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The Hazards of Duke: A conspiracy involving the North Carolina Bar Association?

By David Usher
web posted October 30, 2006

In my April 12, 2006 piece The Hazards of Duke: Predatory Feminism, I called the Duke Lacrosse rape case a travesty of justice based on inconsistencies that had already made it a perfect match with the McMartin Day Care travesty.

Mike NifongWe have all witnessed the prosecutor, Mike Nifong, commit one outrage after another pursuing a case that is obviously a rape of three young men who, like too many young college students, party too much and behave stupidly.
Nifong’s latest disclosure tips the case into outrage: He now admits to trying the case despite never having interviewed the alleger to see if her story holds together.

Understand the meaning of Nifong’s confession: "I haven't talked with her about the facts of that night. ... We're not at that stage yet."

One of the first things first-year law school students learn is this: never try a case unless you know that the primary witness is credible and won't fall apart on the stand.

The second rule he violated: never try a major case unless you have the primary witness deposed, or at least in recorded interview, so you know you have a case worth trying, and so you have something to fall back on if the witness changes his or her story at trial.

Where this case is clearly false to begin with, and in addition to several acts Nifong committed that fall well outside well-settled prosecutorial boundaries of practice, Nifong has evidently malpracticed by failing to verify his facts to begin with. In fact, he has gone out of his way not to verify them.

Nifong is not trying this case because he should ... but because he can.

I have seen enough of this case to declare Nifong the "most-wanted criminal in North Carolina". This is not said in jest. A prosecutor who has committed so many acts of malfeasance in office (remarkably, in just one case) has an irreconcilable conflict of interest. Where a prosecutor cannot prosecute himself, he must be forcibly removed and prosecuted to the fullest extent of the law.

Where is the Attorney General of North Carolina? Does he not have a duty to ensure that all state's actors are behaving in accordance with applicable laws and rules of court of North Carolina?

Where is the North Carolina Bar Association? This is cause for public outrage. One does not try a case until facts are ascertained. That the North Carolina Bar Association has not yet taken decisive disciplinary action strongly suggests that the legal system in North Carolina is corrupt beyond belief.

Those who wish to do something about the debacle in North Carolina may wish to study my article "How To Reform the Corrupt Legal System", which provides a powerful and legal tool for citizens to apply in disciplining an irresponsible legal profession.

A reasonable person could conclude this affair may be a conspiracy involving the North Carolina Bar Association, who in remaining strangely silent and in failing to act, is apparently an accomplice during-the-fact. ESR

David R. Usher is Senior Policy Analyst for the True Equality Network, and President of the American Coalition for Fathers and Children, Missouri Coalition.


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