Sunday, June 17, 2007

NIFONG UPDATE! - DISBARED FOR FRAUDULENT BEHAVIOR

NIFONG UPDATE

DISBARED – FOR FRAUDULENT BEHAVIOR

WHO ELSE WAS PARTY TO THIS SCHAM


June 16, 2007 the North Carolina Bar Association after hearing found against Raleigh, North Carolina District Attorney Mike Nifong for committing amongst other technical legal infractions, fraudulent behavior in the Prosecution of the Duke University Lacrosse Players.

As we reported on April 12, 2007, (* “Prosecutor Gone Wild”) has now been answered by the North Carolina Bar Association.

The way we see this, it’s not an isolated incident. Prosecutorial overzealous behavior has often been the case in criminal matters. Misrepresentations, fabrication of information, withholding crucial information, falsely accusing individuals and other incidents are often seen in many jurisdictions. However, in the Nifong matter, it was more than just bad prosecutorial behavior. Some would argue that this behavior was the result of his desire to be politically correct. A decision was made by Nifong to withhold certain information from the defendant’s attorneys and the court, while presenting to the court that such information did not exist. In the DNA matter, the dramatic turning point of the case, Nifong withheld the results from the defendants and their attorneys knowing that the DNA was not a match against the accused. It took forensic DNA evaluation to find that the rogue District Attorney was playing with the lives of three innocent Duke Students. It was an injustice to the entire University, the legal profession that a District Attorney and the people of Raleigh, North Carolina, that the Peoples Attorney would do anything possible to convict the innocent to favor himself with a selected community. It wasn’t a matter of black against white; it was a Nifong matter to ingratiate himself to the Black community that he serves with an upcoming election knocking at his backdoor.

The remaining question that CrimeTalkAmerica asks is; Who Else in the Raleigh, North Carolina District Attorney’s Office participated in the cover-up? Who knew what? Who DIDN”T STEP UP to bring the truth forward? They had a legal responsibility to tell the court and report the facts to the States Attorney General before it went as far as it did, to trial for the three students.

Nifong’s behavior was callus, indifferent and elitist. He apparently misunderstood his role in his service to the people. As an elected official, he represents all the people. The investigators in this matter were suspect of the claimant’s complaint, but followed the path of Nifong and his assistants.

This calls for a CLEAN SWEEP of the Raleigh, North Carolina’s Prosecutor’s Office, and those law enforcement official’s that participated, committed malfeasance and obstruction of justice. It calls for a sweeping Grand Jury Investigation into the behavior of not only Nifong, but the Assistant Prosecutor’s, Police Investigator’s and others in official capacity that ignored their sworn responsibility.

Not to say that the Duke students didn’t set themselves up for their own plight. Something that the university will have to deal with, however, the allegations from the beginning were suspect. The changing story of the claimant, the testimony of the fellow stripper, who denied that a rape had been committed, she had not seen a rape she claimed, and the lack of physical evidence, namely the DNA of any of the accused was the signal that the claimant was a questionable victim. While I would agree that the District Attorney’s office is required to investigate these serious allegations, the element of political expediency, racial complications and a naive District Attorney, all added up to a disaster, and a national disgrace of the legal prosecution profession in the State of North Carolina.

As the evidence mounted that questioned the claimant’s complaint, it was the responsibility of the prosecutor to examine all the facts, not turn his back on exculpatory evidence so that he could meet his political agenda.

Shame on the justice system that allow political expediency to be the decider in the prosecution of cases. Shame on the political animals that find it more important to withhold crucial data, evidence that would clear any individual.

Some years ago, I developed information about an individual that had been found guilty and was serving a 15 year sentence for Burglary and Arson. He was in his eighth year of his sentence, when I discovered that the Prosecuting Attorney in Brooklyn New York had withheld physical evidence, detailed statements from witnesses and physical crime scene evidence. This information was never presented to the defense attorney or the court. The information held by the prosecutor’s office CLEARED the defendant and presented information that would have proven that the original target of the investigation was the actual offender. It took eight years and a court hearing on the newly discovered evidence, (that the prosecutor had all along) before State of New York Court, to exonerate the defendant and have him released from prison. He lost eight years of his life, his family moved on, his children moved on and his employment was gone. All beacons of an overzealous prosecutorial and a prosecutor that ignored his legal responsibility to present all the facts known at the time.

To the State of North Carolina, I ask the Attorney General to conduct an independent Grand Jury to evaluate and prosecute any others in Nifong’s office that had knowledge but failed to STEP-UP for the integrity of the office and the law.

www.CrimeTalkAmerica.com recognizes that the majority of prosecutors are hard working, sometimes overworked, defenders of our legal system, citizen’s rights and a criminal’s worst enemy. We recognize also that there are some people who become prosecutors for political reasons, indifference to the rules of evidence, rules of procedures and rule of law for the benefit of their career. To this I say, step aside!

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