Monday, September 08, 2008

“Nifonged” Cline Version 2.0 declared a bust by Court of Appeals

The North Carolina Court of Appeals rebuked the actions of the Durham DA's office and the actions of Durham ADA Tracy Cline and soon to be Durham ‘s DA.

"In a scorching ruling today, the state Court of Appeals threw out the conviction of a man serving more than 60 years in prison on burglary, robbery and sexual assault charges, saying the Durham District Attorney's Office unfairly delayed his trial for nearly five years.

The ruling could lead to freedom for Frankie Delano Washington, 47, an auto mechanic who was convicted of multiple charges last year in a 2002 invasion of a family's home in Trinity Park in Durham. Because the opinion was unanimous, the state has no automatic right to take the appeal further.

The delay cost Washington his right to a speedy trial, Judge Douglas McCullough wrote for a three-judge panel. The delay "could have been avoided if the state had exercised even the slightest care during the course of this prosecution," McCullough wrote…." NewsObserver

The Right to a Speedy Trial is guaranteed by the US Constitution by the Sixth Amendment. But the NC Assembly hasn't gotten around to pass the enforcing statutes in over 200 years just like they remain silent on transcripts being kept by Grand Jury System.

ADA Cline was in charge of this case
The police and DA's Office waited three years to submit to evidence in the Washington case to the NC SBI even after a Judge ordered it done. Meanwhile Mr. Washington had to wait years in prison to receive justice by the Court of Appeals

Earlier Warning about ADA Cline
Back in May 2008 LieStoppers warned the citizens of Durham that electing Cline to the post of DA would be a mistake and questioned her actions in the Duke Lacrosse Hoax/Frame case

Don't Get Nifonged Again

Nationally know TV pundit, Greta Van Susteren, questioned the election of Cline and wondered about her actions

If I were a voter in Durham County, I would have wanted to cross examine Tracey Cline about what she knew about Mike Nifong’s handling of the Duke Lacrosse case. She worked in the office at the time the case was the high profile case in the office…and I can’t believe it was not discussed a great deal. If it was not discussed, I would like to know why she did not quiz Nifong about it. Certainly she heard all the lawyers on TV and in the local press complaining about his handling of it as early as 2 weeks after the dancer was at the house. Important issues - including the withholding of evidence — were constantly discussed on TV. Every Assistant DA in that office while Nifong was handling that case should have had the courage to step forward….before I would vote for her, I would want to know why she did not. Prosecutors have enormous power — and communities must be confidant that those with great courage hold those jobs. Greta Wire Blog

Word heard around the Courthouse
Senior Superior Court Judge Orlando Hudson is furious with the future DA of Durham.


Anonymous said...

Nifong II: Daughter of Darkness is on the way.

Anonymous said...

Tracy Cline as DA is NOT
a forward step for Durham.

Anonymous said...

Culd Tracy get in trouble if her actions -later in NiFongs's trail - brings up questions of her involvement?