tag:blogger.com,1999:blog-31806061.post2033200761162132412..comments2023-12-18T00:23:37.110-05:00Comments on LieStoppers: NC DAs Push For Legalized NifongingMarco2006http://www.blogger.com/profile/01235104902243866449noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-31806061.post-26179744156418244782007-06-18T13:54:00.000-04:002007-06-18T13:54:00.000-04:00Another month?!?!?!? That will give him just enoug...Another month?!?!?!? That will give him just enough time to shred and destroy any other "evidence!"<BR/><BR/>We have waited over 2 years to have my brothers murder case re-opened, which Nifong did NOTHING!!!!!<BR/><BR/>I am OUTRAGED!!!!!!!! What the hell is going on that this rotten son of a bitch is allowed to continue on another month?!?!?!<BR/><BR/>The LAX3 case is NOT the only miscarriage of justice!!!!! Murders have gone unsolved, meanwhile this jackass parades himself to be holier than thou, and is still in office?!?!?!<BR/><BR/>The corruption in Durham has NOT been quashed, my faith in the legal system is destroyed, and I am madder than hell that we must go on waiting!!!!!!<BR/><BR/>For the love of God, this is truly unbelievable!!!!!!!!!! <BR/><BR/>Rhonda Fleming<BR/>Cleveland OhioAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-63029722570168362752007-05-20T17:51:00.000-04:002007-05-20T17:51:00.000-04:00I have a cyberbully attacking me and my family eve...I have a cyberbully attacking me and my family everyday on the internet. She writes child porno and puts me as the author. She chases me around the internet and attacks me on any website I join.<BR/>She has a blog where she writes libelous stuff saying I have child porno pages and that I use my camera to photograph children using my camera as a phallus. She has contacted my family. She has contacted my landlord 4 times trying to get information, telling him lies and trying to get my internet shut down. I do not know what to do to stop this woman. I try to defend myself. I try to ignore her. Ignoring her only prompts he to call people in my building.<BR/>What can I do about this?Thomas Churchwellhttps://www.blogger.com/profile/08038436965874060182noreply@blogger.comtag:blogger.com,1999:blog-31806061.post-19968518599153520432007-05-08T18:46:00.000-04:002007-05-08T18:46:00.000-04:00America is based on a system of checks and balance...America is based on a system of checks and balances. We place our trust in our lawyer, Judges, and D.A.'s. Our trust in our judicial system is because OF our system of checks and balances. A watered down Open Discovery Law will erode that trust and lead us down a road away from an institution all can have faith in.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-41878442073200756642007-05-07T22:09:00.000-04:002007-05-07T22:09:00.000-04:00Durham Lawyer,In comparison to other jurisdictions...Durham Lawyer,<BR/><BR/>In comparison to other jurisdictions, NC's open discovery statute is unique and progressive. While there may be models to follow on some of the issues raised, there is no model that I have found yet to guide open discovery in total. <BR/><BR/>With regard to solving the issues without hampering the prosecutor's ability to prepare for trial it is important to recognize that the intended purpose of discovery in general, and open discovery, in particular is not at all related to the prosecutors trial prep. Rather, the purpose of discovery is to help both sides arrive at the truth. Or as described by the Florida Supreme Court: "to avail the defense of evidence known to the state so that convictions [will] not be obtained by the suppression of evidence favorable to a defendant, or by surprise tactics in the courtroom." With a purpose other than helping prosecutors prepare to win at trial and without similar open discovery statutes, it is difficult to find a model that fits both concerns. <BR/><BR/>I'll continue to research but the best I hope to find is a guide on some of the particulars. For example, some states have within their discovery rules, procedures for protecting while still sharing personal information on confidential witnesses. Other states allow depositions of witnesses, experts, and LE (handy when prosecutors don't want to bother with taking or sharing notes....). Some states also require a formal court inquiry, pre-trial, when discovery is not complied with (relaxing moderately the open discovery by allowing a specific exception or two but incorporating a strict and immediate penalty for non-compliance may be a fair compromise.)<BR/><BR/>It's easy to poke holes in the flawed arguments and proposals. Finding workable solutions and counter proposals is certainly more difficult.<BR/><BR/>PhilipLieStoppershttps://www.blogger.com/profile/04227113254050319132noreply@blogger.comtag:blogger.com,1999:blog-31806061.post-79997767621675598382007-05-07T21:47:00.000-04:002007-05-07T21:47:00.000-04:009:02, before you point your finger at North Caroli...9:02, before you point your finger at North Carolina, look in your own back yard. My guess is you'll find something you really don't like. I know I did when I looked at my state and the lack of a public defenders' office and other glaring deficiencies.Mandelbrot's Chaoshttps://www.blogger.com/profile/16707481552099334302noreply@blogger.comtag:blogger.com,1999:blog-31806061.post-76729040285864086112007-05-07T21:02:00.000-04:002007-05-07T21:02:00.000-04:00Wow...damn glad I do not live in NC. The only oth...Wow...damn glad I do not live in NC. The only other group of prosecutors that could persecute at will, without evidence, was called the KGB.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-89262041434420974212007-05-07T18:21:00.000-04:002007-05-07T18:21:00.000-04:003:02, I've often wondered the same thing about Ala...3:02, I've often wondered the same thing about Alabama regarding our <A HREF="http://en.wikipedia.org/wiki/Alabama_constitution" REL="nofollow">state constitution</A>. With just shy of 800 amendments as of this year and nothing even remotely resembling home rule, you can see my frustration.Mandelbrot's Chaoshttps://www.blogger.com/profile/16707481552099334302noreply@blogger.comtag:blogger.com,1999:blog-31806061.post-41216126358058427442007-05-07T15:02:00.000-04:002007-05-07T15:02:00.000-04:00Phillip, you have done lots of research on the ope...Phillip, you have done lots of research on the open discovery issue. Why does North Carolina have to re-invent the wheel? Aren't there some other States or Federal jurisdictions that already have dealt with and solved the issue of having an open discovery system without hampering the ability of prosecutors to prepare their cases for trial? Is so, why can't NC just model its discovery procedures on those?<BR/><BR/>Durham LawyerAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-61334551286670138902007-05-07T11:20:00.000-04:002007-05-07T11:20:00.000-04:00Sounds like, if this gets passed, they should also...Sounds like, if this gets passed, they should also adopt a new slogan: North Carolina - we're not backward hicks, we just do everything that is expected of them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-65518019995590473682007-05-07T07:39:00.000-04:002007-05-07T07:39:00.000-04:00In the memo, however, the assistant attorney gener...<I>In the memo, however, the assistant attorney general went on to advise the prosecutor, “As a former prosecutor, I would argue that the absence of documentation does not preclude the possibility that Hall was at Central [Prison].”</I><BR/><BR/>I think this says it all: prosecutors believe they are free to spin whatever story they want, no matter how much it violates reality. Do you think a prosecutor and judge would permit a defense attorney to say "even though there are no records, he could have been there"? No, this would be thrown out of court immediately.<BR/><BR/>Historically, prosecutors have been expected to argue the FACTS. Now we see they are arguing tenuous theories. We saw Nifong doing the same thing. This makes me sick.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-39367013827668729712007-05-07T00:18:00.000-04:002007-05-07T00:18:00.000-04:00All you need to know is that WITH the 2004 Open Di...All you need to know is that WITH the 2004 Open Discovery Law in place, Nifong was willing to disregard his responbility to provide exculpatory evidence to the defense. Now the NCCDA is suggesting that the Open Discovery Law be watered down and we, the public, are expected to believe them when they say, "trust us." Don't make me laugh.<BR/><BR/>The countless cases of prosecutorial misconduct (some of the more high profile ones being outlined in this post) are proof enough that we, in fact, should not trust them. The reason is simple. Too many DAs get caught up in winning convictions, even if that means prosecuting someone who they know is innocent.<BR/><BR/>We need this law, and, as pointed out elsewhere need to strenthen it with MUCH HARSHER PENALTIES for DAs that violate the provisions. Reprimand, my ass. Nifong should be disbarred, thrown out of office, and serve prison time. Same for any other DA who gets caught withholding excupatory evidence in the future. <BR/><BR/>Nobody is forced to take a job as a DA. If these whining crybabies don't think they can do the job with the Open Discovery Law in place to make sure that they don't lie and cheat their way to a conviction, then they need to find some other line of work.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-44127162894372908102007-05-06T13:23:00.000-04:002007-05-06T13:23:00.000-04:00Carolyn says:LieStoppers - once again you've earne...Carolyn says:<BR/><BR/>LieStoppers - once again you've earned my complete respect and admiration. Of course, you earned it long before now - today's post simply reaffirms that.<BR/><BR/>Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-88068921609322482382007-05-06T12:47:00.000-04:002007-05-06T12:47:00.000-04:00Please write to the legislators asking them to ca...Please write to the legislators asking them to can HB768/S1009!!<BR/><BR/>internete-mail@ncleg.net (readable by all Legislators <BR/><BR/>ncsenatemembers@ncleg.net (readable by all Senators) <BR/><BR/>nchousemembers@ncleg.net (readable by all House Members)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-3843304149939194862007-05-06T10:47:00.000-04:002007-05-06T10:47:00.000-04:00It is amazing after a year of Nifong's garbage tha...It is amazing after a year of Nifong's garbage that the legislature is looking to make it easier for people to get Nifonged. I am afraid the only thing that is going to make NC do the right thing is the Duke Lacrosse team bankrupting them with lawsuits.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-31806061.post-32009207119829624062007-05-06T09:17:00.000-04:002007-05-06T09:17:00.000-04:00They're going in absolutely the wrong direction. ...They're going in absolutely the wrong direction. If anything, they should be toughening the open discovery laws, and the best way to do that is to toughen the penalties against rogue prosecutors, of which North Carolina clearly has a glut. I'm all in favor of protecting SSN's of witnesses, but that should not get in the way of justice. That is more properly an administrative function. Hell, just redact the SSNs from any files and replace it with a bunch of x's in SSN format. The hills of North Carolina are alive with the sound of bullshit.Mandelbrot's Chaoshttps://www.blogger.com/profile/16707481552099334302noreply@blogger.comtag:blogger.com,1999:blog-31806061.post-53188467025308573632007-05-06T09:03:00.000-04:002007-05-06T09:03:00.000-04:00The director of the state's district attorneys ass...The director of the state's district attorneys association acknowledged that Durham District Attorney Mike Nifong's widely criticized behavior in the Duke lacrosse case makes their proposal a tougher sell.<BR/><BR/>"We are hoping that the General Assembly will not take the acts of one prosecutor and hold the rest of them accountable for it," said Peg Dorer, director of the North Carolina Conference of District Attorneys. "Timing could not be any worse. But if we don't address this, it's going to shut the prosecutors down." Anne Blythe, News & Observer<BR/><BR/> Although the open discovery laws were changed to prevent the abuses of past prosecutors, It was this one isolated incident, that proved that prosecution files need to remain open.<BR/> The defense team for the Duke 3 was able to disprove the charges against them before they could be wrongly convicted.<BR/> This was the intent behind the changes in the law, and in this case it worked (but almost didn't, because Nifong wasn't going to abide).<BR/><BR/><BR/><BR/>Durham DwellerAnonymousnoreply@blogger.com