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Prosecutors talk about Nifong disbarment

Michael W. Hoskins
January 1, 2007
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Indiana prosecutors worry about heightened suspicion of charging decisions they make as a result of the high-profile disbarment of a North Carolina prosecutor over the weekend.

Talk started months ago as the situation escalated, but banter took a new surge this morning following Michael Nifong's nationally televised disciplinary proceeding Saturday. He was disbarred for violating professional conduct rules in his prosecution of three Duke University lacrosse players falsely accused of rape.

"Around the country and here, prosecutors are talking about the Nifong effect," said Stephen Johnson, executive director of the Indiana Prosecuting Attorneys Council. "This is a black mark against all prosecutors."

The North Carolina bar charged Nifong with breaking several rules of professional conduct, including lying to both the court and bar investigators and withholding critical DNA test results from the players' defense attorneys. The commission unanimously agreed that Nifong's actions involved "dishonesty, fraud, deceit and misrepresentation."

The 29-year prosecutor said he would waive any right to appeal the punishment in an attempt to help restore faith in the criminal justice system and the role prosecutors serve throughout the country.

"I can't even express my disgust for this guy," said Cass County deputy prosecutor Randall Head. "Nifong's behavior defies belief, but it's an aberration. Most prosecutors I know make a concentrated effort to avoid problems Nifong created, and I have never known a prosecutor who engaged in the systematic cover up of exculpatory evidence the way he did."

Head said he believes this case will help educate the public about the Rules of Professional Conduct and what prosecutors are not allowed to do, as well as have an impact on how juries view DNA results.

Johnson found a bit of irony in this case, as North Carolina's system is similar to that in Indiana and Hoosier lawmakers spent time this past legislative session talking about the Nifong situation and comparing it to this state's system.

"They missed the point," he said. "What's different is that here, we're more often talking about charges not being filed. That says a lot. Justice is often served by not filing charges."
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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