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  #31  
Old 04-12-2007, 11:00 AM
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Originally Posted by BENZ-LGB View Post
But what if that someone enjoys the sensations experienced at the end of the whip?

For instance, it would appear to me that Imus would enjoy the receiving end of a long session with the latigo.
I think Imus is already getting the "whipping" from the sound of it. ,or at least a pummeling.

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  #32  
Old 04-12-2007, 11:27 AM
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How about you, John Doe? What do you think? You're on the other side of this issue.
Doubt they will be able to sue the DA b/c of sovereign immunity, but he has a hearing later today or tomorrow to kick some of the ethics charges, so if they all stick we will see. The realistic recourse is to sue and/or swear out criminal affidavits against the stripper, which would accomplish nothing though, because she is judgment proof and the AG has said he would not prosecute her on his own initiative.
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  #33  
Old 04-12-2007, 11:48 AM
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Most "locals" feel relieved that justice has finally been served and that doesn't matter what race you are. Durham is one of the most diverse cities in the Research Triangle area of North Carolina consisiting of Raleigh, Durham, Cary and Chapel Hill and is very resilient. It is not like what many of the national networks portrayed during the last year. It is felt that Nifong's actions severely harmed the reputation of Durham, NC. It was very unfortunate that Nifong as a prosecutor, specultatively, propelled by political ambitions and visions of grandeur prosecuted these students even when there was no legitamate evidence against them. Tell me, how can a prosecuting District Attorney go on national TV and make comments about how these student were "guilty" even before a grand jury indicted them. The state Attorney General used the term "rogue" which is a strong term but, in the case of Nifong, probably not strong enough. Nifong has lost his credibility as the Durham district attorney and probably will be forced to resign. He will most likely be disbarred by the State of North Carolina and it will be interesting to see if they prosecute him further.

In the future I believe there will be several Civil cases entered against Nifong and Durham county. Where do these students go to get their reputation back? Some say they spent over $5 million defending this case. If it were not for the resources these students parents had, they could have ended up in jail for 30 years. What should the court system do to protect every citizen from wrongful "rogue" prosecutors like Nifong. It is unfortunate to say, but there is more like him out there. Nifong will probably be prosecuted to the fullest extent possible to set him as an example to other "rogue" prosecutors. The story is not over yet and it will be interesting to watch.

How about the LaCrosse coach who was forced by Duke University to resign his position before they were judged by a court of law to be guilty? I think if were that man I would want some retribution. Even Duke University did not support these students and take the position of innocent until proven guilty.

How about the Duke LaCrosse team who was forced by the Duke President to end their season early? They would have had a good chance at the national title. This season they are ranked No. 1.
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  #34  
Old 04-12-2007, 01:02 PM
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I see a new word in the vernacular.

Nifong:
Noun

An idiot

Slang: To Nifong

To publicly convict outside the court of law, without evidence and in derogatory terms.
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  #35  
Old 04-12-2007, 01:04 PM
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Title 42 U.S. Code Section 1983 makes state or local prosecutors liable for for violating a person's federal constitutional and statutory rights.

Prosecutors filing and trying cases are "generally" immune from Section 1983 lawsuits based upont "that" conduct, i.e., filing and prosecuting a case.

Prosecutors generally have absolute or qualified immunity for their actions. Absolute immunity, as the name implies, is very good to have. Qualified immunity is good, but the shield can still be pierced, thus exposing a prosecutor to liability.

So it all depends on what causes of actions are filed and how the evidence plays out.

DA Nifong may not be sued just for the mere act of filing the case against the players and for seeking the indictment.

But, if he committed some illegal acts along the way, which violated the accuseds' civil rights, then he may be in the hook.

Withholding the results of the DNA test is an act that comes to mind.

The improper photo lineup may be another act that constitutes a violation of the players' civil rights.

Finally, there may be other torts to hook the DA. Going to the press and characterizing these players as criminals (or whatever other incendiary language he initially used) before a jury had convicted them could potential expose the DA for civil liability for which he has no immunity.

Immunity does not mean that a prosecutor can act with impunity.

It will be very interesting to see how this all plays out.
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  #36  
Old 04-12-2007, 02:06 PM
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Read an article in the L.A. Times this morning.

"Calling the men victims of a 'rush to condemn', Cooper said flatly: "We believe these three individuals are innocent of these charges."

Several North Carolina lawyers said they could recall no case in which a sitting district attorney was so harshly and pubicly rebuked by a fellow prosecutor.
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  #37  
Old 04-12-2007, 03:40 PM
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Not Discussed In The News

The governor of the State Of North Carolina appointed Nifong to the position and he was not elected at the time the Lacrosse incident occurred. It has been said, although not widely known or substantiated, that the governor appointed him with the understanding that he would not run for the office.

After becoming the DA his assistant DA left and went back to private practice supposedly because she could not work for him. When it came time to elect a DA she decided to run for the office.

During the primary campaigning, the Duke incident occurred. The majority (around 56%) of Durham residents are black so many felt it was Nifong's way of getting the black vote. Nifong ended up winning the Democratic primary and since there were no Republicans running for the office, basically won the election. There was an attempt at election time to run a Republican candidate to take the election away from Nifong but it was not successful since the candidate said he would not take office if elected which would have allowed the governor to appoint a candidate of his choice.

After the election, the case was given to the State Attorney General's office. How did that happen...could there be some political pressure applied here from the governor's office? You can only speculate but if true you know one thing, Nifong will not be able to hold up under the pressure of the State Bar.

Once this is all over, he will be lucky to be able to get a job in a fast food restaurant. Would you want him fooling with your special sauce?
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  #38  
Old 04-12-2007, 03:47 PM
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Not MY special sauce....he may get it mixed up with someone else's special sauce.

That for the post Bob, that was a very clear explanation of events just before and just after the "incident."
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  #39  
Old 04-12-2007, 07:11 PM
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I graduated from Duke so I've been getting emails and letters from the adminstration since the beginning of this fiasco. I agree that Duke jumped WAY too quickly to judgement on this whole thing but I also know that the Lacrosse team has been seen as somewhat out of control and garnering too much negative publicity for the school over recent years. I think that figured into their knee-jerk action.

Here's a copy of the email I received today from the Chairman of the Duke University Board of Trustees:

"Dear Member of the Duke University Community,

I write to you on behalf of the Trustees of Duke University.

Today the North Carolina State Attorney General announced that all remaining charges against David Evans, Collin Finnerty and Reade Seligmann have been dropped and should never have been brought. This announcement explicitly and unequivocally establishes the innocence of David, Collin and Reade, who with their families have suffered an unimaginable year of accusation and public scrutiny. They deserve our respect for the honorable way they have conducted themselves during this long legal ordeal that ends with their exoneration.

The Attorney General determined that there was no credible evidence to support the charges that were brought, with so many statements of certainty, by the Durham District Attorney last spring. Many have suffered from his actions, these three students and their families most of all. The Attorney General's investigation places responsibility for this miscarriage of justice with the District Attorney, and we now look to the proceedings of the state bar to call him to account before his peers.

Much as we wish that these three young men, their teammates and their families and indeed the whole community of people who love Duke could have been spared the agony of the past year, we believe that it was essential for the University to defer to the criminal justice system. As imperfect and flawed as it may be, it is that process that brings us today to this resolution.

Throughout the past year President Richard Brodhead consulted regularly with the trustees and has had our continuing support. He made considered and thoughtful decisions in a volatile and uncertain situation. Each step of the way, the board agreed with the principles that he established and the actions he took. As we look back and with the benefit of what we now know there is no question that there are some things that might have been done differently.
However, anyone critical of President Brodhead should be similarly critical of the entire board.

In closing, we express our relief for today's outcome and recognize the character that our three students, their teammates and all of their families have shown over the past year. Furthermore, we hope that the resolution of this unfair, divisive and painful episode can serve to unite us all. There is much to learn from the events that we have lived through, and we intend to put this learning to use. Duke is a great university that steps up to challenges and opportunities, and together we will use this moment to make our community stronger.

Robert K. Steel, Chair, Duke University Board of Trustees"
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  #40  
Old 04-13-2007, 09:41 AM
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Al Sharpton forced the issue and the quick charges against the players. I wonder if he could be charged to interfering with the investigation?
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  #41  
Old 04-13-2007, 09:49 AM
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Thanks for this post.

Sure, we are critlcal of the President and the Board.

Nowhere do I see them expressing regret or sorrow over their rush to judgement last year when they suspended these fellows.
Of course, I'm sure this letter was verrrry carefully scrutinized by lawyers to give the boys NO ammo to be used against them in a possible lawsuit.

"There is much to learn from the events we have lived through...."

Chicken****! Meely mouthed crapola, Mr Steele.
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  #42  
Old 04-13-2007, 12:36 PM
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Originally Posted by dynalow View Post
Thanks for this post.

Sure, we are critlcal of the President and the Board.

Nowhere do I see them expressing regret or sorrow over their rush to judgement last year when they suspended these fellows.
Of course, I'm sure this letter was verrrry carefully scrutinized by lawyers to give the boys NO ammo to be used against them in a possible lawsuit.

"There is much to learn from the events we have lived through...."

Chicken****! Meely mouthed crapola, Mr Steele.
My thoughts exactly.

I thought about posting something along the same lines. But I did not wish to offend our illustrious webmaster's alma mater.

This is the line that got me:

"...we believe that it was essential for the University to defer to the criminal justice system."

That is an open lie. If the University thought that it was "essential to defer to the criminal justice system" they would not have suspended the three students.

According ot the legal system, the three students were presumed innocent until proven guilty.

By suspending the students, Duke punished the students before there had been a determination of guilt or innocence. In my book that is a rush to judgment.

The DA apologized to the students. I wonder if Sharpton Jackson, the Nation of Islam and the rest of the "usual suspects" will have the cojones (or the decency) to also apologize for their remarks and actions.

tick-tock...tick-tock...tick-tock. I guess not.

On an unrelated story, my alma mater just dealt very swiftly with students protesting "sweat shops."

In contrast, 13 protesters' sit-in Tuesday at the office of USC's president ended in about six hours after administrators threatened to suspend them from school and boot them out of dorms. The school also began telephoning their parents.

For the full story:

USC Ends Student Protest
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Last edited by BENZ-LGB; 04-13-2007 at 12:47 PM.
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  #43  
Old 04-13-2007, 01:03 PM
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This case still bothers me because I wonder how many other innocent people without well heeled families who could afford defenses are in jail because of over zealous prosecutors or, politically and career oriented prosecutors?

This DA can't be the only one out there. Makes you wonder.
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  #44  
Old 04-13-2007, 01:28 PM
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This case still bothers me because I wonder how many other innocent people without well heeled families who could afford defenses are in jail because of over zealous prosecutors or, politically and career oriented prosecutors?
.............hundreds..........
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  #45  
Old 04-13-2007, 01:32 PM
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My thoughts exactly.

I thought about posting something along the same lines. But I did not wish to offend our illustrious webmaster's alma mater.
You're not offending me! I DO think that Duke rushed to judgement and did NOT presume these students as innocent. Not to mention the lacrosse coach who was fired.

All I was saying is that there had been a history of issues with the lacrosse team that may have influenced the school's decision.

The right thing for Duke to have done would have been to do nothing until the legal process had concluded.

Hey, I graduated from NC State and I'm still pissed at them for firing Jim Valvano. I never gave a penny to the school after that! Just because these 2 schools are my alma maters doesn't make them immune to blasting on this forum!

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