Wednesday, April 04, 2007

Hearing Set for Defendant Nifong

The North Carolina State Bar has scheduled a hearing on Defendant Nifong’s motion to dismiss two of the several charges filed against him by the State Bar. Oral arguments on Nifong’s motion to dismiss charges related to Defendant Nifong’s failure to provide timely discovery of exculpatory DNA evidence will be heard by the State Bar’s Disciplinary Hearing Committee on Friday the 13th at the State Bar’s offices in Raleigh. The hearing, which is open to the public, will commence at 4 p.m. in the third-floor courtroom of the N.C. Bar Building which is located at 208 Fayetteville Street in downtown Raleigh.

Contrary to information reported by the Snooze Room and The Chronicle, the State Bar's Disciplinary Hearing Committee will not consider quashing charges related to Defendant Nifong’s “Frame the Dukies” media tour nor will a positive outcome for the defendant at this preliminary hearing end the Bar’s proceedings against Nifong. In the event that the DHC unexpectedly dismisses the charges in question, several other charges against Nifong have not been challenged by the motion and would remain pending with a trial scheduled for June.

Snoozing Again
“Nifong and his lawyer, David Freedman of Winston-Salem, are seeking to squelch charges that the district attorney made unethical media statements about the lacrosse case in its infancy last year, and also that he withheld DNA evidence favorable to three defendants and then lied about it.

"Among the statements at issue, Nifong characterized some Duke lacrosse players as "hooligans" and suggested their alleged sexual assault against an exotic dancer in mid-March 2006 was racially motivated.

"Nifong has denied in official paperwork that he did anything wrong, saying it was unintentional if he did.

"The State Bar replied last month that Nifong's defense amounted to "semantic hair-splitting."

"If Nifong succeeds next week in getting the charges against him dismissed, he would be off the legal hook and could serve out a four-year term to which he was elected in November.

"If he fails, he would have to undergo a full-blown disciplinary hearing in June, with his law license on the line.”

The Chronicle
“The North Carolina State Bar scheduled a hearing Tuesday to consider a motion to dismiss ethics charges filed against Durham District Attorney Mike Nifong.

The hearing is slated to take place April 13.

The bar charged Nifong in January with violations of professional conduct, including withholding evidence from defense attorneys during the investigation of the lacrosse case.

He is also charged with lying to the court and making misleading and inflammatory comments about the three indicted members of the 2005-2006 men's lacrosse team. The three still face charges of sexual offense and kidnapping after rape charges were dropped in December.

“If the charges against him are not dismissed next week, he will stand trial June 12.”

The News & Observer Gets it Right
District Attorney Mike Nifong will have an opportunity April 13 to tell an N.C. State Bar panel why he thinks part of the case against him should be dropped.

"The hearing, before the Disciplinary Hearing Committee, is scheduled for 4 p.m. in the third-floor courtroom of the N.C. Bar Building, 208 Fayetteville St., Raleigh.

"The bar has charged Nifong, a veteran prosecutor, with violations of ethical and professional conduct over his handling of the case in which three members of the Duke University lacrosse team were accused of sexually assaulting an escort service dancer at a team party.

"If convicted, Nifong could lose his law license.

"David Freedman and Dudley Witt, two Winston-Salem lawyers representing Nifong, have asked for dismissal of perhaps the most serious charge: withholding DNA evidence favorable to the defense and lying about it to court and bar officials."

-- State Bar schedules Nifong's hearing, News & Observer
Additional information:

3 comments:

kbp said...

Thanks Liestoppers!

The fact that we have a Friday hearing starting at 4pm, and "a trial scheduled for June" moved to the BIG THEATRE tells me it will be one helluva production!

Maybe LIESTOPPERS should set up a concessions stand. Sell popcorn, peanuts, drinks, T-Shirts and video cam's...

Mandelbrot's Chaos said...

And maybe a few strippers to accuse Nifong of... something. I don't know? Maybe his successor will be able to make something up, just like he did about these three young men and probably others. If not, he'll certainly get a Bronx cheer from the USDoJ.

I have been posting anonymously here under the name Guy Fox, but I finally felt it was time to come out of the closet, so to speak.

scott said...

From the H-S article posted --

"If Nifong succeeds next week in getting the charges against him dismissed, he would be off the legal hook and could serve out a four-year term to which he was elected in November." [emphasis added]

This prompts me to ask the following questions:

Doesn't Stevenson ever get tired of being so completely and so consistently wrong?

Is there a limit as to how many times a "reporter" can be so completely and so consistently wrong on the same topic so that he is no longer permitted to write for a "newspaper" ever again (when referencing Stevenson and the H-S, scare quotes are mandatory)?

If not, shouldn't there be one?