Monday, April 30, 2007

The Jilted Cheerleader

For the duration of the Nifong/Mangum Hoax, Reverend John Fitzpatrick, president of the Durham Criminal Defense Lawyers Association and pastor of One Love Ministries, has been a loyal and vocal supporter of Durham County’s rogue District Attorney, Mike Nifong. The Attorney General’s Nifong/Mangum Hoax Summary of Conclusions appears to have finally brought some clarity to the once ardent Hoax apologist.

After standing by Defendant Nifong for a year while the rogue prosecutor tried to imprison innocent men, Fitzpatrick, the jilted cheerleader, expressed his disillusionment to the Herald Sun:
"It's kind of deflating to think he could prosecute someone when the evidence was so insurmountably lacking," lawyer John Fitzpatrick said of Nifong, who has declined comment…"I would love to hear why [Nifong] chose to proceed on this case," he said.
To understand the totality of Rev. Fitzpatrick’s turnaround, we’ve prepared a chronology of his encouragement, support, and apologies for Defendant Nifong and his hijacked Hoax.

April 10, 2006
"So far, he's showing he's not afraid to take on a challenge," said John Fitzpatrick, a lawyer in Durham for 10 years who is not connected to the Duke lacrosse case. "But he's got to come through with a charge."


Fitzpatrick, the Durham lawyer, said the case might not be the only thing voters will consider in the district attorney race, but it will certainly have a bearing.

"His chances for re-election are not going to be made and determined on this one case. It can help or it can hurt. It's the handling of the case that the public wants to see," Fitzpatrick said.

May 11, 2006
In an initial round of analyses, the State Bureau of Investigation found no DNA from the 46 lacrosse players in or on the dancer's body, on her clothing and belongings or under her fingernails.

However, a private laboratory then was contracted to do additional testing. The final results from those tests were not yet available Thursday.

Two other lawyers not involved in the case said the new findings could be significant.

"The district attorney has the burden of proof beyond a reasonable doubt but not beyond every doubt," said one of them, John Fitzpatrick.

"If there was DNA evidence under a fingernail, I think it lends credence to the victim's story," Fitzpatrick added. "It could help corroborate what she has said. The momentum had been swinging in favor of the lacrosse players. This could swing the pendulum back toward the prosecution."
May 24, 2006
Several attorneys not connected with the case said Tuesday if a rape had occurred without condoms, the likelihood would be great that DNA from the assailants would have been left in or on the woman's body.

"That would be expected," said lawyer John Fitzpatrick. "But the flip side is, how would she know if a condom was used? A rape victim usually doesn't have time to ask her attacker to use protection."

Fitzpatrick also said the lack of vaginal injury, or trauma, might be a matter of semantics.

"You would think there would be more than tenderness if there had been forcible entry," he said. "But it could all be in how you play the words. No one can say a rape isn't traumatic. But what constitutes traumatic physical damage? That's the question."
July 31, 2006
Lawyer John Fitzpatrick, who is not connected to the lacrosse case and who teaches periodically at the UNC School of Government in Chapel Hill, said Monday it could have great impact for the prosecution.

"It is evidence to show that some kind of orgasm occurred. It gives more credence to the prosecution's theory that something happened. It is a potential link to a crime. It is a big thing," Fitzpatrick said. "The prosecution can say the semen was there because the alleged victim was right. Of course, the defense will probably try to explain it by saying the guys just masturbated."
December 3, 2006
The new association's first meeting was held Thursday night, with roughly two dozen people in attendance. Attorney John Fitzpatrick was named president.

"We're not going to come from an angle of griping or an angle of fussing at the DA this time," Fitzpatrick said in an interview. "We'll come from an angle of helpfulness instead.
December 23, 2006
Earlier in the day, John Fitzpatrick, head of the Durham Criminal Defense Lawyers Association, lauded Nifong for dismissing the charges.

"I think that if the DA has new information that a penis was not involved, there's no way he can proceed on a rape charge," said Fitzpatrick, who is not involved in the case. "It's admirable that he dismissed that charge."

Fitzpatrick said the dismissal conceivably could strengthen Nifong's case on the kidnapping and sex-offense charges.

"He no longer has to explain away the lack of semen," Fitzpatrick said. "If a penis was not used, it would automatically explain the lack of semen. Mike [Nifong] doesn't need the semen part now."
January 10, 2007
“We still don't know all the facts."
February 5, 2007
John Fitzpatrick, president of the Durham Criminal Defense Lawyers Association, also was scratching his head over the governor's statement.

"An answer like that is more confusing than it is clarifying," he said. "It's an answer without substance. It begs the question of consistency. Does this same standard apply just to Mike Nifong or to other appointees as well? That's what people are asking. The public clearly voiced their position that they wanted Mike Nifong to be DA. He just answered the call of the people."
February 27, 2007
"The public has a right to hear her side of the story from her mouth under oath," says John Fitzpatrick, a black defense lawyer.
April 3, 2007
"He may have recognized the magnitude of the media exposure without appreciating the possible effects of it," said Fitzpatrick. "One could interpret his response to the bar as somewhat of an apology. It might have been a cry for forgiveness. We in the community should embrace that."
April 11, 2007
Suspicions lingered in Durham's black community, said local attorney John Fitzpatrick. He said Cooper's move to overrule a grand jury indictment fuels the perception among some "that the justice system could be bought."
April 12, 2007
“Just because a district attorney makes a mistake on one case, that does not mean he’s going to make a mistake on every case. Hopefully, he’s learned his lesson here. Hopefully, he will realize that he should handle these cases different next time,” said John Fitzpatrick, a defense attorney.
April 12, 2007
But John Fitzpatrick, an attorney and president of Durham Criminal Defense Lawyers Association who has been a strong supporter of Nifong through both primary and general elections, said he thought Cooper went a little far when he used the word "innocent."

"That's why we don't have three-member juries instead of 12-person juries," Fitzpatrick said.
With Rev. Fitzgerald's departure from the Cult of Something Happened, the running for Last Idiot of the Hoax is down to Patrick Baker, Bob Ashley, John Bourlon, Victoria Peterson, and Wendy Murphy. Murphy's appearance alongside Cash Michaels on Boston's WTTK radio yesterday afternoon to promote her latest false accusations - Kim Roberts and Crystal Mangum were bribed - makes her the even money favorite for the title.
Philip Wood


Anonymous said...

Some one wrote about Nifong and this one case - "this is like saying Oswald should not be defined for that little incident in Dallas,"

Anonymous said...

Carolyn says:

Lord, what is lawyer John referring to when he says: "It is evidence to show that some kind of orgasm occurred."?

I don't know what they teach you at law school but, as far as I'm concerned, the only 'evidence' an orgasm occurred is when neighbors complain afterwards you should have shut your bedroom window.

Anonymous said...


Anonymous said...

As with many of the other Durham legal community hoax enablers, I can't help but wonder where he went to law school. Somewhere that doesn't require an IQ above room temperature.

kbp said...

Thanks Liestoppers!

We're getting closer to dividing the population of Durham into four distinct groups.

1. Those that are corrupt.

2. Those that enable the corrupt.

3. Those that don't give a shit.

4. Beth Brewer

Mandelbrot's Chaos said...

KBP, you forgot one more group: Those who are aware of the corruption, but are too afraid or powerless to do anything about it. It's sad, but it's true.

Anonymous said...

you forgot the sixth group:

those that know a bs whitewash when they see it and do not support Beth Brewer or the duke 3. Cooper blew it big time and will pay for it come next election! bet on it!

Anonymous said...

Report: Easley press office ordered e-mails deleted
Mar 29, 2008

RALEIGH, N.C. -- State government public information officers were instructed by Gov. Mike Easley's press office to delete e-mails to and from the governor's office, according to notes released Saturday by the governor's office.

The News & Observer of Raleigh reported Saturday that Andrew A. Vanore Jr., a lawyer who works for Easley, produced notes made by two public information officers. The notes showed that they and others were told at a meeting on May 29, 2007, to destroy e-mails. A third public information officer said he also recalled those instructions.

But Vanore said the notes don't mean what they say. He also said the instructions were not followed.

Easley's chief legal counsel, Reuben F. Young, has been vacationing with his family in China and could not be reached for comment. Deputy press secretary Seth Effron has been instructed by Vanore not to comment.

Questions about the way the Easley administration handles e-mails arose after publication of an N&O series, "Mental Disorder: The Failure of Reform." The series reported on an ill-conceived and poorly executed mental health reform plan on which the state has wasted at least $400 million.

Two days after the series ended, Easley ordered the Department of Health and Human Services to fire its public information officer, Debbie Crane. Later that day, Crane told The N&O that the governor's press office had directed that e-mails be deleted to bypass the state's public records law.

Young and Effron quickly denied that such instructions had been given.

Julia Jarema, public information officer at the Department of Crime Control and Public Safety, recorded this note for the meeting in question: "Public records request -- increasing careful of email delete emails to/from gov. office every day."

Diana Kees, public information officer at the Department of Environment and Natural Resources, recorded this note: "emails - more & more public records requests (blogs?) be careful w/emails; delete emails to and from gov office every day."

Vanore said he did not know what the notes meant.

"It could be interpreted a number of different ways, and the only way to properly interpret it would be to talk to the individual who took the note," he said. But he said he had instructed all of the employees not to talk about that issue because the newspaper may file a lawsuit.

Vanore said the e-mail messages to and from the governor's press office were clear and irrefutable proof that there was no systematic intent to destroy e-mail.

Hugh Stevens, an attorney who represents The N&O, said the notes made by Jarema and Kees confirmed Crane's allegation.

"This sounds to me as though there was a concerted and willful attempt to evade the public records law by deleting the e-mails," he said. "I don't see how you can interpret it any other way."

Guess whose e-mails were deleted? OURS! I have had numerous people write to both Easley, and the Sheriff, for our case, and after being "blacklisted" from the county website and willingly negligent, here is more PROOF of the deliberate abuse of powers in public offices to purposely deny the public RIGHTS, and to perform MORE illegal and unconstitutional tactics to prevent being "OUTED!"


Rhonda Fleming