“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.

Greta Blasts Cline's Primary Win

North Carolina!! What did she know? and if nothing, why didn’t she ask?
by Greta Van Susteren

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

Cline wins Dem primary for Durham DA, job tainted by Nifong
Associated Press - May 7, 2008 12:55 AM ET

RALEIGH, N.C. (AP) - Two years after Durham County District Attorney Mike Nifong began his ill-fated pursuit of the Duke lacrosse rape case, voters turned to 1 of his colleagues to take the office beyond the scandal.

Tracey Cline won the Democratic primary for district attorney Tuesday night, beating three challengers in an election that focused as much on a trouble-filled past as the future.
With all but one precinct counted, Cline had 46% of the vote in unofficial results. Former prosecutor Freda Black was second with 34%, while private practice lawyer Keith Bishop was third with 13%. Assistant District Attorney Mitchell Garrell had 7%.

No Republicans are in the race, making it likely Cline will claim the office made infamous by Nifong and his disastrous prosecution of 3 Duke lacrosse players falsely accused of rape. Fox News

Heard about Town: If Cline does takes the office to fulfill Nifong's term of office, she will have two years before another election. While the three Civil Complaints work their way through the Federal Court it is expected that Cline's actions will be targetted and she will be deposed along with other ADAs who were working in the DA's Office under Nifong. Former DPD Officers, Gottlieb and Himan, are already on record saying Cline was consulted and reading the case file. It has always been assumed by insiders that Cline was more involved in the handling of the case than she admits. She was one of Nifong's top two lieutenants and handled sexual accusations.

"Defense attorneys in the case were told by Mr. Nifong and others in the office that he was conferring with [Cline] on the case and if the case were tried she would try it with him," Joe Cheshire said.

The lone rogue theory has its doubters.

Don’t get NIFONGED again!

Freda Black's Campaign released photos of ADA Cline sitting second chair at Lacrosse Case Hearing and wearing Nifong for DA t-shirt in election bid!

This morning the following Ad was run in the Herald-Sun by Friends for Freda Black

WHAT DID TRACEY CLINE REALLY KNOW?

Cline: “I didn’t have any personal information about what went on in the Lacrosse case, other than what the media reported.” (Herald Sun - October 28, 2007)

REALLY?

If she had no information other than what was reported in the media, why did Cline advise police investigators to prepare the Non Testimonial Order that started the whole fiasco?

During Nifong’s Ethics hearing, Durham Police Officers stated under oath that the District Attorney’s office “thought it was a good idea to go ahead and do a Non Testimonial Order” and that it was Cline they spoke to.

Under direct questioning at the hearing, one officer testified that Cline “was there at some of the Lacrosse hearings” and that “Cline said that she read over our case file.”

At Nifong’s contempt of court hearing, current District Attorney, David Saacks, testified that Cline was “prepared to assist Nifong in the prosecution of the Duke Lacrosse case.”

REALLY?

But....Cline says she had “no information” about the case?
Durham has had one prosecutor whose words didn’t match the facts do we REALLY want another?

Don’t get NIFONGED again!

Attorney General Roy Cooper declared Mike Nifong a rogue prosecutor. Cline now criticizes Nifong’s handling of the case.

REALLY?

Addressing the Lacrosse debacle, Cline suggested Nifong got himself in trouble by not conferring with other prosecutors about the strength -- or lack thereof -- of his case, and also by making too many comments to the media. (Herald Sun - April 13, 2008.)

But, seven months into the national disgrace, Cline sported her “Vote Nifong” t-shirt and said: “I have always supported Mike Nifong as DA and I continue to do so.” (Herald Sun - September 28, 2006)

REALLY?

Cline was a part of that office when all those media comments were being made, yet she was silent as Durham was deceived before a national audience; silent when Durham voters were manipulated with false information and false prosecutions.
Cline has since agreed “that attorneys have a duty to report unethical conduct among their colleagues.” (Herald Sun – October 28, 2007)

REALLY?

Then why didn’t she report Nifong’s misconduct to the NC State Bar?

REALLY!

As a taxpayer of Durham, do you want to continue seeing Durham in the headlines? Fallout from the DukeLacrosse case will continue in the courts as the many lawsuits move forward. Cline will be called upon to testify.

How much more embarrassment and negative media attention should Durham be subjected to?

In my opinion, taxpayers want no part of the embarrassing Nifong regime.
Durham has been Nifonged once. We deserve a fresh start!

VOTE FOR FREDA BLACK!