Nifong Hearing

[peterwho]

He left test results out of "a" report but had always intended to include them in his "final" report in the case?

AND

That "final" report being the one that Nifong never requested?

I don't know about the rest of you, but my boss would have a lot of unpleasant feedback for me if I managed my analyses that way.

His interview on "60 Minutes" was a lot more forthcoming.

[Jana]

he wasn't under oath when he spoke to 60 minutes. He's trying save his own hide right now. The players could sue him, he could lose his job, won't speculate if he faces criminal legal issues.

[laxfan25]

They just had an extended story on today's events on All Things Considered.
http://www.npr.org/templates/story/stor ... d=11086538
Audio will be available at 7 PM ET.
Adam Hochberg, the reporter, said that the NC Bar doesn't typically hand down very harsh punishments. He said there was another case of prosecutorial misconduct in a capital punishment case (the guy may have even been executed wrongly) and the punishment was a reprimand.
Based on that, my feeling is we will be badly disappointed by the results of this hearing.

[Sonny]

Nifong is on the stand now, live on CNN.

[Sonny]

Durham-In-Wonderland operates a great blog on the case and the Nifong Hearing, including daily updated analysis of testimony:
http://durhamwonderland.blogspot.com/

Reade Seligmann was on the stand earlier today. Here is a snippet from the above linked blog about his testimony:

Seligmann opens by talking about his athletic and academic prowess in high school, and then moves on to discuss finding out about the allegations (from the newspaper).

Q: Were you reluctant to give DNA?
A: No--was told that this would be the best way to prove innocence.

As he was leaving the police station following his giving of DNA, Gottlieb told him that the police would take care of everything, and clear the case up; that everything would be just fine. "Don't you worry."

After story broke with Nifong's statements, statements "turned our world upside down." Affected how professors viewed the players.

Show video of protest on Duke campus from March 29--the day when the potbangers spread the "wanted" posters.

Had to change their way of life on campus--"wanted" poster.

Was taking an African-American history class (taught by Group of 88 member Raymond Gavins)--his study partner drops him, publishes a piece in the Chronicle comparing the Duke lacrosse team to the Jim Crow south.

Notes effect of Nifong's false claim of wall of silence by students.

Everyone on team assumed that it was going to be the three guys who lived in the house--"never thought in a million years that I would ever be a suspect."

His father is there; he sat to the ground, and said his life is over. Got up; he and his father were hugging each other. First thing he thought about was how he was going to tell his mother.

[People in the courtroom are audibly crying as they are listening to this testimony.]

[This is extremely powerful testimony; the three panelists are watching intently.]

Learned that he would be indicted on his mother's birthday.

In the room as Julian Mack--his then-attorney--learns of the indictments over the phone. "Room felt like it was spinning."

His father said they needed to work immediately to put together alibi information: hadn't even remotely thought he would be picked, so had no alibi information. Called Father Luke Travers, Delbarton headmaster, told him that he would have to be by his side when he called her to tell her. (Kathy Seligmann had been at one of his brothers' lacrosse games.)

Could hear her at the other end of the phone--"the life was sucked right out of her." He tried to calm her down; told her that they could prove that it didn't happen.

Learned that Nifong wanted to come to class and arrest them; told that if it got out to the press, that Nifong would revoke privilege of Collin and him turning themselves in.

Had to tell his girlfriend; she collapsed; had to carry her to his father's car to go to hotel and turn themselves in.

Made bond by borrowing money from friend--after indictments, his family has to leave the house because of media presence.

Remembers Osborn efforts to construct alibi--Wachovia ATM evidence; clearly relevant to Nifong's case, "didn't understand" Nifong's refusal to look, felt "helpless"; wasn't even angry, just baffled.

"Lonely, helpless feeling" when second DNA evidence came back; assumed that this would end the case.

Prior to first appearance, perception of the court system was that everyone was respectful; totally different experience with the May 18 court experience.

"When we came out of the parking garage, swarm of media came sprinting over."

Then encountered reps of New Black Panthers--dressed in fatigues. Planned on keeping his head up, didn't want to put head down. But could barely walk because the news media was so close in front of him, worried about stepping on them. Couldn't even see his father; then encounters NBPP, started screaming, it appeared, from all different angles. Kept saying, "Justice will be done, rapist."; "You're going to get yours, rapist." Trying to keep straight face--but was "terrified." Had never been in a situation like that before in his life.

Once he enters courtroom, had expected things to quiet down; but people speaking obscenities to him, someone says "Dead Man Walking" to him. Nifong was standing at his table, shuffling his papers, and did nothing.

One thing he remembers from hearing is that Nifong was laughing and smirking as Kirk Osborn presented alibi evidence.

"At that point, we understood where we were headed." Still-"I wanted to sit down and talk with him." Confident that if he had chance to sit down and talk with Nifong, he could have persuaded Nifong.

"Couldn't count how many times I thought charges would be dropped" in the duration of the case.

"Every time that discovery came back, it was always something favorable to us, every single time."

Hardest point was when rape charge was dropped. "Felt like we were being toyed with, that Nifong was continuing maliciously."

Cooney meeting with Nifong shortly after Cooney is hired--thought that Jim was a reasonable guy, confident that Cooney would be able to persuade him.

Nifong to Cooney: "Boy, I bet you wish your client hadn't shown his alibi story, because there's no such thing as an airtight alibi. Sure enough," the story was changed--tried to show how DNA and alibi wouldn't be relevant. "Almost predictable."

Even when Nifong recuses, fears that all prosecutors were like Nifong--people who don't listen to alibi and just want to put people in jail.

"All we wanted was fair and just review of the facts."

Was baffled when Cooney would call the Special Prosecutors--didn't think that was how system was supposed to work, given Nifong's conduct.

[This has been devastating testimony for Nifong.]

Roy Cooper--"in a single word ("innocent"), the man gave us our life back." Probably had never been that nervous when he watches Roy Cooper--"felt like an eternity, because he talks really slow." No one in room reacted when Cooper said that there was insufficient evidence to move forward. Room "erupted" when Cooper gave his declaration--"my whole life turned around with that word."

Notes that he received the Delbarton Model from Delbarton--highest honor; "couldn't be prouder to be part of their community."

Freedman declines to cross, and the state rests.

[TexOle]

Nifong apologizes and resigns as the District Attorney of Durham.

[Beta]

Nifong apologizes and resigns as the District Attorney of Durham.

That's about all he can do (at this point).

[Sonny]

Video of Seligman breaking down on the stand is available here:
http://www.breitbart.tv/html/1746.html

[Sonny]

Some bloggers are speculating that he is resigning to avoid being brought up on criminal charges.

Although they won't get their reputation back, I think the players will have the last laugh in civil court.

[Sonny]

If you can't get to a TV, you can watch the hearing live on WRAL.com

[LaxRef]

Some bloggers are speculating that he is resigning to avoid being brought up on criminal charges.

Although they won't get their reputation back, I think the players will have the last laugh in civil court.

This shouldn't protect him from criminal charges, should it? I mean, they might be less likely to bring charges, but resigning after committing the crime is like closing the barn door after the horses got out.

[GrayBear]

This shouldn't protect him from criminal charges, should it?

It shouldn't and it can't, unless it would be part of a plea bargain, but if he hasn't been indicted yet there's nothing to bargain against. As for civil liability, with the kind of liability exposure Nifong has (seven to eight figures' worth, I'd guess) he can waltz through a trial, be found liable and then file for bankruptcy. No way any of the future plaintiffs can be made whole.

[CATLAX MAN]

Check out this link to a video of Reade Seligmann's actual testimony. It is really riveting testimony.

http://wral.com/news/local/video/1503575/

It's incredible that the justice system was so mangled in this entire affair and it all really comes back to one guy, Mr. Nifong. The press & the talking heads created a feeding frenzy around this case, but Nifong made it happen. He should be charged with something because what he did was criminal.

While they're at it, they can put Nancy Grace in the cell right next to him. She railed on night after night about this case and where is she now with her public apology?

[Sonny]

Nifong verdict is being announced now. Watch live video on WRAL.com

He is being hammered on each and every count.

[Sonny]

The committee found him guilty of violating 27 of 32 ethics charges.