Nifong and the General Assembly
There seems to be some agreement throughout the pundit subdivision of the blogsphere (see: Allen and Doug) that something is profoundly wrong with the Duke Lacrosse case, so much so that the D.A. and prosecutor (until he removed himself), Mike Nifong of Durham, may need to be held to account in some way.
And I’m beginning to get the sense that folks might want something other than the bar complaint that’s been filed.
Might the General Assembly, which will come back on Jan. 24, get up to something?
The legislature has been known to make laws in response to public outcry and a constant pounding in the news cycle. You need to look no further than the raft of ethics laws passed to quell public outrage over former House Speaker Jim Black to see that.
So as I reported for another story that will run next week, this comment from Rep. John Blust, a Greensboro Republican, didn’t shock me:
“Something I think we need to look at, is if someone can do to me or you what Nifong did to those Duke people, there’s got to be some consequence. I’m not sure what we might need to do yet, but I really think we might need to do that.”
Blust may not be the only one thinking along these lines, although of the folks I’ve talked to he’s only one to come right out and say it.
What could the legislature do? I’m not a lawyer, and don’t claim to play one on tv, but one could well imagine them creating some mechanism (other than the court of public opinion) to go after someone for a reckless prosecution.
One might think this chapter of the general statutes might be a place for Blust and any like-minded individuals to start their ruminations.
Comments (2)
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I'd like to think that you've been reading my blog over the last week Mark. But I doubt it.
There are all kinds of ways for a North Carolina DA to do wrong by a case (and many of those ways have been demonstrated in recent news stories). That includes NOT referring a case for a proper investigation . . . or prosecuting it . . . when the evidence is black and white and staring you in the face . . . and you have a reputable victim begging for help.
My case is the flip side of the Duke case. And, in late December, I asked the Randolph County Clerk of Court (who happens to be the wife of a judge) to advise me as to a time/place/format to present and file an affidavit to remove Randolph County District Attorney, Garland Yates from office. I've yet to get an answer.
The details are here and here.
The burial of my case is ALL about local politics. I'm not moneyed. I don't have the right last name. When once asked why he did not answer my letters to his office, Former Speaker of the House, Harold Brubaker did NOT cite any lack of merit of my claims, he simply said, "I have to live in this town".
I expect the same excuse can be offered by the local newspapers.
Citizens wronged (either by overzealous prosecutors or indifferent ones) need a way to go over the heads of those who are determined to keep their heads buried in the sand. They need to be treated like human beings instead of cogs in someone's wheel of power.
Posted on January 14, 2007 2:36 PM
We all need recourse when the judicial system fails us. If anyone knows where that recourse is please let me know. I have tried for years and years to bring attention to the many travesties which are bred within the court system by the very people who are suppose to uphold it. You complain to the Bar and you receive a letter "acknowledging" your complaint and it is beyond me how Judicial Review Board's time after time find NO violation at all. It is not only of District Attorneys that reject abiding by the letter of the law but Judges as well, which then trickles down to the lawyers. The entire judicial system is broke ... and who is suppose to fix it ... ???
Posted on January 17, 2007 3:30 PM