Tuesday, June 12, 2007

(Ex-)Duke Lacrosse Prosecutor Faces Trial for Misconduct

In the words of one of the defense attorneys on the Duke rape case, Nifong "created a conflict between his professional duties and the search for truth, and his personal vested interest in getting elected." "In his zeal to make national headlines and win a hotly contested primary, the DA Nifong intentionally ignored other evidence which was inconsistent with rape at the expense of [Seligmann] and all other Duke lacrosse players."

Now he faces trial for the same misconduct alleged throughout defense motions to have him removed, before the charges were dropped a couple of months back.

At the center of the controversy and the defense challenge to the evidence was the police lineup consisting of 46 Duke lacrosse players, all suspects in the case, which violates the most basic rules of lineup construction for a collection of reasons and offers little hope for an accurate ID. According to defense attorneys, Mike Nifong was behind the lineup as well. In their words, "He ignored the actual facts and improperly injected himself in the photographic lineup proceedings, which violates police policy."

Nifong is now heading to trial on charges of withholding evidence, lying to the court and bar investigators, and making misleading statements to the media about defendants in an active case.

2 comments:

Ryan said...

I don't know why Nifong gets all the blame for the bad line-ups. There were several line-ups that used lacrosse players/partygoers as "fillers" before Nifong even heard about the case.

The DPD ignored the written procedures from the start. Either they knew the accuser was lying and figured they needed to get her to pick someone to keep the case going, or they're incredibly incompetent and go out of their way to put together line-ups that could undermine what they believe to be legitimate cases.

Ryan said...

As a matter of fact, at least one of the players who was eventually indicted was used as a filler more than once in earlier line-ups.