N.C. Files Ethics Complaint Against DA Mike Nifong

By Jeralyn, Section Duke Lacrosse
Posted on Thu Dec 28, 2006 at 07:07:00 PM EST
Tags: Duke Lacrosse, Mike Nifong (all tags)

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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).

Original Post:
N.C. Attorney General Receives 400 Complaints Against Durham DA

This has to be a record of some sort.

The North Carolina Attorney General's Office has received more than 400 complaints about Durham District Attorney Mike Nifong, according to an attorney general's representative.

From withholding exculapatory evidence to failing to properly investigate the case to the faulty photo identification procedure to his improper extra-judicial statements, I'd say this prosecutor is just about done.

And if you add all that to the problems with the accuser's credibility and her vastly different accounts of what happened, the case looks about done as well.

Colin Finnerty's lawyer appeared on Good Morning America today to call for a federal investigation into Nifong's handling of the case.

"We're seeking federal intervention. … We can't allow this to continue another day," Cornacchia told "GMA" anchor Chris Cuomo. "Under the color of law, he's depriving our clients of constitutional rights."

Update: Other Duke news: Professor KC Johnson has posted the transcript of the Dec. 15 court hearing.
Lively discussions are taking place at Liestoppers and the TalkLeft Duke Forums. The Johnsville News has all the latest and a great set of links.

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N.C. Files Ethics Complaint Against DA Mike Nifong | 5 comments (5 topical)

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You have to bear in mind the locality. (none / 0) (#1)
by Bill Arnett on Thu Dec 28, 2006 at 01:17:20 PM EST

When I tracked down Robert Hal Brame aka "The Gentleman Bandit", the trail took me through Durham as he was using the name Richard Allen Crabtree, a friend who had passed away, but that Brame had grown up with in Durham.

I asked one detective there if I would have any problem coming down there to arrest Brame and, very sardonically, he said, "This is Durham. As you drive into town and hit the city limits you will see this gigantic billboard with a picture of a cop with a smoking gun in his hand. The caption below reads, 'We shoot to kill in Durham.', so, no, you won't have any problem here."

Very illuminating. (I actually busted Brame in Ft. Lauderdale, Fla. He was doing burglaries and safecracking in Durham, stealing high end cars and running the loot to Fla, where his girlfriend at a Toyota Dealer obtained clean papers for the cars while Brame and his cohorts sold the stolen merchandise. 72 hours from start [when I got the file] to finish [with his arrest in Ft. Lauderdale], it was quite a ride.)

You used to be? (none / 0) (#2)
by Jeralyn on Thu Dec 28, 2006 at 04:04:16 PM EST

A police officer? I never would have guessed!


: Military police (Air Force) + fifteen years... (none / 0) (#4)
by Bill Arnett on Fri Dec 29, 2006 at 02:18:44 PM EST

...as a professional bounty hunter and California Bail Agent.
If you might know, or know of, Leonard Padilla in Sacramento, I hunted skips with him for years and personally returned more felons than I could ever possible remember to court or custody. A number that would be in the high hundreds or low thousands.
It was more exciting a life than I can describe - all stripped away from me by multiple cancers from good ole Agent Orange and its aftermath.
Wonderful memories, though.

they may shoot (none / 0) (#3)
by cpinva on Thu Dec 28, 2006 at 11:24:12 PM EST

to kill, but apparently they aren't very accurate, if you're tale is true bill. unless, they aren't particular about what they're shooting at. :)

: LOL! And the story is absolutely true. (none / 0) (#5)
by Bill Arnett on Fri Dec 29, 2006 at 02:19:45 PM EST