Sunday, April 15, 2007

30 Pieces of Silver

"I'm getting a million dollars of free advertisements." -- Mike Nifong

In the end, the truth was uninspiringly simple - mentally impaired sex worker meets a corrupt, politicking prosecutor and mayhem ensues. Several million dollars, a stolen year, defamed reputations, and one divided community later...and that was IT.

Stunning in its simplicity, isn't it?

The Hoax's preeminent news reporter, Joe Neff, ended yesterday's excellent article with what might be the only rational explanation we may ever have from Defendant Nifong for this debacle:
"I'm getting a million dollars of free advertisements."
We long for much more from our fictional villains. But the real-life ones are often as ridiculously venal, as stupidly self-involved as America's Worst D.A. There is no genius in Nifong's evil; no intellectual inspiration behind his motivations. Just a mediocre civil servant promoted above his capabilities and unrestrained by ethics. He's not cunning, not clever, not, my dear Susan Filan, "confident" No, he's the antithesis of all that.

But he wielded the mighty power of the state of North Carolina ... which one blogger recently called the "richest Daddy of them all." The "Daddy" that can take a defense witness like Moez Elmostafa to trial, while offering a sweetheart deal to the probation-violating "Second Dancer." The "Daddy" that has control over the court calendar and the evidence and the disposal thereof. The " Daddy' with Sgt Gottlieb guiding the local police force and Linwood Wilson at his beck and call. Those are all things no ordinary "rich daddy" can buy. Nifong had all that ... entrusted to him by North Carolina Governor Mike Easley. He STILL has all that!

Nifong retains all the keys to all the awesome power of a district attorney of the State of North Carolina this very day ... regardless of his infamy and disgrace! But, suppose somehow, in the near future, Nifong should be removed from office. What happens then? Does Easley then descend from the clouds, "Deus ex Machina"-style, and proclaim all is well again in the Durham County D.A.'s office? With only Nifong's removal, does he expect us to have confidence that this very dirty office is clean enough to wield the state's enormous power once again?

NO, Mr Easley. I think many of us would find that stunningly unacceptable. Some state agency in North Carolina needs to look long, hard, and thoroughly at the twenty-some officers of the court that worked side by side with Defendant Nifong these last 13 months.

Some state agency in North Carolina needs to look long, hard, and thoroughly at the officers of the court that worked side by side with Defendant Nifong these last 13 months.

The twenty-some silent ADA's.

They all need to be interviewed. Some may need to be investigated. In light of this outrageous miscarriage of justice, doing so is a necessity! There can be no confidence that the corruption within the Durham County D.A.'s office has been obliterated, till the actions of all Nifong's staff have been examined and explained to the public. No one line wave-off will do.

Three young men are branded with the stain that this District Attorney's office, THEIR workplace, imposed. The ADAs are sworn legal professionals, bound by oath to report malfeasance when they see it. There is no codicil that permits them to cower in silence for fear of the Boss. There is no loophole that allows their own personal ambition or welfare to preempt their professional obligation. They are attorneys not legal zombies, moving about the office , doing the Master's bidding.

We need to have questions answered. What did they know? When did they know it? What did they read, see, hear, contribute, or conceal? What was their responsibility in the past thirteen months? What is their culpability now?

We live in a time when corporate executives and their staffs are nationally televised being frog-marched to prison for defrauding their investors and their employees. If the Durham ADAs knew of the decision to withhold exculpatory evidence, if they saw a pattern of Nifong's abuse of power,and they just let it happen ... they are no different from any book-doctoring CPA, any tape-erasing secretary, or any document shredding deceiver. That dirty Durham D.A.'s office has defrauded everyone who ever believed in the integrity of our justice system! There should be no free passes given to professional enablers!

Every one of these ADA's stood in silence these many months as Defendant Nifong persecuted the Innocent Three. They attended his campaign parties; they ate Victoria Peterson's chicken dinners. They went home at night and watched Collin, Reade, and Dave scourged by the national media. Not one of them ever stepped out of that office and said, "I can't be part of this Frame."

Not one.

Are we to believe Nifong the Rogue Prosecutor worked entirely, completely, and exclusively alone? Like Sgt Schultz of Hogan's Heroes ... do these ADAs say, "I saw NOTHING! I know NOTHING!"

At a minimum, I suggest the following: Any ADA who KNOWINGLY stood silent in the face of Nifong's corruption, who KNOWINGLY enabled him to purchase an election through persecution, should be made to join a new National Register of Ethically Impaired Attorneys. Every employer that considers them should know of their status.

In addition, they should be required to have a picture of Collin, Reade and Dave on their desks at all times, so that they can never forget the human cost of prosecutorial misconduct. It might inspire them to embrace the kind of personal integrity we see in the likes of Brad Bannon and Jim Cooney and Wade Smith and Joe Cheshire and the late Kirk Osborn. We need more attorneys of that caliber.

And finally, every morning for the rest of their lives they must scour the Internet for articles like these:

About That Duke Lacrosse Thing, by Jill Filipovic, Feministe:
Unless you’ve spent the past 48 hours hiding under a rock, you’ve probably heard the news that prosecutors have dropped charges against the three Duke lacrosse players accused of sexually assaulting a stripper. The backlash has been stunning: The woman’s face as plastered across the cover of the New York Post yesterday along with the words THE DUKE LIAR, and The Smoking Gun has posted her personal information. I’m not linking to either.

Last I checked, the woman has not recanted her story. Last I checked, she isn’t being prosecuted for filing false charges. Last I checked, there is no evidence that she lied about a rape occurring.

Women do not lie about rape any more than people lie about being victims of other crimes — but yet we look at rape charges with far more skepticism than we do crimes like theft or other kinds of assault. Could it be that she completely made up the assault? Yeah, it could be, but there’s about a 98% chance that she’s telling the truth.
The DA dropped the ball on this one, not the woman, which is why I don’t understand the desire to post her picture and her personal information online. She was taken to the hospital an examination supported her claim of sexual assault. Several of her fingernails were left behind on the bathroom floor, along with her cell phone and her purse. She fled the house without collecting her money. She called 911. Is that definitive evidence that she was raped? No. But it lends itself to the contention that something out of the ordinary happened in that house.


I do, however, think that something happened in that house — I’m not sure what else explains her fingernails on the bathroom floor, her leaving her cellphone and wallet at the house (especially if she’s a greedy whore, as many people seem to be arguing), and the medical examination which showed trauma consistent with sexual assault.
Nifong's ADA's should be required to search the Internet daily for this drivel, the outgrowth of corruption and silence, and personally reply to the authors, each and every one!
Dear Madam or Sir:

I worked in Defendant Nifong's corrupt office during the persecution of the Duke Three. They were completely, unequivocally INNOCENT.

I know.

I was there.

But I did nothing.

Very sincerely yours,

Luke Bumm
Ashley Cannon
Tracey Cline
C. Destine Couch
Jim Dornfried
Stormy Ellis
Mitchell Garrell
Tim Gould
Beth Koontz
Frances Miranda-Watkins
Kendra Montgomery-Blinn
Dale A. Morrill
Fungai Muzorewa-Bennett
Jan Paul
Shamieka Rhinehart
David Saacks
Dave Shick
Phyllis Tranchese
Doretta Walker
Brian Wilks
Michelle Williams
Carolyn Winfrey
(Partial list of ADAs who work along side the rogue prosecutor over the last year)

Joan Foster

Rule 8.3 Reporting Professional Misconduct

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the North Carolina State Bar or the court having jurisdiction over the matter.


Anonymous said...

Yes, yes and yes!

Same goes for Mayor Bill Bell, Patrick Baker and the entire Durham PD.

Anonymous said...

30 Pieces of Silver! Fabulous writing. As good as it gets! In addition to the ADA's, however, we need to investigate the Durham Police Department. Based on what has been revealed over the last 13 months, i.e., witness tampering, violating photo lineup procedure, failing to document key evidence, withholding exculpatory evidence, civil rights violations, etc., etc., can any Durhamite have confidence in local law enforcement?

Anonymous said...

It's the Rats all blaming the Big Rat.

Where was the Durham PD?

Where was the Judge of the Hoax, Judge Stephens?

Where were the City manager & Mayor?

Where were the ADAs?

Anonymous said...

Well Done again for an informative article.

Hope you will also expose DPD for there wonderful contributions to the FRAME up.

Great Expose....Soooooper!

Anonymous said...

Any one sent this on to Greta Van Sustren who has been raising the "Q" about the ADA's and there part in the FRAME????

GS said...

I might believe that most of the ADAs did not look at Nifong's evidence. Nifong was keeping the case close. That's why he did not accept the NC DA association help with the case.

ADA Tracey Cline however, was the number two chair on the case. She know all the evidence or lack of and let Nifong go on without reporting him. She needs to be reported to the bar.

dave in boca said...

Jill attempts to put lipstick on a pig that strangely resembles Nancy Grace, or maybe Wendy Murphy?

Greta has the street cred for this job, and CNN owes the world an apology for foisting a total human mess onto the world every nite at 8PM

Anonymous said...


Well done! Well done! Oh, I look forward with such excitement to Collin, Reade and Dave's lawsuits when discovery finally 'discovers' just whose Durham pocket is clinking with those 30 pieces of silver.

Anonymous said...

I think Nifong held this close to his chest - even zeroxing his own documents. I may be the only person here who ever had a Director, but questions these guys/gals decisions is not part of the job to often.

Anonymous said...


Absolutely outstanding! As usual your observations and criticism are right on the mark and I hope that someone sends a copy of this to the DA's office. You know, post it above the water cooler so everyone can see it. Mike Nifong did not act alone and it'll be a long, long time until the dust settles in Durham.

Anonymous said...

Those comments by Ms Filipovic illustrate why it is important for Crystal to be charged for her crimes. Until she held accountable for her lies she will always be seen by some as a "victim"

Anonymous said...

The judges are next......

bill anderson said...

Wow! This is just straight-on, hard-nosed writing. I was stunned to see it was penned by Joan Foster, but that proves the versatility of this writer, who is as good as anyone who has written anything about this Hoax.

Joan, you simply are the best!

Anonymous said...

Time and past time to penetrate the "blue wall of silence" at the Durham Police Department.

Who put out the wanted poster on ploice stationery, and do they have ANY idea how much that will cost the citizens of Durham?

Anonymous said...

Every law enforcer in the DPD and DA's office should be investigated.
What credibility do they have for future cases?
I can't beleive not ONE member of the DPD has the balls to stand up and say "this is all illegal what you are doing"!
Which Blue Wall of Silence was Nifong addressing????????
The mickey mouse DPD is a disgrac to all the honest , hard working police departments throughout the nation!
Do they realize they are the butt of all jokes?