Monday, December 18, 2006

Estrich Rips Nifong

As the Hoax began, USC Law Professor Susan Estrich was a firm supporter of Durham County District Attorney Mike Nifong. As Nifong's Hoax began to unravel, Estrich became critical of his disregard for procedure. Today, she finally appears to see clearly the rampant misconduct and deception that defines the Hoax. In a devastating missive at Fox News, Estrich shreds Nifong.
"This is not the way the system is supposed to operate. Prosecutors are supposed to be out for justice, not blood; committed to the truth, at all costs, not winning, without more.

"Prosecutors aren’t just morally obliged but legally required to turn over exculpatory evidence to the defense.

"Prosecutors aren’t just one side in a battle.

"You can’t come across the smoking gun covered with fingerprints on it – come across it because you have the power of the state to collect all the evidence – and then decide to ignore it because they don’t match the fingerprints of the guy you’re prosecuting for the crime. You certainly can’t file the report from the lab for your eyes only.

"You have to tell the defendant that the smoking gun has someone else’s prints on it. He has a right to know that, and the prosecutor has a duty to tell him.

"There is a reason that the rules are such. The prosecutor represents the people. The people’s goal is winning, which doesn’t have to mean a perfect conviction rate.

"The goal is supposed to be to convict the guy who did it, not frame the guy you’ve got."
Ouch! That's going to leave a mark.

32 comments:

Anonymous said...

AWESOME. It's so true, Liefong is on a rampage....just wait 'til he gets his greedy paws on some poor black kid who doesn't have the power of the Duke 3 to prove his undeniable innocence...maybe then people from Durham will get pissed off at the injustices this man is upholding.

Unknown said...

Susan Estrich is amazing. And not just because she was the first female editor of the Harvard Law Review, but because she has had the guts to say her initial opinion of the case was incorrect, that she jumped to a conclusion but is now willing to correct herself. Call it back-pedaling, but she has the gusto to admit her mistake, not shamelessly ignore it a la Nancy Grace, Wendy Murphy, the Gang of 88, and of course Mr. Nifong. She's a testament that even people on the left, such as myself, see right through this charade.

psych said...

I don't know much about Susan Estrich but I think the timing of this change speaks for itself.

After the SNL skit,nobody wants to be the next Nancy Grace.

Anonymous said...

Meanwhile those coward Profs at Duke hide! Where is the Duke Law School?

Professor Coleman is a Great Man among wimps.

Susan Estrich I am glad your willing to come forward and admit you were wrong!

Anonymous said...

Hey Psych, you need to give Estrich her fair due. Her timing is not questionable, I don't think. She has had problems with Nifong's handling of this case for a long time, and has voiced her concerns. For example, here's an August 9 article she wrote about this case, titled "Duke Case: Failure of Procedure": http://www.newsmax.com/archives/articles/2006/8/9/83336.shtml

"There are reasons you follow procedures. In general, they are there to spare outrage."

I agree with those that have voiced admiration for Estrich in her handling of this matter, especially her willingness to re-assess her own early rush to judgment. She's a credit to left-wing feminists, and I don't mean that in a sarcastic way at all.

psych said...

You're probably right. My bad. No cable TV. Only Sattelite Radio.

Anonymous said...

Contrast Estrich's truth-telling with Dick Brodhead weak-ass non-statement of support today.

Made hours after it was announced that Duke applications are sinking fast.

Classic Nathan Furm Broadhead.

Anonymous said...

7:56

Some poor black kid??? you know d*mn well that you care absolutely nothing of the "poor black kid". Your hypocrisy is so transparent and it smells to high heaven. Mike Nifong was ok in your book until he charged white hooligan thugs for raping a poor black woman. Oh no, you can't let the dukes go to prison even though they might be guilty of the crime.

One thing for sure: this isn't over yet. Beg the congressman, beg the AG, it will not get them off when a jury finds them guilty as charged.

Anonymous said...

The funny part of this is that Nifong lied to the black community to win. He turned them into his Uncle Toms, and the don't know it.

Anonymous said...

To 10:40

HE WON & SO F****** WHAT??
YOU ARE SO ANGRY THAT YOUR BUDDY CHEEKS... IS A LOSER.

YES, BLACK FOLKS PUT HIM IN OFFICE & WILL AGAIN..SO WHAT?

FREDA BLACK HAS AN AX TO GRIND..ANOTHER SORE LOSER.
THE PEOPLE SIMPLY DIDN'T WANT HER AS DA..PERIOD.

BOO HOO...ALL THE LITTLE TRICKS & IT AMOUNTED TO NADA.

WE DON'T GIVE A D*MN ABOUT BULL SH***** LIKE YOU..HAHAHA

Anonymous said...

The truth can be hard. You will wake up one day and figure out how Nifong sold you the brooklyn bridge. It hard to accept that fact that you were conned. That why most conned victims don't come forward. They are embarrassed that they were so easily taken in.

Anonymous said...

Estrich is a class act. Good to see her speak out against this hoax. And why am I not surprised that a Nifong supporter would write in all caps?

Anonymous said...

Tonight on Greta (guest host) the panel all agreed that Nifong is out of control. Even Woody said that the DNA evidence should have been given over.

They all expect the id to be thrown out.

Anonymous said...

10:56

-49% of the people in durham are idiots. At least it's good to know more than half of the people weren't retards who like being pandered to.

I suppose you were part of the 49%?

real cool, how does it feel to be supporting a criminal?

Anonymous said...

OS-the caps are wholely unneccessary. It dosn't give your weak ass argument any more claut. It makes you look retarded.

Anonymous said...

Estrich???

Please.. she has f***** up herself. I know d*mn well you know about it. Too bad, her husband doesn't want her @$$ any more. Remember the "BOAT". HAHAHAHAHAHAHAHAHAHAHAHAHA

OMG..SUCH BULL*******
ESTRICH's S*** STINKS TOO

Anonymous said...

Yeah, because her marital status reflects her legal education...

maybe we should talk about the strippers marital status...3 random kids, 3 random men, adultery, slut whore, anal sex, vaginal sex, oral sex, sex with toys, sex with random men, sex with herself while couples watch, pole dancing....real class act, i don't know how she's still single!

why can't you just admit this case is a joke 11:28...do you just want to see whitey hang to get your jimmies off?

Anonymous said...

Yep, Nifong won and the attempt to get voters to let the Governor appoint a new DA (by voting for Cheek) failed. But, guess what... in the end the Governor will have to appoint someone to replace Nifong. He is going down, it's just a matter of time.

And, BTW, I do care about poor black kids the same as I care about rich white kids. It doesn't matter to me what color these kids are... Nifong has violated his oath, pandered to the AA community to win the election and NOW he's lied in court (on record) and hidden evidence. He needs to go before he can do no more harm.

Also, BTW, this is the only case Nifong has handled since being appointed our 'minister of justice" so, there has been no opportunity for him to have been "ok in my book" as he falsely pursued charges against anyone else of any color.

He's going down, he's gonna wish he lost the election when it's all over.

Anonymous said...

correction to my 11:40 post...

He needs to go before he can do any more harm.

Anonymous said...

11:35

The b*tch is a lawbreaker herself. WHAT can she tell others???

So f*** off

Anonymous said...

Mike Nifong's NOT going ANYWHERE. Watch & Weep!

Anonymous said...

11:51-

Do you not realize he blatently lied under oath in court and supressed evidence? Do you not realize that's illegal? Do you not realize what Mike NIfong is doing is illegal? It is unjust, unlawful, and unfair? Do you not get that? What has this man done for you, other than pander to the color of your skin, that makes you kiss his ass so much? You support lawyers who lie, cheat, and disregard the law, their job, and the lives of innocent people? You support a lawyer who doesn't seek justice, but seeks a vote? Seeks a "win" for his side, regardless of the consequences? Do you realize Mikey knew after that 2nd round of DNA testing he had the wrong men, was too proud to admit it, and lied, covered up, and hid evidence that proved a.) the accuser lied and b.) the 3 were innocent just so he could continue his case? Do you realize that one day he will do the exact same thing to black people? Do you care at all? Or do you just think this is a white vs. black thing?

My God, you're an idiot.

And stop with the *@*$&$ things, we're all big kids, if you think cursing will make you sound more sophisticated and "credible", at least have the balls to say it. Shit, fuck, damn, ass. Oh no, the sky is falling!

Anonymous said...

And BTW, you should be the one weeping--if my life, liberty and justice were all held in the hands of an unjust, unfair, race pandering lying cheat crook like Nifong, I'd be crying my eyes out.

Anonymous said...

He's going to wake up one day and realize that Nifong made him his bitch. Something to look forward to.

Anonymous said...

I'm watching the interview Greta had with "Jakki" and my favorite part of the string of lies was when Greta asks her about the father and Jakki says "well she was in a very committed relationship"...yes, so committed that not only was her boyfriends DNA found in her, but 5 other men's DNA in her anus, panties, and pubic hair,and performed for strangers naked...yeah, that sounds like a totally committed relationship, I bet if I was that "committed" my boyfriend would love me a whole lot more.

Psh, this woman should BE committed.

Anonymous said...


I agree Estrich separates herself by making this admission. However, OVER NINE MONTHS LATER?.

Nifong has been perferctly consistent. He has lied repeatedly and consistently. From the condoms, the strangulation, the 30 minutes, to the DNA. DNA which, Liestoppers points out, he excoriated the Defense Lawyers for mischaracterizing. Now, what effect was he hoping to effect by making the public statement that the Defense lawyers were being deceptive and not accurately portraying the information in the DNA report?

He was hoping to cause more rampant speculation and more mob anger.

Estrich sees the Train leaving the station. That's all there is to it. A fourth grader could've figured this out 7 months ago.



.

Anonymous said...

Estrich is not a recent convert. She began criticizing Nifong, and questioning the merits of the case, months ago. In the early days of the case, she wrote an outrageous article which basically assumed the guilt of the LAX players, and even castigated their parents for not insisting that their sons tell the "truth" about what happened. The fact that she was willing to reassess the case after taking such a strong pro-AV position initially is a credit to her character, IMO. Estrich is herself a rape victim, and the fact that she identified with and believed the AV (at first) is not surprising. But like any good lawyer, Estrich reviewed the evidence once it started coming out, and she realized that she had been duped. She deserves credit for speaking out against Nifong, rather than just declining to comment on the case anymore, like so many other AV supporters have done.

Anonymous said...

Estrich should get credit, but what makes her position interesting is that she in fact presenting a position that is a classic liberal position. Her view of this case is what the Duke haters view would be if they were not racists. Estrich is not a racist and so her view of the criminal justice system is consistent. The local NAACP and others who want to throw out project innocence and all other constitutional protections are in fact openly repudiating their views because of the race of the defendants.

Of all the striking aspects of the change of venue motion, one of the most striking was how often the defendants race was referenced. Put in black instead of white in those references and see how it sounds--like you are at a klan meeting.

Anonymous said...

As an attorney, I think NiFong has decided this case is unwinnable & he's baiting the judge to dismiss it on "technical" grounds (ie. unconstitutional id, discovery violations, constitutional violations, etc.) so he can argue that he was "denied" his day in court. As long as the defendants are never acquitted, NiFong can continue to maintain their guilt with impunity.

Anonymous said...

Yep, but those "technicalities" (which attorneys know are our constitutional rights) also will be used against him when he is facing investigations for his actions. This time, the Bar cannot cover for him.

Now, I suspect that the NAACP and others would complain loudly, but that is too bad.

Anonymous said...

For the folks here who blame the case on "liberals" and "liberal thinking" it is worthwhile noting that Susan Estrich, as 9:06 pointed out, is a classic liberal. She was the national campaign manager for Dukaikis.

Anonymous said...

I consider myself liberal...but I don't think you have to be either or to understand this case. If you are intelligent and composed enough to sit down and read, you could figue this case out in a matter of 7 seconds.

I wish people didn't group ALL liberals in with these idiots. These people may in fact be liberal, but I don't think it's their "liberal qualities" neccessarily that are driving them to be retarded about this case, I think it's their priorities, and selfish agendas (I hate the term agenda, but I'll use it here).

i.e.: Feminists; clearly "liberal". However, not all liverals are feminist. And by feminist, I mean like psycho Nancy Grace and Wendy Murphy. I'm all for Women's Rights and equality, but not at the expense of railroading innocent people and demanding everyone with a penis be found guilty of something. These two wanted to do two things; a.) get ratings and b.) look above it all-They were hoping this case was TRUE and that they could look lik the pillars of morality, defending the woman. In the end, they ended up not defending the woman but defending a bunch of lies and defending the same attiutude many mn share(d) towards women that keeps women down. Feminism and equality means just that; equality-it doesn't mean punish the men and give them women everything.

i.e.; Black apologists. Now I'm liberal, and I understand the concept of racism very well, and I absolutely positively admit racism when I see it; however, I don't just admit it for black people, and I LOATHE when black people pull the race card. I wanted to seriously hit Cynthia McKinney last year, for example. I don't believe all blacks are victims, I don't believe in affirmative action (anymore) and I don't believe that because these kids (though none indicted) were drunk and stupid and yelled the N word they should be on trial for rape. It pisses me off that blacks (not all but some, and most in this case) scream injustice when the N word is dropped, when a black man is arrested, when a black man is falsely charged, yet when they have the baility to speak up against ANY injustice against ANY race, they're like "fuck you, we're only interested in our own color". Do you see Jesse Jackson parading around offering white women raped by black men scholarships? Do you see the NAACP helping the families of white cops or white people in general murdered by black people? Do you see all white national colleges? Do you see scholarships for being white? Do you see 185 point increase in assumed SAT scores for white people? Do you see people banging pots and pans in the street when a black guy calls someone "whitey" or "cracka" or "honkey", or even just makes a comment about his skin color like "I will whoop your white ass"?

Let me give you one example. In New York a few months ago, a white student from NYU was in Harlem one night. He was on a corner trying to hail a taxi. A group of several young black men approached him and started taunting him, using terms that eyewitnesses said were "whitey" "white boy" and "fag". They then tried to rob him of hiw wallet and cell phone, but he ran. The group persued him down several blocks. The young man ran across a street, was hit by a car, and died. At the scene, the boys were found laughing and mocking thebody. They were arressted, but as they were 16 years old and didn't accomplish stealing any of his things, they were released and never tried.

Did you see all the white people in new york up on 135th street banging pots and pans, demanding justice? Did you see white people begging for a conviction of any black man they pulled off the street? Did you see white people doing anything irrational about this? No. You didn't. But better yet, did you see any BLACK people crying out about the racial epitepths thrown? Did you see any BLACK people banging pots and pans about justice and equality for the young man who had died? Did you see any BLACK people DEMANDING a trial for these young men? Did you see any BLACK people offering public support in terms of lawyers and financials to the family of the deceased victim?

Of course not. Because when it's on white people, it's not racism. It's a right.

Trust me, I'm liberal. I smoke weed, I believe in pro choice, pro gay rights, anti-war, all that stuff. But when it comes to common sense, I'm on it. Please don't group all liberals together with the likes of the Durham community. I promise you, we are NOT all that retarded and most of the time it has nothing to do with being a liberal, it has to do with the inability to see the truth, rather than what we want or what is good for a particular "agenda" we promote. This is not about liberals, or conservatives, or moderates. This is about 3 young men whose lives are in limbo because someone lied about a horrendous thing and the DA won't admit to all of his shortcomings.