Niifong asks to be recused in Duke rape case

[Archae]

No link yet, was just on ABC.

[Cheney Killed Bambi]

1. Link

http://abcnews.go.com/US/LegalCenter/story?id=2791514

[brentspeak]

2. He deserves to be accused as well as recused for this particular case

[pnwmom]

3. From the NYTimes:

http://www.nytimes.com/2007/01/12/sports/12cnd-duke.html?hp&ex=1168664400&en=03e2c8fad0bd02a4&ei=5094&partner=homepage

DURHAM, N.C., Jan. 12 — The district attorney has asked the state attorney general to take over prosecution of the sexual offense and kidnapping case against three former Duke University lacrosse players, an official involved in the case said today.

Michael B. Nifong, the Durham district attorney, faxed the request to Jim Coman, head of the state attorney general’s special prosecution unit, today, the official said. Mr. Nifong decided he had no choice but to hand off the case because he faces a conflict of interest with ethics charges pending against him for his public comments on the case, the official said, speaking on condition of anonymity because there has yet to be an official announcement of the request.

Roy Cooper, the attorney general, is not expected to respond until early next week. If the attorney general’s office agrees to take the case, it will remove a prosecutor who has been a lightning rod for criticism. The district attorney’s request also indicates that the accuser still wants to press ahead with the case.

Mr. Nifong made the decision following lengthy conversations with the accuser in his courthouse office Thursday and again today, according to the official involved in the case.

SNIP

[robcon]

4. I assume the state DA will drop the case after an investigation.

Two things should be controlling in this case:

-The case against the three is extremely weak - the accuser has changed her story 6 or 7 times, for example.

-Nifong's misbehavior will get parts of what little evidence he has to be declared inadmissible, IMO.

[pnwmom]

5. I think so too. But it will drag on even longer, as the new prosecutor

gets up to speed -- unless the judge approves the motion to dismiss next month. I'm still hoping for that.

[IndianaGreen]

6. Nifong should be disbarred and Gayle Mangum should be prosecuted

for filing a false police report, as the "runaway bride" was prosecuted for claiming she was kidnapped.