An article in today’s Durham Herald Sun reminded me of a very important aspect of the Duke lacrosse case that media in Durham and Raleigh are ignoring.
First, the H-S article which begins:
The Duke lacrosse rape case likely will get an "exceptional" designation from the state Supreme Court that would be the first of its kind for a criminal issue in Durham, officials said Friday.A defense lawyer wanting a speedy trial. To paraphrase President Reagen: “There they go again.”
The designation, which must be approved by the chief justice of the state's highest court, could speed the case by providing one judge to handle every detail from now until the end of a trial.
With only one judge making all the decisions, consistency and efficiency would be vastly improved, officials predict.
"I think it's a great idea," lawyer Bill Cotter said Friday.
Cotter represents Collin Finnerty, one of three Duke lacrosse players indicted on charges of raping an exotic dancer in March at an off-campus party.
From the time Collin Finnerty and Reade Seligmann were indicted defense lawyers have been asking for a speedy trial while Durham DA Mike Nifong seems very contents to let time go by. He’s never joined defense attorneys in their requests to speed up the trial.
Our local media - the Durham H-S, Raleigh N&O, WRAL – TV, and News14 - to name a few, haven’t done very much that I’ve noticed to point out how unusual it is for defense attorneys to be demanding a speedy trial while the DA is content to smile during procedural hearing, make disparaging remarks about the defense, and wait, wait, wait for a trial date.
Usually DAs want a trial ASAP, especially if the case will depend heavily on eyewitness testimony.
DAs usually want to go as quickly as possible from indictment, when they‘re supposed to present to the grand jury the reasons why they should take the case to trial, to the trial itself.
Trial delay only gives time for witnesses to become forgetful or, if they’re not forgetful, there’s the matter of a jurors listening and saying to themselves, “The witness is so sure after all this time. But I wonder. Coaching? Rehearsal?”
Delay also gives the defense to find supporting witnesses, find new exculpatory evidence, etc.
Nifong’s willingness to accept delay and the defenses’ eagerness to go to trial are big stories that should be examined and reported extensively.
5 comments:
No one wants to come out and say that Nifong is the one who needs more time---time to "find" new evidence, time to intimidate defense witnesses, time to inflame the potential jury pool---but, most importantly, time to clean up his star witness, the "alleged" victim. I think sources in Durham know where she is...why aren't they saying?
Time to get a leak on the next unbreakable alibi so that the police and witness can be coached some more in their stories.
The two Durham cops about to lose their jobs may be the lucky ones.
-AC
Are we suffering from Nifong fatigue? Is his strategy to stonewall the critics, intimidate witnesses and show up in court with a few surprises?
TO: N&O Editor and Staff
Subject: alleged Racial Intimidation & Assault at Blinco's Bar in Raleigh
Is it true that the DPD has a Large Luxury Vehicle that is utilized by senior DPD personnel called BALD ONE?
What is the name of the driver of the Quasi-Police Limo?
And, it's not Boy, either.
Can you confirm the allegations that BALD ONE is prone to overheat and the brakes have repeatedly failed. Have these incidents involving BALD ONE been investigated and disclosed in a manner in accordance with State and Federal law?
Are the citizens of North Carolina liable for Bodily injury and property damage caused by BALD ONE?
Can you confirm the rumor that BALD ONE was involved in a HIT and RUN recently?
Is it true that there is a culture of privilege and arrogance surrounding BALD ONE? Is the continued use of the BALD ONE by the Durham PD indicative of a swaggering sense of entitlement in this institution?
At what point will the damage resulting from BALD ONE override any
potential benefit to the senior personnel at the DPD?
Does the Durham D.A. have unfettered access to BALD ONE? Has BALD ONE
been used (or misused) by that office for personal reasons in the past? Has the history of misuse of BALD ONE by this office been investigated and reported on in the past?
Specifically, is the oversight and enforcement process regarding BALD ONE being adhered to by all State institutions, employees, and representatives?
Has the Media pressed for reform or led any effort to prevent corruption
in the aforementioned State institutions since the existence and knowledge of BALD ONE has come to light?
In regard to BALD ONE, what did the News and Observer know and when did
they know it?
A Preliminary investigation has revealed serious questions regarding codes, ethics, laws, and standards stemming from the points delinated above and the absense of media inquiry into these charges.
No conclusions have been reached; however serious questions remain. Does this link from Wikpedia offer any clues?
http://en.wikipedia.org/wiki/Cover-up
So what is the Nifong game plan now that he doesn't seem to have the facts on his side?
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