Mike Nifong – Daily Commentary – Tuesday January 2nd, 2007

Dana discusses how

• Mike Nifong’s affected the Duke Lacrosse Case

North Carolina DA Association Calls for Nifong to Step Down

It looks like the alleged misconduct by Durham County District Attorney Mike Nifong is raising the ire of other District Attorneys in the state, and the association they belong to is making a public call for Nifong to step down from the Duke Rape Case.

In yet another moral blow to Durham County District Attorney Mike Nifong, the North Carolina Conference of District Attorneys called for the prosecutor to step down from the Duke lacrosse case.
The group, which represents district attorneys from across North Carolina, said in a statement that “it is in the interest of justice and the effective administration of criminal justice that Mr. Nifong immediately withdraw and recuse himself from the prosecution.”
“It’s extraordinarily unusual and it means a great deal,” said Joshua Marquis, a district attorney in Clatsop County, Ore.
The district attorney group also called for the case to be reassigned and handed over to “another prosecutorial authority.”  via ABC News

Typically Attorneys stick together in these situations. It is very hard to find one attorney to publicly rebuke another attorney outside of the courtroom. For an association of District Attorneys to publicly come out against Nifong one knows that he has tainted the process and the reputation of all District Attorneys by his actions, and they need to distance themselves from him.

Update: For an outstanding wrap up of the Nifong Mess, visit Durham in Wonderland as KC Johnson lays out how the case has turned from the Duke Lacrosse Team to the misconduct of Mike Nifong.

N.C. bar files ethics charges Against Nifong

The State Bar of North Carolina, the governing body for lawyers, has filed charges against Durham District Attorney Mike Nifong today. There have been many inconsistencies in the conduct by the prosecutor that may violate the code of ethics that district attorneys need obey. If Nifong did break the laws that he is paid and entrusted to uphold, he should face the full force and measure of the North Carolina Bar Association.

The North Carolina bar filed ethics charges Thursday against the prosecutor in the Duke lacrosse case, accusing him of breaking four rules of professional conduct when speaking to the reporters about the sensational case. The punishment for ethics violations can range from admonishment to disbarment. Among the rules District Attorney Mike Nifong was accused of violating was a prohibition against making comments “that have a substantial likelihood of heightening public condemnation of the accuser.” The charges will be heard by an independent body called the Disciplinary Hearing Commission, made up of both lawyers and non-lawyers. via the Star-News  More AP

Read NC State Bar Court Documents against Michael B. Nifong

Also covering the story: Captains Quarters, Nifong in Trouble

Nifong Dropping Duke Rape Charges But Keeping Kidnapping and Sexual Offense Charges

It looks like the rape charges against the Duke Lacross Players are dropped according to reports. The charges of kidnappng and sexual assault are being upheld. Breaking:

Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges.

According to court papers filed Friday by District Attorney Mike Nifong, the accuser told a prosecution investigator on Thursday that she now does not know if she was penetrated during the alleged attack.

Nifong had previously said he would rely on the woman’s account because of a lack of DNA evidence against the players.

Lacking any “scientific or other evidence independent of the victim’s testimony” to corroborate that aspect of the case, Nifong wrote, “the State is unable to meet its burden of proof with respect to this offense.”

Nifong did not immediately return calls seeking comment Friday, and a sign posted on his office door read, “No media, please!” via the AP

Second Dancer in Duke Lacrosse Rape case, Kim Roberts, states “go ahead, put marks on me” …Willing to take Lie Detector test (The NewsBreaker Exclusive)

Internet Exclusive from Larry Garrison … The NewsBreaker

The latest bomb-shell news out of the Duke Lacrosse rape case is that the second dancer, Kim Roberts, has reported to ABC and GMA that the alleged rape victim ask her to “go ahead, put marks on me”. The story just gets more and more strange and troublesome.

VIDEO

The second dancer in the Duke rape case has said for the first time that the accuser told her to “go ahead, put marks on me” after the alleged attack.

Dancer Kim Roberts made the new allegation — which she has not shared with authorities — in an interview with Chris Cuomo that aired today on “Good Morning America.”

In a Scared Monkeys internet exclusive, Larry Garrison who provided the GMA exclusive told us the following:

It appears that the boys on the Duke Lacrosse team were rowdy and did make racial and prejudicial comments; however, more disturbing comments are coming out of the alleged Duke lacrosse rape scandal. After the alleged rape in the car, the alleged rape victim was acting strangely as if drunk or drugged. That is when the alleged rape victim made the comment; I want to be roughed up some more, “go ahead, put marks on me”.

In our exclusive with Larry Garrison, who had met and talked with the second dancer, Kim Roberts, Larry stated,  “that the dancer is willing to take a lie detector test”. Kim Roberts has only been interviewed once by police in the Duke lacrosse rape case. Robert’s stated in her GMA interview that she was very hesitant on coming forward with this information. She thought that she would be called as a witness to get this information out; however, what if she was never called? That would seem as a valid concern seeing that DA Nifong has yet to seriously interview many of the key players in this story. What is he waiting for? 

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