Saturday, September 23, 2006

Duke Hoax Hearing

At first glance, it appears the lengthy September 22nd Duke Hoax hearing further demonstrates DA Mike Nifong’s reluctance to offer any straightforward description of the details behind the charges he has brought against the Duke Three. Nifong’s prosecution by deception continues as he again offers the impression that he prefers to keep his options open as to what is alleged to have happened, where it may have happened, when it supposedly happened, and how it is imagined it happened. DA Nifong also further reveals his willingness to contradict his complaining witness in order to prolong this farce. In a persecution apparently intent on bending anything that needs to conform to known facts, evidence and witnesses’ statements, Mr. Nifong contends that the 30 minute imaginary rape is now a 5-10 minute dream that may have occurred anytime over the course of an hour and a half, that not surprisingly precedes the accuser‘s arrival and postdates her departure, and that includes undefined objects or body parts.

Among the highlights of today’s hearing:
  • Judge Smith declined the motion for the Bill of Particulars.
  • Judge Smith granted the motion to modify Judge Titus’s 3.6 order, apparently adding all applicable provisions of the NC Rules of Professional Conduct, and subtracting all persons who are not lawyers, their employees or law enforcement.
  • Judge Smith ordered that known outstanding discovery must be turned over to the defense by October 20th, including the underlying data from DNA Securities and the results of the examination of the lacrosse players’ computers and telephone records.
  • DA Nifong stated that on April 11th when he met with Sergeant Gottlieb and the accuser, they did not discuss the facts of the case.
  • Sergeant Gottlieb’s missing timeline only covered the period between March 14th and March 16th, and the only written evidence Mr. Nifong provided were notes of what was said at a City Council meeting.
  • DA Nifong stated that he gave only 15-20 media interviews regarding the Hoax, contradicting his previous estimation that he gave 50-70 interviews, consuming 40 hours of time. News and Observer
  • A Consent Protective Order was filed by all defense attorneys and agreed to by Nifong, regarding the accuser's medical records, notes, interviews, etc.
  • Nifong backed down from the request put forth in his survey motion that all the defense attorneys be deposed as to their knowledge of the survey of three hundred people. Defense attorneys maintained that Nifong had been informed of this survey in advance. News and Observer. Following an impassioned presentation of the facts concerning the survey by Collin Finnerty’s attorney, Wade Smith, Nifong stated, “I don't know of an attorney in North Carolina that would question Wade Smith's integrity,” while acceding to the defense request that Judge Smith review the survey details in camera.

From a LieStoppers’ perspective, the "highlight" of the Duke Hoax hearing came with the announcement by the prosecution that the recordings of all Durham Police Department radio calls for March 13th and 14th had been destroyed. It seems Durham Police Department tape use policy calls for tapes to be reused after 60 days. So, even though tapes were requested in April 28th motion by the defense, and ordered by Judge Stephens on May18th, the prosecution now maintains that the tapes were destroyed on or after May 13th, just five days or less before Judge Stephens’ order. Yep, we believe that! The defense indicated that they could call all the officers to testify as to their recollection of those radio calls. This was met with the assertion that the police could not be expected to recall their radio communication with accuracy at such a late date. LieStoppers can only wish that all police officers had the same “amazing” memory and recall powers as Sergeant Gottlieb does!


Anonymous said...

What do Judges do in Durham? This stalling tactic of Nifong is beyond absurd. From Stephens to Titus to Smith I see little effort to make him comply with the rules of discovery in a timely basis.

Now Nifong says he is going to personally take charge of Discovery & Judge Smith buys that excuse? Who do you think has been in charge of discovery for the DA's office, Judge Smith?

Anonymous said...

Thanks for the report. Sounds like absolutely nothing was accomplished, just like past hearings. Just more stall, obfuscate and delay.

This man Nifong is true evil. He is a stupid, petty, hateful man and he knows he is pushing a false prosecution. He is not going to let up. All the talk on Blogs about him dropping the case after the election (or before) is just fool talk. He's going all the way because he can in Durham, and to do otherwise would require him to admit his errors, something a man like this does not do.

Think about the evil of a man who would push a false prosecution of young men knowing that because of the racial makeup of the city and the jury pool and the racial allegations in the case, that he stood a chance of conviction at trial. Think about that some. He knows what he's doing and it's worse than anyone here has said. He knows they are innocent but he also knows he just might convict them despite not having any evidence. This man is mentally inbalanced and filled with hatred and resentment for these players.

And, no one in North Carolina is going to stop him either. Not the judge, the governor, or the attorney general, all spineless, afraid of doing anything that might upset their constituency. The media is against the players and so is a lot of Durham. These boys have only two hopes 1) Nifong is defeated in the election, and/or 2) the accuser does not testify.

Tony Soprano said...

EVERYONE should start getting their news, on this case, right here on LieStoppers.

If it's not apparent to you by now - that the Media is NOT going to "see the light" and suddenly work to expose the corruption and wrongdoing - it Never will be!

The mainstream media is simply incapable of seeing these players as victims of anything (how about an overzealous prosecutor hell-bent on convictions and Victory!). It is not in them. Their worldview tells them these are privileged guys - and they don't fit into their perception of victims.

Without the Media scrutiny, Durham will continue to boldly apply its own brand of Justice and dispense it when and how it's expedient to them.

The tiny bit of critical media coverage of this case was borne out of pressure from Bloggers and sites like Liestoppers. Those articles have been written begrudgingly and belated.

I fully expected evidence to be lost - new evidence would pop-up and other shenanigans from the Durham Fathers, however, I'm still saddened to see their bold and blatant actions.

On April 28th, a motion was filed to preserve the evidence - May 13th that evidence was DESTROYED!

However, the media faced with this - Gottlieb's magical typewritten opus, the farce of an investigation into the Blinco's beating, her story du jour, a timeline that is more pliant than a gymnast on muscle relaxers, etc. - will give Nifong the benefit of the doubt every time. They will accept unusual coincidence after unusual coincidence and ascribe no ill-intentions on the part of the prosecution continually and repeatedly. I hope everyone fully understands that Nifong is going to sell-out to get one or more convictions.


At this point, the National media has no interest in this case. They lost interest when it looked like it wasn't going to fit the byline of rich, rabid, white LAX players brutually attack poor black stripper.

The local media, for the most part, prints what Nifong's pet reporters are given by Nifong or others inside the prosecution. At this juncture, I'd believe 50% of what is in the paper on this case.

Thank you Liestoppers!

Anonymous said...

One thing to remember about the mainstream media is that they depend upon government employees -- prosecutors, police, and the like for their sources. Thus, they really operate as a secondary PR mechanism for them.

I was a reporter for several years and saw this firsthand. One reason that Nifong is in trouble is that he cannot control the blogs.

Fellow bloggers and writers, the battle is joined!

William L. Anderson

Anonymous said...

Re Newport's observation:

"This man is mentally inbalanced and filled with hatred and resentment for these players."

Truer words were never spoken -- KC Johnson even referred to Nifong recently as "Cracking Up." You're all on the right track -- follow the nut trail and it always leads to Nifong. You're all getting closer to the core of what Nifong's real motivations are -- he is certifiable. Keep up the digging and the great reporting. Every time he opens his mouth and makes a comment, more evidence of his mentally unbalanced state emerges.

The rest of this mess, the police corruption, perjurious witnesses, obstruction of justice and selective prosecution, are all byproducts of his insane and demented power-grab and are merely reflective of what passes for justice in Durham. A lunatic like Nifong would normally be stopped by now in other jurisdictions -- he can only get away with all this in this case because his partners in the law enforcement community are so ethically challenged and spineless that they are incapable of speaking out against his conduct.

Great job, Liestoppers!

Anonymous said...

Anyone remember J. Edgar and his files? Wonder what Nifong has on the powers that be in Durham?

Anonymous said...

How can the Durham police department destroy tapes in such a prominent case - it leads to reasonable doubt(s)....

While it is feasible an assault can take place in 5 minutes, it is unconscionable that the prosecution would erase relevant testimonial/investigatorial material unless it was damaging to the prosecution's case. Bad taste and bad smells continue to ermeate this whole fiasco.

Anonymous said...


Anonymous said...

It's not, however, feasable that *this* assault could have taken place in 5 minutes...Just.No.Way.

August West said...

Another "highlight": Smith's allowance of defense counsels' probe upon the accuser's sexual history in the 72 hours immediately prior to the commencement of the hoax. Who thinks defense investigators have already statementized the various johns, "drivers," and the "voyeur couple?"

::..Raises hand like Arnold Horshack..::

Anonymous said...

you are too stupid. the voyeur couple is not going to testify and expose themselves to ridicule in the community. durham is a religious place and nobody would wants that kind of info out.

Anonymous said...

Now you have me confused 3:01am you state that "the real people of durham hate" and now you state that "durham is a religious place" that hides it's voyeurism. Just exactly what religion is it that you all practice up there?

Anonymous said...

Someone needs to step up, step in and stop this outrage perpetuated by nifong. Perhaps it will be the judge, the governor, the justice department, someone anyone please stop this travesty of justice. Someone show some courage AND STOP THIS HOAX. There is no evidence. There is no case. This should not be happenning in the United States. Let the Duke boys have their life back!

thank you david

Anonymous said...

Nifong is an out of control wacko mentally ill persecutor who must be stopped.


Anonymous said...

Great article. This hoax and sham must be stopped immediately and the false accuser and the persecutor (nifong ) must be tried and convicted. This is not justice in america. Nifong is an out of control , rogue ,wacko prosecutor who appears to be in charge of a criminal conspiracy to ruin the duke boys lives. An intervention is needed by someone. Lets put nifong in the same room with some influential people or even the assistant da’s who can say what the hell are you doing here! Someone has to step