works. I was surprised they believed me. My story was wild and a fantastic fantasy, but I had no evidence to back it up. I only had a little scratch on my knee from when I fell when I was totally wasted, and a little scrape on my ankle. The doctor and the nurse checked my pusy. I really enjoyed that. I’m thinking of having pap smears every week. I love laying there naked with my legs up and cold metal probes are inserted into my vagina. I must have had four orgasms just waiting there.

The local DA, he’s such a loser, wanted so badly to get elected that he cherry picked every piece of evidence to make a case. All he cared about was making national news. He said it was better than sex, and I would agree. In college, the DA should have spent less time with his head in books, and more time learning how to please a woman. You’d figure a white man with such a small penis would make up the difference with some kind of technique.

It’s amazing how feminist groups and racist groups are fast to jump on cases like this. I figure I can make bucks on the movie right alone. I thin it’s a laugh how news anchors like Nance and Wendy twist and stretch any evidence or story to make sure people believe a rape actually occurred, but when someone points out that the evidence proves the rape didn’t really exist, both Nance and Wendy claim that others are twisting and stretching the evidence. Talk about the kettle calling the pot black. Nancy and Wendy are my heroes. They have no integrity and that’s probably how they got where they are. Girls like Nancy, Wendy, and me should stick together. Using victimhood as a weapon and tool for personal gains will get us rich! I kinda feel sorry for those boys though, but you can’t make an omelet without breaking a few eggs.

This is only my personal fictional story.

August 24, 2006 10:29 AM  
Anonymous Anonymous said...

Comparing LAX case to that of Scottsboro Nine


I am a college instructor who teaches criminal justice and a criminal defense attorney. In my entire career I have never seen such a bizarre and unfair case as the one against three Duke lacrosse players.

I teach a class about a similar case in American history, the Scottsboro Nine. In March 1931, a group of nine black teen-agers was charged with rape on incredibly flimsy evidence in Scottsboro, Ala. The nine were originally charged with the rape of two white women. Even after one woman testified that she lied about the rape, the nine teens continued to face rape charges and the threat of death by execution.

In the Scottsboro case, the two women were part-time prostitutes, but that didn't matter, nor did it matter that at least one of the boys was known to be physically unable to have sex, and two of the boys were only 13. Like Durham, the real issue was race.

In Scottsboro, nine young men were wrongly charged and condemned because they were black, and today the Duke lacrosse players have, in my opinion, been wrongly charged and condemned because they are white and the alleged victim is black.

The one constant with respect to the two cases is racism. I often ask my students if it possible for blacks to discriminate against whites in the same type of mindless ignorance as the KKK or the way the mob went after the Scottsboro Nine. The answer I receive is yes, and my students point to Durham as proof.


JOSEPH R. GUTHEINZ JR
Houston
May 20, 2006


Many prominent folks in Durham supported the candidacy of Mike Nifong for district attorney, none more distinguished than law professor Robinson Everett. His column of May 12, "Try a lie detector test for alleged victim" is sage advice. Given the accuser's troubled history of crying "rape," according to law enforcement officials, one might reasonably ask why Nifong did not administer such a test when she first made these allegations some two months ago. The job of prosecutor is not just to seek indictments; it is to seek justice. The suggestion that the accuser be given a lie detector test is not just good advice, it is an exit strategy for a prosecutor whose case now appears to be hopelessly lost.

GRAHAM MARLETTE
Durham
May 20, 2006

No-case Nifong


Once again District Attorney Mike Nifong has been shown to be an arrogant individual who apparently cares more about publicity and getting votes than he does about seeing that justice is served. If we the public are getting the right information from the press and the defense attorneys, Nifong does not have a case.

It appears to me that Nifong erroneously opened his mouth in an irresponsible manner initially in order to obtain votes and is now too arrogant and egotistical to admit his mistake. So he has chosen to continue with a case that as it stands now would render a not guilty verdict by any impartial jury. I only hope that if this case goes to trial that the jury is not made up of people who are out to get the "well-to-do white boys from the north."

Nifong's conduct does not say much for our justice system here in Durham and/or for his qualifications for the DA position. Too bad that all Durham registered voters did not have the option of voting on the DA position. No, I have not predetermined that these boys are not guilty but, if Nifong has no more than has been evident so far, I also could not beyond any reasonable doubt say they are guilty. I will say that many things concerning this matter stink and I pray that the real truth comes out at some point.


R. DEWEESE
Durham
May 20, 2006


Bigoted support


Alas, I graduated from college a few years ahead of the Myspace and Facebook crazes. But recently I decided to see what all the fuss was about. Being a Durham resident, I searched on Myspace for message boards about the Duke lacrosse case, curious to read how my peers had weighed in. Of five groups, four backed the lacrosse players. Supporting them in principle does not concern me -- they are indeed innocent until proven guilty. But the content of the messages I read were shocking: "I think some poor, black girl was pissed at the rich, white kids and decided she would try and take them down. … I'm not racist, but these are the kind of things that make people that way." "…Colin Finnerty wudnt [sic] do such a thing especially coming from such a good family." "Once this case gets tossed out like it should, they should throw [the accuser] in jail for being a waste [of] humanity." Such comments were unfortunately not exceptions to the rule. According to these folks, people can be "driven" to racism; kids from "good" (aka wealthy) families don't do "such things," and the accuser is a "waste of humanity." What happened at that party I do not know. But I am sure of this: no woman deserves such a verbal gauntlet of ignorance as I read today. To my generation: resorting to bigotry, classism and hatred is not the way to go. Get real and grow up.


KRISTINE DEKU

No Duke players wore bands saying 'innocent'


"Reprehensible," "astonishing" and "shame" are just some of the words Earl Holt used in his guest column [Forum, June 1] to describe the audacity of Duke women's lacrosse team members wearing sweatbands saying "innocent" in the recent NCAA national semifinal game. In fact, as your editorial pointed out on May 30, no Duke player wore such a sweatband. Some of the women did wear bands with the uniform numbers of the three indicted male Duke players.

Others wore bands saying "No regrets, No excuses," the motto of the men's 2005-2006 season. In both cases, women players made a personal choice to show support for their friends, and they chose language decidedly different from what Holt rails against. Writing (and publishing) a column based on such a fundamental inaccuracy, is … well, I'll just leave it at "astonishing."

The writer is senior vice president for public affairs and government relations at Duke University.


JOHN BURNESS
Durham

It's all about race


--------------------------------------------------------------------------------

The mentality of those who have railroaded the three Duke lacrosse players can be illustrated no better than with the gross analogy put forth by Kim Brummell in her July 16 letter. Like her hero Mike Nifong, she operates without facts. The film "A Time To Kill" told a story of KKK hoodlums who raped and beat a pre-adolescent black child and left her for dead. Her father was found not guilty for killing them because his reaction was so understandable in such a circumstance. Let's do a 180-degree turn and get back to reality in Durham. The strippers in the lacrosse case are not innocent children and have extensive criminal histories of their own. Mike Nifong is certainly no actor. If he had that craft at his disposal perhaps most of the public would not have been so repulsed when he told a crowd on his campaign trail that he wasn't going to let it be said that a black woman can be raped by privileged white men at Duke University and get away with it in Durham, N.C. The heck this case isn't about race. That's all it's about. It sure isn't about facts and evidence. Using the film "A Time To Kill" and suggesting that it has any relationship to the Duke lacrosse case is inciteful idiocy and tailor-made for the race-baiters living in "Nifong Land." There's an Al Pacino film called "And Justice For All." I and many others will need to employ no dramatic license to say that its script will be played out in this case. All "cosmic justice" seekers look elsewhere.


DEBRAH CORRELL
Chapel Hill
July 24, 2006


It's all about race


--------------------------------------------------------------------------------

The mentality of those who have railroaded the three Duke lacrosse players can be illustrated no better than with the gross analogy put forth by Kim Brummell in her July 16 letter. Like her hero Mike Nifong, she operates without facts. The film "A Time To Kill" told a story of KKK hoodlums who raped and beat a pre-adolescent black child and left her for dead. Her father was found not guilty for killing them because his reaction was so understandable in such a circumstance. Let's do a 180-degree turn and get back to reality in Durham. The strippers in the lacrosse case are not innocent children and have extensive criminal histories of their own. Mike Nifong is certainly no actor. If he had that craft at his disposal perhaps most of the public would not have been so repulsed when he told a crowd on his campaign trail that he wasn't going to let it be said that a black woman can be raped by privileged white men at Duke University and get away with it in Durham, N.C. The heck this case isn't about race. That's all it's about. It sure isn't about facts and evidence. Using the film "A Time To Kill" and suggesting that it has any relationship to the Duke lacrosse case is inciteful idiocy and tailor-made for the race-baiters living in "Nifong Land." There's an Al Pacino film called "And Justice For All." I and many others will need to employ no dramatic license to say that its script will be played out in this case. All "cosmic justice" seekers look elsewhere.


DEBRAH CORRELL
Chapel Hill
July 24, 2006


Referencing the astute observation that District Attorney Mike Nifong made during his press conference today about political appointments, he affirmed: "I am struck by the irony that this group of citizens wants to use this procedure to make an end run around the electorate now," Nifong said. "I believe that Durham's district attorney should be selected by the voters of Durham, not by the governor."

I hope Nifong was listening to himself when he said those words, because Nifong ironically embodies the truth of that very mistake. Look at the mess we have been saddled with when the governor appointed the current DA.


ROBERT MICHAEL PANOFF
Durham
August 4, 2006

September 05, 2006 2:57 PM  
Anonymous Anonymous said...

Best regards from NY!
»

December 28, 2006 11:14 AM  

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