Conspiracy, dishonesty, fraud, deceit
Published Fri, Jan 19 2007 12:01 AM
Technorati Tags: Courts, Open Trackbacks
What do those words have in common? They've all been applied to Mike Nifong's handling of the Duke lacrosse "rape" case. From the Washington Times:
Did a North Carolina prosecutor, members of his staff, Durham police and a DNA testing laboratory conspire to violate the civil rights of three Duke University lacrosse players in bringing high-profile rape charges against them?
That is what Rep. Peter T. King, New York Republican and former chairman of the House Homeland Security Committee, wants to know, calling on Attorney General Alberto R. Gonzales this week to assign Justice Department attorneys and the FBI to find out.
...
"I am deeply disappointed by your apparent decision to defer a decision whether to investigate Mr. Nifong's prosecution of this case," Mr. King said, referring to rejections last week of probe requests by Reps. Walter B. Jones, North Carolina Republican, and Carolyn McCarthy, New York Democrat.
"I urge you to reconsider your decision."
Mr. King said the Justice Department probe should target Mr. Nifong and members of his staff, including investigator Lindell Wilson; the Durham Police Department, including Officers Mark Gottlieb and Benjamin Himan; and DNA Security Inc., including its director, Brian Meehan.
He said the investigation should determine whether "these and other individuals conspired to violate and violated the constitutionally guaranteed civil rights of Collin and his two former teammates." In addition to Mr. Finnerty, 20, of Garden City, N.Y., Reade W. Seligmann, of Essex Fells, N.J.; and David F. Evans, 23, of Annapolis, are charged.
...
Mr. Nifong handed over the case after two major revelations:
• A Dec. 21 interview of the 28-year-old black woman who accused the three white players of raping her after she had been hired as a stripper to perform at their dorm house, during which she said she was not certain Mr. Seligmann had taken part in the assault and was not sure whether she had been penetrated during the attack, a necessary element of the crime of rape under North Carolina law.
• A Dec. 15 hearing at which Mr. Meehan said he shared tests results with Mr. Nifong but a summary report given to the defense did not contain the information that semen found inside the accuser did not match any of the Duke players. He said the decision not to give the defense the material was "an intentional limitation" at which he and Mr. Nifong arrived.
A stripper with apparent "amnesia". "An intentional limitation". Prejudicial statements in the media. That's what Nifong's case appears to be based upon.
That, and the presumption of guilt for the accused. After all, it's not the evidence that matters but "the seriousness of the charge." You'd think these kids were Republican congressmen up for re-election.
This case has everything. Hedonistic, rich, privileged, white playboys. A "frat party" atmosphere. Poor, black, underprivileged women forced to eke out a living degrading themselves. And what may very well be false, opportunistic accusations of rape (the rape charges were dropped) and sexual misconduct.
The perfect "opportunity" for a Democrat District Attorney up for re-election to get his name in front of the voters. It appeared to work, but now it's all falling apart. Regardless of the outcome in this case, there will be no winners.
The lacrosse coach is gone. Sad, because nobody accused him of the crimes. If they happened at all, they happened away from his oversight. Would he have been hounded out if he had been coaching basketball?
The Duke faculty has managed to pull a John Kerry and flip-flopped on their handling of the case. First they were all for the lynching of the lacrosse players. Now they're still for the lynching of the lacrosse players, but their letter was "misinterpreted".
The stripper's reputation has been ruined. She's been exposed as a liar and she's humiliated herself publicly. She may have actually been raped, but her ever changing story sheds more than a reasonable doubt on that.
Let's not forget that there were two strippers at the party. The accuser and another woman. Neither of their stories match. And the accuser's many stories don't match phone records or other records that give the lacrosse players an alibi.
Collin Finnerty, Reade Seligmann, and David Evans have had their reputations thoroughly trashed, whether they are found guilty or not. Even if they didn't rape the accuser, they were participating in rather questionable and immoral behavior at the party. They may not be guilty, but they're certainly not blameless.
And worst of all, the State of North Carolina may be open to all sorts of lawsuits and legal problems. After all, if DNA Security Inc. was willing to withhold evidence that had the potential to exonerate the accused, what other cases have been tainted by their handling of evidence? How many innocent men and women have been railroaded in North Carolina? How many guilty men and women are going to end up going free because of tainted evidence?
Justice is blind, but she just got sucker punched. The Department of Justice needs to investigate this mess, and then come along with a fire-hose to clean it all up.
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Angel responded with:
 | hi there Perri!
the Duke case should also keep reminding us how NOT innocent these strip parties are and how they damage all involved..what a travesty all the way around! |
D. Ox responded with:
 | Among other things, the Duke case represents a LOW point in political catering to scumbag interest groups in order to get re-elected. I just hope the fellow gets made an example of, gets ruthlessly humiliated and jail time... but I doubt it.
Ciao
p.s. Perri, thanks for adding the Dumb Ox blogroll--note that you can send me (in a Comment) excerpts/links from any post you want to and when I see it in time, I'll move it into a main post... here's the updated blogroll program info FYI...
http://thomistic.blogspot.com/2006/07/dumb-ox-blogroll.html
|
david palmer responded with: disciplinary complaint v. Alberto Gonzales
 | I just filed a complaint with Texas Bar Assn re: Gonzales, which I thought might be of interest. A copy can be found below.
David Palmer
The Watchdog
Sacramento, CA
E-Mail: noethics1@aol.com
URL: www.noethics.net
Office of Disciplinary Counsel
State Bar of Texas
La Costa Center
6300 La Calma Dr., Ste. 300
Austin, TX 78752
877-953-5535
512-453-5535
Fax: 512-453-6667
Re: Misconduct of Attorney Alberto Gonzales
State Bar Card Number: 08118550
Admitted on: 05/13/1983
Violation of: Rule 3.01 – Meritorious Claims and Contentions
Rule 8.04 – Misconduct
To Whom It May Concern:
The following complaint relates to the violations of the above referenced Texas Disciplinary Rules of Professional Conduct by Mr. Gonzales in his capacity as U.S. Attorney General, which are set forth below.
Rule 3.01 states: “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless the lawyer reasonably believes that there is a basis for doing so that is not frivolous.”
While testifying before the Senate Judiciary Committee on Jan. 17, 2007, Alberto laughingly claimed that the U. S. Constitution does not grant or assure citizens of the right of habeas. Alberto knew or should have known that such an assertion was untrue. In fact, in making such an erroneous statement, Alberto was putting forth what he knew or should have known was a frivolous argument and in doing so he knowingly acted in bad faith.
Senator Arlen Spector’s comment to Alberto that “You may be treading on your interdiction and violating common sense,” further demonstrates the frivolity of Alberto’s specious comment. Moreover, a legal argument based on a knowingly false representation of law constitutes dishonesty.
Alberto’s frivolous conduct regarding his comments about habeas also violates Rule 8.04 in that he misrepresented the truth and in doing so attempted to deceive members of the Senate Judiciary Committee.
Rule 8.04 states: “A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”
During Alberto’s Jan. 2005 confirmation hearing before the Senate Judiciary Committee, he gave testimony that he knew was false and/or misleading when he said, “it is not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes.” This false/misleading testimony related to President Bush’s warrantless domestic spying program, which was instituted while Alberto acted as White House counsel.
At the time he testified, Alberto knew for a fact that warrantless domestic spying was taking place because he was intimately involved in advising the President that such conduct did not violate the Foreign Intelligence Surveillance Act (FISA) of 1978.
In taking hubris to new heights, Alberto laughingly asserted that his response wasn’t false or misleading because he claimed he was responding to a hypothetical question put to him by Sen. Russ Feingold of Wisconsin. Alberto subsequently testified, “I told the truth then. I’m telling the truth now. You asked me about a hypothetical situation of the president of the United States authorizing electronic surveillance in violation of our criminal statutes. That has not occurred.”
Alberto’s testimony “That has not occurred” is patently false and he knew it to be false when he so testified. Alberto’s defense is frivolous to the nth degree because when Sen. Feingold questioned him, Alberto absolutely knew that the question wasn’t hypothetical in nature because of his inherent knowledge that the warrantless domestic spying had been ongoing for several years prior to his testimony in Jan. 2005.
Recently, Alberto denied charges that politics played any part in the recent firing of several U. S. Attorneys; however, this denial is yet another attempt by Alberto to engage in deceit and/or misrepresentation of the truth. The record that is now unfolding clearly demonstrates that Alberto knew his denials were untrue; however, despite said knowledge he chose to violate the Code of Conduct.
It is indeed disheartening and disappointing to discover that the person in charge of our justice system is so willing to play fast and loose with the truth. Even though it is a given that Alberto sits at the pleasure of the President, his allegiance must be to uphold the laws of the United States. Unfortunately, Alberto has chosen not to conduct himself in accordance with the oath he took as an attorney in Texas and more importantly the oath he took as United States Attorney General.
Please provide me with a copy of Alberto’s response to this grievance.
Thanks for your time and attention to this serious matter.
Respectfully,
__________________________
David Palmer
1701 Creekside Dr., Apt. 7801
Folsom, CA 95630 |