Thursday, August 10, 2006

Full Gaynor

Simply outstanding.

Exoneration For The Duke Three Is Coming

Tawana Brawley II

...Dr. Anderson did not mince words: "We labor under the delusion that men like Michael Nifong are decent and honorable, and that the elected officials and judges in North Carolina who are overseeing this whole fiasco are honorable people who want to do what is right. They are not. They are nothing more than political animals that will do what is necessary to be elected and hold office, and have no interest whatsoever in what is right or wrong."

Interestingly, Dr. Anderson primarily attributed the epiphanies of New York's Attorney General and Governor during the Tawana Brawley scandal to "political reality" — " Robert Abrams and Mario Cuomo did not come to the realization that Brawley and her supporters were lying because they were honorable men; they came to that conclusion because it was forced upon them by political reality, and because those who were accused were part of the state legal apparatus" and contended "that if those two men currently were attorney general and governor of North Carolina instead of having held those positions in New York, they also would be pandering to Nifong and Sharpton."

That may well be true, but it two other white liberal Democrats — Governor Michael Easley (who appointed Michael B. Nifong as Durham County, North Carolina District Attorney) and Attorney General Roy Cooper — who are responsible for overseeing what Mr. Nifong has been doing, and they have been derelict in their duty to see that Mr. Nifong serves as a minister of justice instead of abuses his power as a prosecutor/persecutor.

Perhaps most significantly, Dr. Anderson looked beyond the "system" to provide "justice" to the Duke Three being scapegoated by Mr. Nifong with the aid or acquiescence of his allies: "If the legal nightmare for Seligmann, Finnerty, and Evans really does end, it will not be because 'the system works.' It will be because bloggers, attorneys and a few heroic journalists made sure that the 'legal' system did not work. We can only hope that Tawana Brawley II ends as did Tawana Brawley I: that despite the best efforts of the lying state 'justice' apparatus, the truth was exposed anyway."

Some of us (including Dr. Anderson) have done more than hope. We have tried to expose the truth...

...The scandal is not that Duke lacrosse players gang-raped. They didn't. The scandal is that Mr. Nifong abused his prosecutorial power for personal political purposes and has yet to be called to account for it.

But August has been hot for Mr. Nifong and he will fall in the Fall, first in the courtroom of public opinion and then in the election in which he is the Democratic candidate in a Democrat bastion, there is no Republican candidate and the Democrat who got on the ballot via the petition route (Lewis Cheek) has announced he will neither campaign nor serve if elected. Fittingly, in the soap opera that is the Duke case, this ABN (Anybody But Nifong) candidate will win.

What the defense needs is not a DNA expert to challenge the test results (they were favorable to the defendants), but a lawyer familiar with government corruption.

As it turns out, they have one!

From Friends of Duke University website:

"At 5:41 PM, July 06, 2006, Anonymous said... One of Finnerty attorney's, Michael Cornacchia, is a specialist in government corruption, he was the chief investigative counsel under Paul Volcker for the investigation of the UN Oil-for Food Scandal and a former US Eastern asst District Prosecutor."

Unfortunately, the so-called Volcker commission flinched, people eager to get to the bottom of things resigned in protest and Mr. Cornacchia chose to stay instead of go.

From the Independent Inquiry Committee into the United Nations Oil-for-Food Programme Statement to the Press of June 15, 2004:

"Prior to his appointment, Michael Cornacchia served as Senior Litigation Counsel for the Office of the U.S. Attorney for the Eastern District of New York as well as a deputy chief in its Criminal Division. While in these positions Mr. Cornacchia directed major investigations into corporate and securities fraud, and public corruption."

Like the United Nations, the Durham County District Attorney's smells like a cesspool of corruption.

The Duke Three should show that they have been victims of prosecutorial abuse, not just show reasonable doubt as to whether they committed the heinous crimes of which they are charged.

As Shakespeare wrote in Measure to Measure, Act III, Scene 1, Line 214: "Virtue is bold, and goodness never fearful."

What the defense needs is boldness and strength, not meekness or weakness, The kind of boldness showed by Kirk Osborn, Reade Seligmann's attorney, in moving to remove Mr. Nifong from the case for good cause: "District Attorney Mike Nifong neglected his duties as a prosecutor to seek the truth and a fair prosecution. He created an actual conflict between his professional duty to search for the truth and his personal, vested interest in getting elected in the following ways: (1) he ignored the actual facts of the case which demonstrate the Defendant [Reade] could not have committed this crime; (2) he made a series of statement to the national media designed to bolster his election chances while prejudicing the case against the Defendant; (3) he improperly injected himself into the photographic lineup proceedings, causing the Durham Police Department to violate its own policies in an effort to provide himself a source of information from which to indict some, indeed any Duke Lacrosse players; and (4) he denied the Defendant a probable cause hearing where the Defendant's actual innocence could have been shown and the gross deficiencies of the prosecution's evidence would have been exposed."

Yes, judges have put aside the motion, but they soon will regret it. If the motion is not granted soon, the media may make very good use of it at a propitious moment, to the consternation of the Durham County judiciary as well as Mr. Nifong and his political supporters. Exposing Mr. Nifong and exonerating the Duke Three would be a great public service and great television.


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