Duke LaCrosse players - PeachParts Mercedes-Benz Forum

BENZ-LGB · #1 04-11-2007, 10:42 PM

The North Carolina AG has dropped all remaining charges against the Duke players.

Not only did the AG drop the charges, he actually said that the three players ARE innocent.

Most of the time when charges are dropped the AG or the DA merely states that there is not sufficinet evidence to prove the case BRD.

This time the AG actually declared that the former defendants were factually innocent.

WOW.

What will the Nation of Islam guys, who marched in front of the players' frat house calling for their heads, do now?

What about the cowardly Duke administrators who suspended the players even before they had their day in court?

What about all the commentators, all the "pundits," all the "sages" who were so quick to jump on organized college sports, accusing athletes of being mass rapitst and racist?

Will they apologize now?

I doubt it.

Dee8go · #2 04-11-2007, 10:47 PM

I was wondering if those guys had any grounds to sure the AG or the police for defamation of character or anything like that. It seems like they got rail-roaded in order to further his career. I already know the answer to this question, but was wondering what you lawyers think about this.

t walgamuth · #3 04-11-2007, 10:51 PM

the statement may be being exchanged for a promise not to sue.

tom w

BENZ-LGB · #4 04-11-2007, 10:54 PM

Quote:

Originally Posted by Dee8go

I was wondering if those guys had any grounds to sure the AG or the police for defamation of character or anything like that. It seems like they got rail-roaded in order to further his career. I already know the answer to this question, but was wondering what you lawyers think about this.

They would sue the DA, it was the AG who set them free.

From his comments, it would appear that the state AG doe snot think much of the local DA.

DAs are generally protected by immunity. That's so they can be free to do their job free of fear of getting sued.

Immunity only goes so far, however. I am not sure what NC law is in htis regard.

Given the DA's apparent complete lack of meaningful investigation, including that horribly suggestive photo lineup, I am not sure that Mr. Nifong can count on immunity to save his ass in this case.

This case is a total nightmare, for everyone involved (except maybe for the alleged victim). It is a perfect illustration of the perils of using the DA's office to pander to certain groups!

Dee8go · #5 04-11-2007, 10:56 PM

That's what I thought.

Thanks, Tom. Wait, you're an architect, aren't you? Just kidding.

How about you lawyers? Huh? I want to know what you think about this. Especially you, Ernesto. You're a prosecutor. I KNOW you've seen people on your side of the courtroom seeking to further their careers by convicting defendants in highly publicized cases.

Of course, I know a prosecutor runs the risk of ruining his/her career if said case blows up in their face. Maybe that's what keeps things in balance.

How about you, John Doe? What do you think? You're on the other side of this issue.

t walgamuth · #6 04-11-2007, 10:59 PM

DA, AG they both sound the same to me.

i thought the statement was being made by the prosecutor who originally brought the charges, (so that would be the DA, i guess.)

now if you want to talk cantilevers and facades i am all over it!

tom w

Dee8go · #7 04-11-2007, 11:02 PM

Anybody hewre read An Innocent Man by John Grisham? It's non-fiction and it's about people being rail-roaded onto death row by over zealous DA's and cops who do their jobs poorly at best. It's very scary.

BENZ-LGB · #8 04-11-2007, 11:04 PM

Quote:

Originally Posted by Dee8go

That's what I thought.

Thanks, Tom. Wait, you're an architect, aren't you? Just kidding.

How about you lawyers? Huh? I want to know what you think about this. Especially you, Ernesto. You're a prosecutor. I KNOW you've seen people on your side of the courtroom seeking to further their careers by convicting defendants in highly publicized cases.

Of course, I know a prosecutor runs the risk of ruining his/her career if said case blows up in their face. Maybe that's what keeps things in balance.

How about you, John Doe? What do you think? You're on the other side of this issue.

Refer to post #4, above.

I doubt that there was a quid pro quod relating to the AG's statement. In fact, by calling the former defendants innocent, the AG has opened a huge door if the players want to sue the DA, personally or if they want to sue his office.

A prosecutor has to be so very careful on what he does. We have awesome powers over a citizen's liberty and property. That power cannot be abused. We all take classes on prosecutorial ethics.

I don't even talk to the newspaper guys to comment on ongoing cases. If they want info, I refer them to the public records (which anyone can access).

Dee8go · #9 04-11-2007, 11:10 PM

I had no doubt that you had that kind of integrity, Ernesto. Unfortunately, there are others in your position who are much more cavalier about their powers.

My apologies for not paying attention to the differences between the "AG" and the "DA.' I see what you mean. The AG really does seem to be opening the DA to a world of hurt. I'm just thinking about all the legal expenses those three players families have had, not to mention the public humiliation they've had to endure.

BENZ-LGB · #10 04-11-2007, 11:57 PM

Quote:

Originally Posted by Dee8go

I had no doubt that you had that kind of integrity, Ernesto. Unfortunately, there are others in your position who are much more cavalier about their powers.

My apologies for not paying attention to the differences between the "AG" and the "DA.' I see what you mean. The AG really does seem to be opening the DA to a world of hurt. I'm just thinking about all the legal expenses those three players families have had, not to mention the public humiliation they've had to endure.

No need to apologize chico. It is a common mistake to confuse AGs and DAs.

I cannot even begin to imagine how much those families spent on legal fees. Those lawyers must have cost them a pretty penny. They are like JD, highly paid barristers, not like yours truly who is a humble public servant.

Having lived in Cuba has prepared me to be a fair prosecutor. I know what it is like when government agents abuse their immense powers!

Those young men deserved better than being dragged through the legal system by a publicity seeking DA catering to special interest groups.

Jim B. · #11 04-12-2007, 01:12 AM

I haven't followed the case but it certainly brings to mind Tom Wolfe's novel "Bonfire of the Vanities" where the NY stock trader takes a wrong turn in his 560SL one night and things get worse and worse....

There might be some civil redress, or a book deal in it, but sheesh, it sounds like the PC run amok....again.....another Tawana Brawley situation.

I never heard of a prosecutor who felt he had to publicly apologize, maybe there is subtext at work here

An apology from the Jesse Jackson and Al Sharpton types who milked this for all they could, would be wonderful, but I'm not holding my breath

BENZ-LGB · #12 04-12-2007, 01:54 AM

Quote:

Originally Posted by Jim B.

...I never heard of a prosecutor who felt he had to publicly apologize, maybe there is subtext at work here

Not only did the AG apologize for what happened to these young men, but he also ripped into the DA who filed and initially prosecuted the case.

DA Nifong is toast, he will be disbarred and will be sued.

I read someplace that the three families spent upwards of $5Million dollars in defending the case to this point. (I wonder if it is too late to do criminal defense work? With what I know... )

I was watching a news broadcast about the case. First the reporter showed file footage of DA Nifong, right after he filed the case, and he was doing media interviews, he smiled for the cameras, it seemed like the DA was everywhere--hamming it up.

Then the reporter went to the DA's home, to ask about the AG's decision to drop charges and Nifong ran from the reporter and had no comment. He wouldn't even look at the camera.

If it was my son who was falsely prosecuted by DA Nifong I'd want my pound of flesh.

What a difference 12 months can make!

dynalow · #13 04-12-2007, 07:50 AM

Quote:

Originally Posted by BENZ-LGB

Not only did the AG apologize for what happened to these young men, but he also ripped into the DA who filed and initially prosecuted the case.

DA Nifong is toast, he will be disbarred and will be sued.

IIf it was my son who was falsely prosecuted by DA Nifong I'd want my pound of flesh.

What a difference 12 months can make!

I think we all share that sentiment.

This guy acted out of pure malice! Or else he's mentally deranged in some way.

My pound of flesh?
1. disbarment.
2. Hefty punitive damages. Ruin the azzhole.
3. Send him up for a stay in the place he would have sent these boys. Let him find out what rape & abuse is all about.