Friday, March 14, 2008

Response to Duke's motion to shut down web site

On February 28th Duke and other defendants in the Civil lawsuit filed a motion to shut down the Duke Lawsuit web site whose motto is Accountability, Responsibility, Change.

The web site promised a response to the motion and they have filed it.

Response to Duke's Motion

ARGUMENT

"Duke’s motion is extraordinary. Duke not only acknowledges that the specific extrajudicial attorney statements it challenges either directly quote or closely paraphrase the allegations of Plaintiffs’ Complaint, it concedes that such statements are expressly authorized by Rule 3.6(b)(2)’s so-called “safe harbor” for attorney comments that relate“information in a public record.” Duke argues, however, that these statements nonetheless run afoul of the rule because they were “incendiary” (a characterization which Plaintiffs reject). Even if this Court were empowered and inclined to adopt Duke’s amendment to the rule, however, engrafting an “incendiary language” exception would plainly render the rule unconstitutionally vague under controlling Supreme Court precedent.

But Duke’s motion is even more remarkable for what it does not say. Nowhere
does Duke cite a single case in which a court, state or federal, has imposed sanctions or otherwise enforced the attorney speech restrictions of Rule 3.6 in civil litigation, and our research has turned up no such case. Duke’s motion thus seeks a ruling from this Court that appears to be without precedent in American jurisprudence."


See Duke Lawsuit web site for three exhibits.

17 comments:

Anonymous said...

What else would you expect to come out of this? The leaders of this city are rotten to the core and want to keep it just the way it is Durm style. Ironic a college wants to hide from public awareness when they hold sex shows by hired hookers as "entertainment?" What a tangled web furreal!

Anonymous said...

Who cares if there's no precedent? Let's just rewrite the laws to suit Duke's petty selfish interests.

Anonymous said...

No doubt, Duke has hired the worse hack lawyers available in the USA. Cooper, Bob E and the rest are only riveled by Clarence Darrow. You can make this stuff up.

Anonymous said...

Do not forget the infamous words of Mayor Bell with the 2 recent student murders, who without any regard for the victims and their familes thinks "These things happen?!" The man has no heart or conscience, and cares only for his own agenda.

How much more does the world have to see before the FED'S intervene?
Durham is the new Detroit of the South, and the "Powers That Be" are just as nefarious as the gangs and killers.

Is there a connection?! It looks that way to me! And I also love the media's "look the other way" attitude. Hear, speak, see no evil and by all means, keep it on the down low! Don't want to give Durham a bad name?!

Welcome to Durham, where everything is A-OKay, just look the other way!

Rhonda Fleming
Durham SURVIVOR

Anonymous said...

The Feds ain't comming - Who cares about Durham, anyway???

Anonymous said...

I'm not a lawyer, don't move in those circles, but got drawn into this mess because I used to play lax and now coach a little kids team (pre-k, k, 1st grade). I got drawn in because when I first heard the allegations I was crushed. I thought that the reputation of the game would suffer. I'm thank God for the boys and for the game that the boys were found innocent. And I am happy that there are people like the lawyers that filed this suit and brief, people of honor and intelligence. I have to say, I don't have a bad impression of ALL lawyers anymore. These lawyers are just incredible and I hope they just crush the wrongdoers.

Anonymous said...

Duke is becoming (maybe always was) a vacuous shell. The PC crowd has been allowed to wreck this institution and it will have to be completely destroyed before it comes to its senses. It is so sad and yet so indefensible that those who wish differently must simply stand by and watch it happen. It is so unfortunate that Duke is located in the asshole city of the world, but it could have wielded its influence to have changed that fact long ago. Instead they went to bed with the Durham leadership, got their dose of political STDs and now much suffer the consequences.

Anonymous said...

posted to correct 10:18 posts.

"Instead they (Duke) went to bed with the Durham leadership, got their dose of political STDs and now MUST suffer the consequences."

Anonymous said...

This event was the best thing to happen to Lacrosse - most people never even heard about the game. Now hundreds are attending and mixing with the elite. Will this end with the last graduating class at Duke, effected by the event. Will poor black Durham get any peace? Well, time will tell, as it always does.

Anonymous said...

Durham is a sewer. The Dukies have looked the other way to get along in the town and now its all coming home to roost. They have played nice with corrupt, racist elements in the political power system in Durham mostly out of a cynical pragmatism. Part of their motive has been the white guilt that is part of of liturgy of the politically correct academics.
Now...in spite of their attempts to muzzle free speech and make this suit go away, they are going to face the cold light of discovery and loneliness of being abandoned.

Anonymous said...

I feel encouraged by the comments
and by the suits against Duke and Durham. Makes me think there is hope for this country after all.

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Anonymous said...

Exposure should brings benefits, hopefully.

Anonymous said...

Shall we wait and see?

Anonymous said...

10:18 AM

It may be the other way around . . . Durham got its STD's from Duke . . . tobacco money you know . . . er, six of one, half-a-dozen of the other.

Anonymous said...

Who would have thought?

Anonymous said...

I have sent "proof" of my brother's beaten body, and BLUE blood to Joan Foster, Baldo, Quasimodo, Tony Soprano, abb, Jason Trumpbour, and several others, yet which of you will come forward and speak out on Jack's behalf?!

His death was a staged suicide involving shady LE, his body parts taken and SOLD, and not ONE of you gives a damn?!

You all take far too much time to dedicate to one case, when the line of crimes against many are just ignored! It is a sad statement that not only does the "legal system" not care, neither do the citizens!

Greg Baker from the FBI is a farce, Sheriff Hill is a sock puppet, Mayor Bell is a hack, and Mr Saacks is a POS just as his mentor Nifong was/is!

But I will tell you ALL this, if it was your loved one, would you FIGHT like we have for 3 needless long years to learn the TRUTH and seek JUSTICE as we have?!

My computer is being hacked, I have been threatened with DEATH, and you laugh?! You should be ashamed and Thank God that you are miles away and this is just a past time for you!

You mock our loss and pain, look the other way, and still manage to sleep at night?! Not only does our government have no conscience, neither do the "People?!"

We have had many people write on behalf of Jack to the Governor's Office, and the Sheriff's Office, to DEMAND an Internal Affair investigation, and to release to us ALL documentation of his case forthwith and without haste.

I am BEGGING for SERIOUS help from media and legal professionals to help us have JUSTICE for the life and blood of a man who made 2 grave mistakes, one is the marriage, the second is the city he called home!

Rhonda Fleming
Durham SURVIVOR
justice4all2005@yahoo.com

How long will people go on endlessly about ONE case, when there is a PLETHORA of injustices that have yet to see the light of day?! Durham is a cesspool, you have sampled a small taste of their posion, have witnessed only a sample of the corruption, and where the hell is the NATIONAL outrage?!

Nifong gets ONE day in jail, Mike Owens also gets only ONE year, Gottleib and Hinman got paid off, and Elmos is hero of the year?!

Where is the ANGER and COURAGE to protest?! Why haven't you all spent some time contacting NC state officials, and Washington?!

They watch this site EACH day, from the Pentagon on down, and have destroyed my faith in the entire judicial system!

Many more people are suffering from their dirty deeds, and we weep each day and scream for JUSTICE to deaf ears! I don't care if you people hate me or not, I am here to get RESOLUTION for my brother's murder, and for Janet Araboa, and Michelle Young!

More innocent victims, our families and the community! How many more lives are being destroyed each day?! For the love of God people, WAKE UP, and take a STAND!

Rhonda Fleming
Durham SURVIVOR!


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!"

WE DEMAND JUSTICE NOW!

Rhonda Fleming
Durham SURVIVOR!
LieStoppers
30th March 2008 15:36:29



Why don't you join the board and DO something instead of just watching! BASTARDS!


204.152.2.80 (North Carolina Adminstrative Office Of The Courts)

North Carolina, Raleigh, United States, 17 returning visits

Date Time WebPage
30th March 2008 15:35:11

LieStoppers
30th March 2008 15:36:01


http://www.heraldsun.com/state/6-937904.cfm

PROOF of the Sheriff's Office returning our e-mails:

MORE proof of the denial of the Sheriff's Office to take our complaints and requests! My God, they CANNOT get away with this!!!
Undeliverable: Mr Croft's death
"System Administrator" ..


Your message

To: Sheriff
Subject: Mr Croft's death
Sent: Thu, 13 Mar 2008 17:14:05 -0400

did not reach the following recipient(s):

Buchanan, Ricky on Sat, 15 Mar 2008 17:17:35 -0400
Could not deliver the message in the time limit specified. Please retry
or contact your administrator.
dcsnet01. DurhamSheriff. net 4.4.7

Where is our civil rights?!?!
Rhonda Fleming
Durham SURVIVOR

http://www.heraldsun.com/durham/4-931447.cfm

Jail suicide prompts no policy changes
BY BRIANNE DOPART : The Herald-Sun
bdopart@heraldsun.com
Mar 8, 2008

DURHAM -- Despite claims by inmates that a Durham County Jail prisoner spoke openly of suicidal tendencies and a discovery of suicide notes, officials say they received no such indications before the 27-year-old man ended his life.

And there are no plans for policy or structural changes at the jail, where fellow inmates found assault suspect Brian Lashand Rollins hanging from part of a window frame in his cell about 4 p.m. on Feb. 9. That was about 30 minutes after he'd last been seen alive, according to the report of his autopsy.

Days after the hanging death of Rollins, county leaders told The Herald-Sun they'd await the outcome of the Sheriff's Office investigation to determine if additional safety precautions were needed to ensure the jail was a safe place for its inmates.

According to Deputy County Manager Carolyn Titus, it is routine procedure for the Sheriff's Office to investigate a jailhouse death, ensure no foul play was involved and then recommend any adjustments that need to be made to the facility.

Titus said that the Sheriff's Office made no such recommendations and expressed confidence in the safety of inmates housed at the jail.

Rollins, a father of eight, was without a pulse when he was discovered. He was taken to Duke University Hospital, where he was declared brain dead the next morning and died a short time later.

He was found hanging from a window frame in his cell. But the Sheriff's Office says there is no need to adjust cells by removing items from which an inmate could be hanged. Sheriff's Office Investigator Tom Mellown, who investigated the case, said suicidal individuals can hang themselves from anything, so long as they can apply enough pressure to the neck to block the passage of air.

Yet in the past, the Sheriff's Office has requested money from the county to rid cells of vents based on the argument that the vents present a safety threat and an opportunity for hanging. Mellown, who as investigator has no part in budgeting, could not comment on those past requests, he said.

Mellown's criminal investigation into Rollins' death determined there was no foul play. From conversations with guards, jail employees and four or five inmates, Mellown determined there were no indications that the 27-year-old inmate was suicidal, he said.

One inmate did tell the investigator that Rollins never responded to him when he tried to chat with him from an adjacent cell. Another inmate told the investigator Rollins talked to him about wanting to end his life. But according to Mellown, the inmate said he never told any jail guards or officials of Rollins' intentions.

One inmate who was in the jail at the same time as Rollins told The Herald-Sun that, contrary to the Sheriff's Office's investigation, the troubled inmate told anyone who would listen that he wanted to end his life. But the guards, he claimed, were either too busy or didn't care and ignored Rollins' repeated pleas for help.

Rollins was distraught, the source said, over relationship issues involving a woman. Rollins was being held in the jail on a charge of assault on a female. His bond was $50,000. It was unclear whether the assault victim was the same woman with whom he was romantically involved.

According to the Sheriff's Office, no red flags arose during a 10-question psychological assessment that Rollins, like all inmates entering the jail, was subject to when he arrived at the facility Feb. 6.

Jail procedure calls for inmates to be administered the test only upon arrival, regardless of how long they are to be held in the jail. But if an inmate reaches out for help or if jail employees notice an inmate acting in a way that demonstrates his or her psychological state has changed, they will be referred for reassessment.

Rollins was not referred for any such assessment.

THIS is the SAME man who "INVESTIGATED" my brother's death, and you all still think HE and LE are to be trusted at all?!?!

AND, again, NO autopsy was done for my brother, AND we were LIED to and told one was done, plus threatened!!!!!

For the love of God people, DO SOMETHING!!!!

WHERE IS THE DEMAND FOR JUSTICE?!?!?!

Rhonda Fleming