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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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