Tag: Duke LaCrosse (page 3)

A Washington Post editorial today calls for an end to the prosecution of the Duke Lacrosse players.

It recalls the words of U.S. Attorney General Robert Jackson in 1940:

"THE PROSECUTOR has more control over life, liberty and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated, and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations."

....The prosecutor, as Robert Jackson said so many years ago, "can have no better asset than to have his profession recognize that his attitude toward those who feel his power has been dispassionate, reasonable and just."

Bump and Update: The North Carolina Bar has filed an ethics complaint against DA Mike Nifong for his improper extra-judicial comments in the Duke Lacrosse players alleged rape case. Professor KC Johnson has reviewed it and provides analysis.

The filing focuses solely on his procedurally improper public statements, which the Bar (correctly) contends violated Rule 3.8(f) of the Code of Professional Responsibility. That provision requires prosecutors to “refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.”

The text of the complaint is here (pdf).

While one of DA Mike Nifong's investigators was interviewing the accuser Thursday, he was giving a three hour interview to the New York Times.

Shorter version: If the accuser cannot with certainty identify the players she claims sexually assaulted her at the lineup hearing in February, he'll drop the case against those not identified.

Mr. Nifong declined interview requests Friday, but said in an e-mail message that his decision to dismiss the rape charges showed he was “willing to go in whatever direction the evidence takes me.” And in a three-hour interview on Thursday, Mr. Nifong said he would not hesitate to drop all the charges if the accuser expressed doubt about the identity of the men she has accused when she sees all three defendants at a pretrial hearing set for February.

“If she came in and said she could not identify her assailants, then we don’t have a case,” Mr. Nifong said. On the other hand, he continued, “If she says, yes it’s them, or one or two of them, I have an obligation to put that to a jury.”

Embattled DA Mike Nifong has dropped the rape charges against the Duke lacrosse players.

But he's leaving the sexual assault and kidnapping charges.

Nifong said he plans to proceed with kidnapping and sexual assault charges against the three players....

Nifong's investigator interviewed the woman Thursday, and she told the investigator that she couldn't testify "with certainty" that she was raped. Prosecutors said they couldn't proceed without her testimony, so they decided to dismiss the rape charges in the case.

Nifong's motion states she is no longer sure it was a p*nis that was inserted into her, as opposed to an object.