Friday, December 22, 2006

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.

16 Comments:

Anonymous Anonymous said...

Out...standing!

Hear!

Hear!

2:58 AM  
Anonymous Anonymous said...

Judge Smith should have called both sides back to his chambers and told Nifong he hopes he wasn't wasting his and the courts time. The longer this goes on, the less respect I have for Smith. Nifong is clearly playing him for a sucker.

Great blog entry NDLax84!

4:09 AM  
Anonymous Anonymous said...

There are roughly two and one half weeks for the State to get its shit together so Colin and Reade can re enroll prior to the second semester. But the earliest I see Fong taking another look is the day before the February hearing, since he will be subject to inquiry the moment the case has evaporated. Since the February hearing is close to when her baby is due, aren't the odds in favor of the hearing being delayed? This farce could continue to March and Colin and Reade could lose another season unless Oz steps to the plate and dismisses all charges post haste.

8:42 AM  
Anonymous Anonymous said...

First, great article. So far I am not impressed with Oz. When it became known on the 15th that he had been lied to, why didn't Oz comment on it or beat Nifong about the head? I haven't seen Oz do anything except schedule hearings 6 weeks apart.

9:44 AM  
Anonymous Anonymous said...

In light of the fact that Nifong knew that there was unidentified male DNA in, on and on panties of AV, and in light of the fact that DPD and/or Nifong got the DNA of at least 1 of the nonLAX Duke party goers by mid June, does this make Nifong's request for every party attendee's records of when they used their Duke entry cards between 8:00 am 3/13/06 intil 8:00 am 3/14/06 seem more sinister? He said it wasn't looking for new suspects, but was only trying to see if the memories of the Lax captains that spoke to police was correct. I think Nifong's request for that info takes on new meaning now that we know that he was trying to find the donors of the unidentifed seed.

11:36 AM  
Anonymous Anonymous said...

Great post. If Oz doesn't boot this whole "case" he will look like a total fool in front of the whole country.

12:01 PM  
Anonymous Anonymous said...

It would be foolish for Collin and Reade to ever step foor in NC or Duke again when this is over. Their lives would be in danger in my view. I hope the Ivies will be there for them.

12:30 PM  
Anonymous Anonymous said...

ND sure knows how to call a spade a spade.

1:11 PM  
Anonymous bill anderson said...

Two things. First, there was no "interview" with the NY Times in the sense of a real interview. Instead, it was a strategy session, as both Nifong and the Newspaper of Jayson Blair and Walter Duranty are having to plan some serious CYA activity.

Second, a friend of Judge Smith emailed me and told me not to underestimate the judge. I tend to agree. This thing will not make it to the February 5 hearing.

On another note, I will be interested to see if Duke permits Seligmann and Finnerty to transfer to another place so they can enroll in second semester classes. I cannot speak for Finnerty, but my guess is that neither he nor Seligmann ever will want to step foot on Duke's campus again.

However, I would nt be surprised of Brodhead throws a bit of an olive branch at the two and relents on the punitive actions that have been taken thus far. Brodhead KNOWS that the charges are false, and it is time he act accordingly.

2:46 PM  
Anonymous Anonymous said...

If those kids were my sons there would be NO way they would be returning to Duke or that corrupt city of Durham. I am sure that there are other schools that are much better choices. As an aside, I wouldn't even let my son,( perfect SAT scores, National Merit Scholar ) consider applying to Duke. Why would anyone want to send their child to a school that so quickly abandoned their students?!

3:21 PM  
Anonymous Anonymous said...

The fallout from this case will be tremendous. The behavior of Brodhead and the board of trustees will lead to major problems for Duke, for example.

8:39 PM  
Anonymous Anonymous said...

To 8:39 --

That Duke and higher education in general should be subjected to some measure of scrutiny is one small positive that might issue from this mess. Should it eventually bring about the destruction of the iron curtain that runs through the nation's newsrooms and faculty lounges, THAT would be truly amazing progress for which we as a society should be grateful.

SteveDinMD

10:11 PM  
Anonymous Anonymous said...

Bill A - You are a hero of the hoax, but I think underestimating Oz is valid. He could start with opening the court room to cameras.
The judges knew how bad they and Nifong looked on camera.
Those kids should never return of Duke or Durham.

10:55 PM  
Blogger Kemper said...

I disagree, the boys will be welcomed on campus. Brodhead should immediately readmit them. He can do this anytime. They will welcomed home and protected and honored by all on campus. I say this as a Duke parent. I know this as a fact. Merry Christmas, hey Brodhead do the right thing or you and Mikey are both going to be out of a job pretty soon.

12:43 AM  
Anonymous Anonymous said...

I'd like to see them get back on
the team this spring and go onto
win that National Championship.

Wouldn't that be sweet. Never been
to a LAX game, but think I'll start
going.

1:31 AM  
Anonymous Anonymous said...

Since Judge Ito, I have lost my faith in Judges. Judge Smith seems to be cut of the same cloth. I think Judge Judy would actually be the best?

1:34 AM  

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