"Cheek for District Attorney," The Chronicle, Duke's student newspaper, says this morning.
Durham voters will face an easy choice this Tuesday at the polls: elect a district attorney who has failed his office or vote to recall him by selecting Lewis Cheek.People at Duke, in Durham and elsewhere who care about justice will cheer The Chronicle's well-written, carefully reasoned editorial.
It is true, as many in the public sphere have expressed, that one should not normally judge an attorney based on one case alone but rather on an entire career. But what if that attorney's mistakes in one case are so public and so grievous?
Many have accused Nifong of disregarding several laws and practices like his oversight of numerous failed lineups, improper contact with witnesses, refusal to examine exculpatory evidence and advocating the guilt of the accused to the press before properly reviewing the evidence.
For the first time the public is witnessing Nifong's prosecutorial style first hand, in a very public manner. Nifong's handling of the case to date raises a number of questions about his prosecutorial conduct, but also about the general manner in which he carries out his duties as district attorney.(bold added)
The district attorney is more than just a lawyer who prosecutes cases; he is a public figure with a great deal of power. Nifong's actions seem to sidestep the legal system, but it also seems that he has taken advantage of the community. Through his approach to the case and his statements to the press, Nifong utilized an already existing and powerful divide in the Durham community.
This district attorney race is not just about the Duke lacrosse case and it certainly should not be. Durham had the highest homicide rate in North Carolina in 2005 and continues to face a grave gang violence problem.
This county needs a fair and competent DA. From witnessing his style during the past few months, it is apparent that Nifong is hardly that choice.
It seems shocking from recent polls that Durham residents would not choose to recall Nifong and have someone else appointed to the post. This time, the victims of what seem to be unethical procedures were three members of the Duke community who could afford to hire proper legal representation, but what happens to those who can't?
Nifong appears to be, from his actions during the past few months, a DA who will do anything to get a conviction and gain political favor. [...]
Only one option is left in this election: Lewis Cheek. Steve Monks, as a Republican write-in candidate with little trial experience, has no chance of being elected.
By selecting Cheek as DA, Durham residents can send a direct message to the governor that this county needs better.
North Carolina Governor Mike Easley is no fool; he would not subvert the democratic process by re-appointing Nifong or someone like him.
The choice is clear.
The Chronicle formally endorses Lewis Cheek for district attorney.
By urging voters to reject Nifong and give Governor Easley a chance to appoint an able and honorable District Attorney, The Chronicle is serving the interests of Durham’s citizens and everyone else who wants and expects to be treated justly by the DA's office.
The editorial does something else: It answers a question many in the Duke community and elsewhere have been asking for months: "Isn't there any other group at Duke besides the Women's lacrosse team willing to lead in the fight for justice?”
Today, at least, we can all answer: "Yes, The Chronicle's Editorial Board."
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