Nifong's attorney, James Craven, submitted a memorandum in support of the appeal of the May 27, 2008 decision of the Bankruptcy Court which disallowed Nifong from seeking protection from the civil lawsuit. It is a bizarre rambling memo which is part history lesson, part Shakespeare, complaining that the three Duke students really weren't injured. It was mostly a sarcastic whine of why do they want a pound of flesh?
As we have demonstrated, the claims of these three creditors are not personal injury tort claims within the context of 28 U.S.C. 157(b)(2)(B) and 28 U.S.C. 157(b)(5). These creditors, certainly their counsel, have to know they will never collect so much as $35 from Mike Nifong. They must know that, yet still they come. For all the reasons set forth above, the Court should reverse the May 27, 2008 decision of the Bankruptcy Court and remand the case. MemoImmediately the Blog Hooligans speculated that Nifong's attorney was most likely not responsible for this memo, but it was the work of the Disgraced Disbarred Former Durham DA.
See LieStoppers Forum for comment and analysis
Since Nifong has taken the literary license to invoke Shakespeare, Baldo has decided to invoke the words of Robby Benson from the movie One on One in response to Nifong's memo.
"All the way up with a red hot poker"