Brandon

Wednesday, January 24, 2007

Duke Rape Prosecutor Nifong on Trial

New Charges filed against Nifong by North Carolina State Bar.

Nifong's actions constitute a "systematic abuse of prosecutorial discretion ... prejudicial to the administration of justice," the complaint read.

Former Duke Lacrosse 'Rape' DA Charged With Withholding Evidence, Misleading Court
Fox News
January 24, 2007

Nifong's actions constitute a "systematic abuse of prosecutorial discretion ... prejudicial to the administration of justice," the complaint read

The amended ethics complaint filed Wednesday points out 11 instances between May and mid-December when Nifong said in court or in court filings that he knew of no additional exculpatory evidence, additional results from DNA testing or conversations with the DNA experts that would help the defense.

But according to the bar complaint, testing conducted at DNA Security Inc. had concluded by April 10 that none of the samples provided to police by 46 lacrosse players matched any material recovered from the accuser's "rape kit." A week later, Nifong charged Collin Finnerty and Reade Seligmann with rape.

In another example cited by the bar in its complaint, Nifong referred at a Sept. 22 hearing to repeated defense requests seeking full DNA results and any underlying information as a "witch hunt."

Defense attorneys were able to determine from other documents produced by Nifong that there may be additional test results they had not seen, the complaint said. They filed a motion in December that described the missing tests in detail.
...
The bar charged Nifong in December with breaking four rules of professional conduct, including making misleading and inflammatory comments about the lacrosse team early in the case.
(Read the hearing transcript or watch the hearing.)

Wouldn't it be nice if you got the same level of accountability from other out of control prosecutors abusing their office for political purposes? I'd start with Ronnie Earle in Texas and add Special Prosecutor Patrick Fitzgerald to the list.

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