Thursday, June 21, 2007

Flashback: Greatest Hits of Jim Hardin, Vol. XV

"Walking papers withheld" - The News & Observer (August 19, 1994)

So, you thought the initials D.A. stood for district attorney?
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They do, but until a couple of days ago, they could just as easily have stood for "didn't ask" -- as in Durham inmates against whom charges had been dropped staying in jail because they didn't ask.
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That, amazingly, was the reason Durham D.A. Jim Hardin gave for not notifying defense attorneys that charges were no longer pending against their clients and that they were free to go. As a result of Hardin's refusal -- and the refusal of D.A.s in other parts of the state -- to extend this seemingly common courtesy, some unfortunate souls are left languishing behind bars for several weeks after they should have been set free. Often their only "crime" was an inability to post bail.
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Hardin saw the light -- and then, only dimly -- after a complaint was lodged by attorney Ann Loflin, who discovered that her client, Tyrone Edwards, remained locked up five weeks after charges against him had been dropped. Hardin subsequently instructed his staff to inform defense attorneys and the clerk of court in writing when charges have been dismissed.
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But he did so with the petulance of a little boy being forced to eat his brussels sprouts. Still maintaining that his office has no legal responsibility to notify people when charges have been dropped -- in other words, to let them know they're free to go -- Hardin downplays the ethical responsibility. His reluctance sounds like nothing more than sour grapes from a prosecutor who cynically wants to reap a measure of revenge despite, or maybe because of, his inability to secure a conviction.

10 comments:

Anonymous said...

Yes, but Nifong put the Dumb A$$ in D.A.

bravefacari said...

Well, I guess with all of this now coming AGAIN about Hardin, the Player's attorneys should DEFINITELY continue with criminal prosecution of Nifong, Durham County, State of NC, in order to keep this guy Hardin on the right side of the fence. Idiots!

Anonymous said...

Looks like it is par for the course in Durham.

Ken
Dallas

Anonymous said...

I'm really curious to know how MH's appointment plays out in relation to the Michael Peterson saga. I, for one, don't think that MP killed his wife. The perfect storm that the prosecuting team cooked up is all conjecture, compared to the perfect storm that is the Duke Lacrosse case. Interesting development.

Anonymous said...

When is US Attorney General Gonzales going to strap on a pair and begin a federal probe of the Hoax that Happened in Durham?

For starters:

Denial of the players' civil rights

Witness intimidation

Malicious prosecutorial misconduct

No charges on these or other wrongs have been brought by NC AG Cooper, so the Feds should step in, but will they?

WHOA, Elizabeth Dole, arise from your nap and please speak up! Are you afraid to "waste" a little political capital?

And what rock has Barack Obama crawled under - I thought he expressed an interest in this fiasco?

Anonymous said...

Dear Liestoppers:
Let me say that I have read this site daily for months, and I so wanted the boys declared innocent and Nifong disbarred.
However, Jim Hardin is a GREAT man. He is impeccably honest. His reputation for honesty is known in two spheres: the NC Judicial system and the U.S. Army.
Using an article from Ruth Sheehan! Why don't you print her "eat crow" apology about Hardin like she so often does? Finding negative articles about a person in public office for eleven years! Imagine that?? Newspapers printing innuendos as facts or half truths from unidentified sources. You dangerously appear to be Nifonging a good man.
Why don't you ask Joe Cheshire or Wade Smith for their opinion?

Anonymous said...

9:14:

Jim Hardin's reputation for integrity and honesty is surpassed only by his reputation for good judgment as evidenced by his promotion of Michael Nifong to top ADA and his recommendation of Nifong as his replacement.

Anonymous said...

9:14

A suggestion: Read all parts of this series.

BTW, when did LS start working as mouth pieces for Cheshire and Smith?

Anonymous said...

Yuck- see ya liestoppers!

Anonymous said...

9:14/3:49:

don't let the door hit you...