Oz, This Is Too Easy

(And it needn't wait until February 5th.)

After months of "no comment," Mikey's begun flapping his gums again. In a three hour interview with Gotham organists David Barstow and Duff "The Sports Reporter" Wilson, Nifong proves himself but a cornered rat flashing teeth in a desperate and doomed last-ditch attempt to avoid being bludgeoned to death. The nut really is unhinged.

Last week you heard sworn testimony from the principal of Doctor Nick's DNA Lab & Sanitation Services. You will recall his unequivocal statement that he and Nifong affirmatively decided back in April not to include the scientifically confirmed presence of DNA from five men, in and upon the panties of the other liar, in the "final" testing report Nifong provided to the defendants' attorneys. You also heard, of course, that none of that DNA was from any of the three defendants to this continuing farce.

You will also recall Nifong lying to the court, on May 18th, when he filed the following perjurious statement: "The state is not aware of any additional material or information which may be exculpatory in nature with respect to the defendant."

You will also recall Nifong lying to you, just last Friday, when he told you that "[t]he first I had heard of this particular situation (his non-production of what should have been case ending exculpatory DNA evidence) was when I was served with this particular motion" two days before he lied to you.

I'm sure by now you've read the latest New York Times spin, wherein Nifong lies again, stating that he didn't realize that he hadn't turned over those (exculpatory) DNA testing results simply because the sheer volume of the underlying material "wasn’t something I was concentrating on." What a crock. He knew what that voluminous data showed. He knew it showed that five guys had left their seed in and upon the clothing of the other liar, in close temporal proximity to the infamous lacrosse team party. He knew that none of the lacrosse players were any of the five seed donors. He knew, thus, that the other liar's statement of having not had consensual sex for a week before the party was, well, a lie. He knew all of this before he presented Seligmann and Finnerty, and, later, Dave Evans, to the Grand Jury for indictment. AND HE CRIMINALLY CONSPIRED WITH DR. NICK TO BURY IT.

Suddenly, NOW, Nifong (tah DAAAH!) has a cartoon lightbulb go on over his head. Suddenly, NOW, he dispatches his bad check investigator to suddenly, NOW, ascertain from the other liar that "she could no longer be sure what had penetrated her." Suddenly, NOW, he opines that "since there is no scientific or other evidence independent of the victim’s testimony that would corroborate specifically penetration by a penis, the state is unable to meet its burden of proof with respect to this offense."

Well, Oz, you see what you are suddenly, NOW, presented with: The opportunity and, indeed, the necessary obligation to dismiss these spurious persecutorial charges, NOW.

Nifong seems to think you are a fool. He seems to think that you are stupid. He seems to think that you are a patsy or, at least, a Durham judge. He seems to think that you would be duped into allowing him to channel Bill Clinton, quibble over how one defines "lineup," and pervert the currently scheduled February 5th hearing upon the defendants' forever pending LINEUP "Identification" Suppression Motion into a de facto opportunity for the other liar to point her accusatory finger at the three men who have had their faces plastered all over all manner of media for, by then, eleven months, to justify his vindictive march forward.

You're not stupid, Oz. You know that Nifong's dismissal of the rape charges today, upon the non-reliability of the other liar, renders her "identifications," whose incredible nature had been surgically dissected previously in the defendants' joint motion, all the more unreliable. The evidence before the court is incontrovertible. There's no need for a hearing to be held. You must be personally affronted by Nifong's playing you for a fool. You must be incensed by his perjuring himself to your face in a transparent attempt to save the sheepskin his JD was printed on. You must be disgusted by the disrepute his shameless unethical conduct has imposed upon the bar and Courts of Durham County and North Carolina.

Hail all counsel in front of you on Tuesday, the day after Christmas. Suppress the "alleged identifications." Dismiss all charges. Extend to the wrongfully accused the heartfelt apologies of the Great State of North Carolina. Hold Nifong in criminal contempt. Have him removed from your sight in handcuffs. Submit your findings of fact and conclusions of law to state bar disciplinary authorities, and USAG Gonzales. Sleep well at night.