Saturday, September 30, 2006

Did Ashley Move to Raleigh?

In a bizarre but brief article today, the News and Observer seemingly praises Mike Nifong for his unsuccessful prosecution of Timothy Malloy in 1994.
"Durham County District Attorney Mike Nifong has never been afraid to take a case to trial. He has been criticized this year for pursuing a rape case against three Duke University lacrosse players despite evidence that defense lawyers say no rape happened.

This isn't the first time he has championed such a cause.
In 1994, Nifong and another assistant district attorney prosecuted a rape case against Timothy Malloy, a prison guard and convenience store clerk. Malloy was acquitted after a five-day trial. The testimony in the Malloy case was preserved on a court reporter’s audio tape. The tapes reveal a prosecutor who confidently prosecuted a rape case in the face of a strong defense."
While curiously finding it DA Nifong to be championing a cause with confidence, the News and Observer fails to point out that the prosecution of an innocent man was not the only similarity between Mr. Nifong’s case against Malloy and his case against the Duke Three.
From the recent hoax hearing we learned:
"...the "highlight" of the Duke Hoax hearing came with the announcement by the prosecution that the recordings of all Durham Police Department radio calls for March 13th and 14th had been destroyed."
On August 4, 1994 the News and Observer reported about the Malloy case:
"The state's case might be hampered by the fact that a prosecutor and a police detective accidentally erased parts of two cassette tapes that will be offered as evidence."
Why would the News and Observer present the Malloy case as an example of a prosecutor confidently championing a cause? Do they find something noble in the prosecution of innocent men while failing to see fault or ominous coincidence in the erasing of evidence tapes in both cases?


Anonymous said...

Aren't McClatchy executives embarrassed by N&O coverage of Nifong's lacrosse case?

Anonymous said...

Have we entered a Time Warp? Is Durham the permanent home to the Twilight Zone? Did Alfred Hitchcock find his final resting place there?

Bizarre! The guy was found innocent & the police erased the tape! Sounds familiar? Now we have three innocent guys & the police are still erasing the Tapes. The N & O are back to their own tricks, kissing Nifong's Butt!

Just when I thought this case couldn't get any stranger.

Anonymous said...

I suspect you are seeing in this excerpt a piece of the promised NandO Nifong article.

It should be noted that the unnames NandO writer of this excerpt using the word "victim" for someone who was shown in court to be a false accuser.

Anonymous said...

It seems prosecuting false rapes never go out of style in Durham. We already knew Tracey Cline and Jim Hardin tried their hand at it. I thought this was a case of Nifong learning from his master(Hardin). Guess that wasn't the case.