Duke Rape Case - Nifong Off The Case, State Takes Over

[Rage for Order]

It's about damned time. This DA should be recalled from his office, IMO.

http://www.cnn.com/2007/LAW/01/13/duke.lacrosse.ap/index.html

RALEIGH, North Carolina (AP) -- The state attorney general's office agreed Saturday to take over the sexual assault case against three Duke University lacrosse players at the request of the embattled district attorney.

Durham County District Attorney Mike Nifong, hamstrung by a flip-flopping witness and dogged by allegations that he made inflammatory statements to the media, asked Attorney General Roy Cooper's office Friday to appoint a special prosecutor.

Cooper pledged that his office would not comment on details of the case as officials review the investigation and the charges of sexual assault and kidnapping against Reade Seligmann, Collin Finnerty and David Evans.

Nifong's comments to reporters in the early days of the case led the state bar to charge him last month with several ethics violations. Nifong's attorney said Friday the conflict of interest those charges created led the veteran prosecutor to ask the state to take over."


The state agreed to take over the case on Saturday on a holiday weekend (what gov't attorneys work on the Saturday of a 3 day weekend???), then released the news on Monday, which was a holiday? Can you say "serious news dump"?

[Kagemusha]

1. Nifong's long term problem is federal conspiracy charges

for making an agreement with the DNA lab head to withhold evidence from the defense, whose statements, quoted by the media, may be pretty much enough, in and of themselves, to find both guilty of Conspiracy Against Rights, a felony under the category of official misconduct.

[Lex]

2. Feds aren't going to investigate.

Feds Won't Investigate Nifong


Washington — The U.S. Department of Justice has rejected a congressman's request to investigate Durham County District Attorney Mike Nifong's actions in the Duke University lacrosse case.

Nonetheless, 3rd District Rep. Walter Jones will continue trying to get officials to examine Nifong's conduct, his spokeswoman said.

Jones, a Republican, last month sent two letters to U.S. Attorney General Alberto Gonzalez asking him to investigate what Jones said he believed was prosecutorial misconduct by Nifong, a Democrat.


More here:
http://www.wral.com/news/local/story/1138226/

[Rage for Order]

3. That's bad news

It is possible that Nifong is innocent, but there are certainly enough questions surrounding his handling of this case to warrant an investigation to determine whether he is innocent or guilty.

[Kagemusha]

4. Damn. I heard the DoJ was conducting a review. What gives?

Ah well...