Wednesday, December 13, 2006

POS Nifong Stumbles...and Keeps Stumbling

Key DNA Evidence In Duke Rape Case Withheld From Defense For Six Months, Lawyers Charge

Buried in thousands of documents handed over to defense lawyers by the district attorney in the Duke rape case was a stunning report from a private lab hired by the prosecution that found DNA from multiple males in the accuser's body — but none that belonged to the accused players, according to a defense motion filed Wednesday.

The lab, DNA Security of Burlington, found during tests performed last April that not only did the DNA not match the three defendants, but that it also did not belong to any of their lacrosse teammates or anyone else who submitted DNA samples to police, including the accuser's boyfriend. Those findings were not turned over to the defense until October, when District Attorney Mike Nifong's office turned over thousands of case-related documents.

"This is strong evidence of innocence in a case in which the accuser denied engaging in any sexual activity in the days before the alleged assault, told police she last had consensual sexual intercourse a week before the assault, and claimed that her attackers did not use condoms and ejaculated," lawyers for the three accused players said in the motion.

Neither DNA Security or Nifong — who has come under intense criticism for his handling of the case — explained Wednesday why the DNA findings were not reported immediately to defense lawyers, as is required by law, or why they were not turned over to the defense until October.


I hope those kids sue his ass raggedy.


Anonymous angel said...

hi Verity!.perhaps this ought to teach us how vile and damaging the supposed stripper parties are...sad for everyone involved!

8:51 PM  
Blogger Robert Bayn said...

Most of the evidence i seen pointed at these young men being innocent in the first place, this new evidence only proves it.

They should sue, because what this prosecutor did was shameful, and it ruined the lifes of these young men.

10:13 PM  
Anonymous z said...

I love this story. Reminds me of simpler times. Before Muslim terrorists.

Who ever thought crimes like this and Laci Peterson and OJ Simpson's would be remind us of halcyon days,huh?

Sorry..sounds awful, but it's least for me.

10:47 PM  
Anonymous prairieson said...

Durham is a few miles away from me and the politics there is a bit strange. The urban area is largely black while the suburbs are overwhelmingly white.

Nyfong is a Democrat who won primarily because of the urban vote -- his campaign was an example of leftwing extremism.

Prosecutors have special protections from "retaliation" and rightfully so. However, a prosecutor is NOT immune from prosecution for actions that would be otherwise construed as criminal in other circumstances. Nyfong has committed such crimes, in my humble opinion. The defense lawyers have been saying all along that the DA was not sharing information in a timely manner as is required under the law. This latest revelation is just one among many but it may be the most important.

It is imperative that the Feds investigate this as a possible civil rights crime rather than this becoming a feud between Demoncrats and Republicans at the state level.
If Nyfong cannot produce a reason for withholding that fits standard parameters for such, his butt is in hot water right now.

He may be able to do the ol' soft shoe in Durham but it won't play in the great big world.

It is disturbing to see so many blacks so willing to vote for criminals. Some of them need to grow up and join the rest of the world community.

3:21 AM  
Blogger The Merry Widow said...

Just confirms the facts that were released! A party seeking to "punish" those who's parents worked to do well, and a prosecutor who is politically ambitious. Bad combination, especially in an area with a lot of racially charged resentments!
Good morning, G*D bless and Maranatha!


4:34 AM  
Blogger VerityINK said...

I don't know if there was reciprocal discovery or not, but the PROSECUTOR always has a duty to disclose everything due to our Constitutional right to confront our accusers and defend ourselves. What this man did was a deliberate act and malfeasance in office.

6:26 AM  

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