Friday, July 11, 2008

Ex-prosecutor on the Addison clanger

Throughout the Duke hoax, frame-up attempt and the ongoing cover-up of it, the Ex-prosecutor has commented from time-t0-time drawing on his law and prosecutorial background. His comments have always been thoughtful. He's often pointed to the form and direction matters would take with subsequent events proving him prescient.

With that in mind, I've moved his comment in response to In Addison's Motion: "a typo" or "a clanger?" to the main page so more of you will see it.

I also plan later this evening to respond on the main page to some or all of each of the comments currently on the post thread.

The rest of this post is the Ex-prosecutor's comment:

I cannot recall well all that went on between March 21, as of when the plaintiffs were not part of the investigation, and May 16, when Mr. Nifong said that no others would be charged. However, by making this claim as to the status of the plaintiffs on March 21, their lawyer may have been continuing a fiction often employed by police officers.

When police activities following a crime go from investigatory to accusatory, various rights attach to the suspect. If, for instance, a wife is found dead, officers often will avoid treating the likely killer, the husband, as a suspect, because they want to question him as a witness (so he won't have to be advised of his Miranda rights) rather than as a suspect (when he will) After being reminded that their statements can be used against them, that they have a right to counsel, and to refuse to answer questions, persons often will clam up.

So, to get a husband talking, officers will claim that he was not a suspect and could have left the police station at any time.

As to the March date set out in the Addison brief, it may have been a mistake or a use of police fiction as to the difference between a witness and a suspect.

However, even if the latter is the case, I don't think the defendants will be helped. As I recall, during the two months after the March date, the Durham police and Mr. Nifong continued an active but fruitless investigation of which these plaintiffs obviously were subjects. The officers just didn't want to recognize the constitutional rights of the plaintiffs.

Either explanation is untenable.


Anonymous said...

John, there just should have been al all-out investigation of Duke and Durham by the feds a long time ago.

Pure and simple.

Anonymous said...

The Attorney General flatly rejected proposals to conduct a federal investigation, even when the investigation was requested by the North Carolina Attorney General. And one of North Carolina's U.S. Senators, Elizabeth Dole, wasn't even aware there had been a frame-up and the three accused players were officially declared to be innocent by NC prosecutors. If anyone can suggest a method whereby somebody at the federal level can be persuaded to act, I'm sure an investigation would result in many indictments. All NC voters, be advised: Dole is running for reelection. I, for one, wouldn't vote for Dole under any circumstances after learning that she remained totally and willfully ignorant of the scandalous violation of civil rights occuring in her own state.
Tarheel Hawkeye

Anonymous said...

It's even worse. Dole is a Duke graduate (Women's College) and played a serious role on the Duke Board of Trustees a couple of decades ago. Understand?

Archer05 said...

I have a totally different take on Elizabeth Dole. How could she mix into a case with lawsuits abounding? That does not seem likely to me.

As far as her Duke connection, nothing has been proven against Duke yet, and if she cares for Duke, she should not go against them without legal proof. That seems as bad to me as the Gang of 88.

I am hoping the lawsuits settle the questions I have. Dole has a very conservative voting record. That is important to me.

Several sources say Obama sent a letter for more investigation. He said he would be watching the progress, not that he would mix into another state’s business.

That would totally out-of-line, and he would not rile the blacks he needed for the primary, or the NC Democrat's machine. Anything he would do would embarrass both.

Can you imagine Obama facing down the NAACP for three white lacrosse players? Think of the fury of the black voting community.

I cannot imagine Sen. Dole mixing into Chicago's legal matters either.

Archer05 said...

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After Hours : $4.98

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Anonymous said...

Archer05: After the NC Attorney General declared the players innocent, and then requested the U.S. Attorney General to investigate, I sent a letter to Dole asking her to confer with the U.S. Attorney General and request a federal investigation. The response I got, which was a month and a half after the case had been declared a frame-up, was to the effect "This case involves a rape and criminal assault on a woman by students at Duke University. The Senator cannot interfere in an ongoing criminal prosecution." She did not know that the case had been thrown out; she still believed it was a legitimate prosecution! One of the most infamous cases of prosecutorial misconduct in her own state and she was totally unaware of it!! She does vote more or less conservatively, but that isn't enough. I want someone in that office who pays attention. From her conduct in this matter, I have concluded she is brain-dead.
Tarheel Hawkeye

Archer05 said...

Tarheel Hawkeye,
I always read your comments and agree with you like 99% of the time, but on a Senator mixing in on legal matters I do not. First, we have two senators. I did not notice our Senator Burr mixing into legal matters. All the NC political players in this case are Democrats, add a biased press, and it does not lend itself to Sen. Dole influence peddling without inky scorn.

Even at the time I was totally outraged with this whole case, I wanted it to go through the local process where I can watch the proceeding. In my opinion, the players settling with Duke, and then initiating other law suits has put everything on hold for now. There is much to surface with the ongoing lawsuits. I don’t think for one minute that our AG vigorously sought a Federal investigation.

I also wondered about how the N & O would spin the interference of Sen. Dole. How about, Republican Senator Dole tries to influence an ongoing case using a federal threat? Senator Burr respects the state legal system. Who is up for re-election?

Unless this whole case falls flat, I am not sure it cannot be handled within our state system. Respectfully, I wonder how we can know that it won’t be handled to our satisfaction? I may not be overly confident in our state legal system, but I am less so of any federal intervention.

Anonymous said...

Archer05: Since the charges had been dismissed and the players declared innocent, there was no more criminal case with which Dole could be accused of interfering. My request to her was made when the criminal case had been thrown out and she should have known that. If she urged a federal investigation of civil rights violations, she would be acting within her constitutional duties. Unfortunately, she failed to comprehend what had transpired. While I appreciate your concern about the N&O, Dole is already in their sights and will be castigated by them no matter what she does. Moreover, if she permits fear of newspaper criticism to influence her actions, then that is one more reason not to vote for her. I believe we can agree to disagree.
Tarheel Hawkeye