"Disgraced" DA in Duke Case Says He's Sorry

[Bronco_Beerslug]

This boy is in a lot of trouble!

----------------------------------------------------------
Cleared Duke players could sue
By STEVE HARTSOE, Associated Press Writer 10 minutes ago

RALEIGH, N.C. - The disgraced district attorney in the Duke lacrosse rape case apologized to the three athletes in a carefully worded statement Thursday as their lawyers weighed whether to sue him — and some legal experts say they have a case.



Durham County District Attorney Mike Nifong speaks at a news conference at the Durham County Judicial Building in Durham, N.C., in this July 28, 2006 file photo. (AP Photo/Gerry Broome, File)

While prosecutors generally have immunity for what they do inside the courtroom, experts said that protection probably doesn't cover some of Mike Nifong's more questionable actions in his handling of the case — such as calling the lacrosse players "a bunch of hooligans" in one of several interviews deemed unethical by the state bar.

"I think their chances of success suing Mr. Nifong are reasonably good, despite what we call prosecutorial immunity," said John Banzhaf, a professor at the George Washington University School of Law.

On Wednesday, North Carolina Attorney General Roy threw out the case against the three young men, pronounced them innocent and delivered a withering attack on Nifong, portraying him as a "rogue" prosecutor guilty of "overreaching." Cooper said Nifong rushed the case, failed to verify the accuser's allegations and pressed on despite the warning signs.

In his first comment on that decision, Nifong said in a statement Thursday: "To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused."

He issued what appeared to be a plea to the students not to take any further action, saying, "It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases."

So far, attorneys for David Evans, Reade Seligmann, and Collin Finnerty have not said whether they plan a civil action against Nifong. But they have not ruled it out.

"We're certainly going to be advising him and the Seligmann family of all of their options. But nobody is racing to file any kind of a lawsuit at this point," said Jim Cooney, Seligmann's attorney.

Separately, the North Carolina bar charged Nifong months ago with several violations of professional conduct that could lead to his disbarment. The case is set for trial before a bar committee in June.

Among other things, the bar said Nifong made misleading and inflammatory comments about the athletes, even before they were charged. In the early days of the case, for example, Nifong said several times that members of the lacrosse team were not cooperating with investigators. Not true, according to court documents.

Experts said the ethics charges could form the basis for a lawsuit seeking damages from Nifong.

CONT.

[Rohirrim]

A little late, ****head.

[DomCasual]

"To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused."

Wow. That's heartfelt - sort of chokes me up a little.

[Rohirrim]

If I was one of those Lacrosse players I'd be asking the local Bailiff in Durham, "Could you direct me to the meanest, nastiest, dog kicking, rottenest litigator in North Carolina who would sue his own mother if she owed him a dollar."

[Old Dude]

You know, I never really followed this story, since (a) it's on the east coast and (b) does not involve Anna Nicole Smith.

Anyone care to supply a capsule summary?

[Rohirrim]

Originally Posted by Old Dude

You know, I never really followed this story, since (a) it's on the east coast and (b) does not involve Anna Nicole Smith.

Anyone care to supply a capsule summary?

I don't think you should use "Anna Nicole Smith" and "capsule summary" in the same post.

[crush17]

That guy should be put in jail for what he put those players through.

[Florida_Bronco]

Not that it means anything, but now the accuser owes them a very sincere apology now.

[Garcia Bronco]

I sue him for all he's worth if I was those guys

[footstepsfrom#27]

Originally Posted by Bronco_Beerslug

This boy is in a lot of trouble!

----------------------------------------------------------
Cleared Duke players could sue
By STEVE HARTSOE, Associated Press Writer 10 minutes ago

RALEIGH, N.C. - The disgraced district attorney in the Duke lacrosse rape case apologized to the three athletes in a carefully worded statement Thursday as their lawyers weighed whether to sue him — and some legal experts say they have a case.



Durham County District Attorney Mike Nifong speaks at a news conference at the Durham County Judicial Building in Durham, N.C., in this July 28, 2006 file photo. (AP Photo/Gerry Broome, File)

While prosecutors generally have immunity for what they do inside the courtroom, experts said that protection probably doesn't cover some of Mike Nifong's more questionable actions in his handling of the case — such as calling the lacrosse players "a bunch of hooligans" in one of several interviews deemed unethical by the state bar.

"I think their chances of success suing Mr. Nifong are reasonably good, despite what we call prosecutorial immunity," said John Banzhaf, a professor at the George Washington University School of Law.

On Wednesday, North Carolina Attorney General Roy threw out the case against the three young men, pronounced them innocent and delivered a withering attack on Nifong, portraying him as a "rogue" prosecutor guilty of "overreaching." Cooper said Nifong rushed the case, failed to verify the accuser's allegations and pressed on despite the warning signs.

In his first comment on that decision, Nifong said in a statement Thursday: "To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused."

He issued what appeared to be a plea to the students not to take any further action, saying, "It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases."

So far, attorneys for David Evans, Reade Seligmann, and Collin Finnerty have not said whether they plan a civil action against Nifong. But they have not ruled it out.

"We're certainly going to be advising him and the Seligmann family of all of their options. But nobody is racing to file any kind of a lawsuit at this point," said Jim Cooney, Seligmann's attorney.

Separately, the North Carolina bar charged Nifong months ago with several violations of professional conduct that could lead to his disbarment. The case is set for trial before a bar committee in June.

Among other things, the bar said Nifong made misleading and inflammatory comments about the athletes, even before they were charged. In the early days of the case, for example, Nifong said several times that members of the lacrosse team were not cooperating with investigators. Not true, according to court documents.

Experts said the ethics charges could form the basis for a lawsuit seeking damages from Nifong.

CONT.

Where have we heard this before?

[Dr. Broncenstein]

This clown and the accuser should both be in jail. I'd bring a civil suit against Nifong, Sharpton, Jackson, and Duke University... character defamation, monetary damages, mental anguish, etc.

[Hotrod]

WTF why bother

[Crushaholic]

The DA needs to call the accuser a nappy headed ho. That will get rid of him for sure...

[Bronco_Beerslug]

Originally Posted by Florida_Bronco

Not that it means anything, but now the accuser owes them a very sincere apology now.

I have a feeling the DA led the accuser on in this whole thing and may have even encouraged her. The new DA said there would be no actions against her.

[Garcia Bronco]

Originally Posted by Bronco_Beerslug

I have a feeling the DA led the accuser on in this whole thing and may have even encouraged her. The new DA said there would be no actions against her.

The only problem with that theory is she made a statement to the police...that night when charges were filed. Either way...she's still just as guilty because she made the decision to make those statements and make those false claims. There is no excuse for either of them...none what-so-ever

[Spider]

Originally Posted by Hotrod

WTF why bother

over 3 million in legal fees , these familys had to pay .......... thats huge chunk of change , not enough to get you into space ( 20 mill via russia ) but 3 mill is 3 mill .........

[Hotrod]

My sources tell me hes got job offers in China/Cuba and Russia.....hes gonna be rich.

[Spider]

Originally Posted by Florida_Bronco

Not that it means anything, but now the accuser owes them a very sincere apology now.

............ she lied , does drugs , and is a stripper , just how far do you think her apology goes ?

[Spider]

Originally Posted by Garcia Bronco

The only problem with that theory is she made a statement to the police...that night when charges were filed. Either way...she's still just as guilty because she made the decision to make those statements and make those false claims. There is no excuse for either of them...none what-so-ever

you are thick .........

[Garcia Bronco]

Originally Posted by §Pide®

you are thick .........

I'd bet good money that you weigh more than I do.

I weigh around 180.

[footstepsfrom#27]

Fortunately the Duke kids at least had a favorable judicial system in North Carolina and good lawyers, unlike this guy:

http://www.chron.com/disp/story.mpl/front/4700645.html

http://news.yahoo.com/s/ap/20070409/...na_exoneration

Mistaken ID blamed for rape conviction

By ANABELLE GARAY, Associated Press Writer
Mon Apr 9, 6:44 PM ET

DALLAS - A case of mistaken identity was blamed for a Texas man's conviction in a 1982 rape, and on Monday a judge recommended he be exonerated based on new DNA evidence.

James Curtis Giles has spent nearly half of his life — including 10 years in prison and 14 years on the sex offender registry — trying to prove he was not one of three men implicated in the case.

"It's been humiliating every day, knowing that a sex offender was the scum of the earth," Giles said after the hearing Monday.

If the appeals court formally approves State District Judge Robert Francis' recommendation as expected, Giles, now 53, will become the 13th Dallas County man to be exonerated since 2001 with the help of DNA evidence.

It could take a few months for the appeals court to act on the judge's recommendation.

"I didn't have no idea that I would be found guilty ... but I knew that I wasn't going stop fighting," Giles said after the hearing.

About two dozen relatives packed into the courtroom and broke into applause after Giles spoke.

Then Giles, dressed in a blue suit and smiling, left the courtroom arm-in-arm with his wife, several relatives behind him. At least four other men who have been cleared through DNA in Dallas County also attended the hearing.

Both the Dallas County District Attorney's office and Giles' Innocence Project lawyer, Vanessa Potkin, told the court they had evidence showing Giles was innocent of the 1982 gang rape of a Dallas woman.

It turned out to be a case of mistaken identity, said Assistant Dallas County District Attorney Lisa Smith.

A man who pleaded guilty to the gang rape, Stanley Bryant, implicated two other men in the crime: a James Giles and a Michael Brown. DNA evidence linked Brown and Bryant to the crime, Smith and Potkin said. Brown was never tried and died in prison after being convicted of another gang rape.

Police eventually arrested James Curtis Giles, who lived 25 miles away and did not match the description of the attacker given by the rape victim, Potkin said. Giles was about 10 years older and had gold teeth.

Investigators ignored another man with a similar name: James Earl Giles. That Giles lived across the street from the victim and had previously been arrested with Brown on other charges, the attorneys said. He died in prison in 2000 while serving time for robbery and assault.

The victim recently acknowledged some doubt as to whether James Curtis Giles was among the rapists. One witness also recently identified the other man, James Earl Giles, in a photo lineup, Smith said.

The DNA evidence that linked Brown to the crime was one factor that helped convince the district attorney's office to investigate James Curtis Giles' claim of innocence, especially because of Brown's "overwhelming connection" to the other James Giles, Potkin said.

Giles, who is black, would be the 13th Dallas County man since 2001 exonerated by DNA evidence, the most of any county in the nation. It would be the third exoneration since District Attorney Craig Watkins took office on Jan. 1 pledging to free anyone wrongfully convicted.

Watkins, the state's first black district attorney, took over an office with a history of racial discrimination, including a staff manual for prosecutors that described how to keep minorities off juries.

Giles is married and lives in Lufkin with his wife, working for an accounting business, Potkin said.

He is scheduled to appear Tuesday at the state Capitol in Austin with Barry Scheck, the co-director of the Innocence Project, a New York-based legal center that specializes in overturning wrongful convictions. They are scheduled to speak at Senate hearings regarding three reform bills designed to reduce wrongful convictions in Texas, said Eric Ferrero, a spokesman for the Innocence Project.

Texas leads the nation with 27 DNA exonerations, one more than Illinois, according to Innocence Project figures. There have been 198 exonerations nationwide.

[Garcia Bronco]

That does suck...good for him...I hope Dallas has to pay.

[Spider]

Originally Posted by Garcia Bronco

I'd bet good money that you weigh more than I do.

I weigh around 180.

98 pounds of redneck fury right here
but seriously , the girl is ill , she is in the situation for a reason , if I am a cop , someone comes in like she did , yeah I am skeptical of her story , I get a court order to bring the accused in for DNA testing , test her , see where we go from there .......... you act as if she was a pillar of the community and called all the shots , she didnt , not even close , the ball was dropped from the get go , but spiraled out of control with Nifong hiding evidence .......

[Rohirrim]

I'm sure Sharpton and Jesse Jackson will be stepping forward any minute to offer their apologies....





...







...

[Spider]

Originally Posted by footstepsfrom#27

Fortunately the Duke kids at least had a favorable judicial system in North Carolina and good lawyers, unlike this guy:

http://www.chron.com/disp/story.mpl/front/4700645.html

http://news.yahoo.com/s/ap/20070409/...na_exoneration

Mistaken ID blamed for rape conviction

By ANABELLE GARAY, Associated Press Writer
Mon Apr 9, 6:44 PM ET

DALLAS - A case of mistaken identity was blamed for a Texas man's conviction in a 1982 rape, and on Monday a judge recommended he be exonerated based on new DNA evidence.

James Curtis Giles has spent nearly half of his life — including 10 years in prison and 14 years on the sex offender registry — trying to prove he was not one of three men implicated in the case.

"It's been humiliating every day, knowing that a sex offender was the scum of the earth," Giles said after the hearing Monday.

If the appeals court formally approves State District Judge Robert Francis' recommendation as expected, Giles, now 53, will become the 13th Dallas County man to be exonerated since 2001 with the help of DNA evidence.

It could take a few months for the appeals court to act on the judge's recommendation.

"I didn't have no idea that I would be found guilty ... but I knew that I wasn't going stop fighting," Giles said after the hearing.

About two dozen relatives packed into the courtroom and broke into applause after Giles spoke.

Then Giles, dressed in a blue suit and smiling, left the courtroom arm-in-arm with his wife, several relatives behind him. At least four other men who have been cleared through DNA in Dallas County also attended the hearing.

Both the Dallas County District Attorney's office and Giles' Innocence Project lawyer, Vanessa Potkin, told the court they had evidence showing Giles was innocent of the 1982 gang rape of a Dallas woman.

It turned out to be a case of mistaken identity, said Assistant Dallas County District Attorney Lisa Smith.

A man who pleaded guilty to the gang rape, Stanley Bryant, implicated two other men in the crime: a James Giles and a Michael Brown. DNA evidence linked Brown and Bryant to the crime, Smith and Potkin said. Brown was never tried and died in prison after being convicted of another gang rape.

Police eventually arrested James Curtis Giles, who lived 25 miles away and did not match the description of the attacker given by the rape victim, Potkin said. Giles was about 10 years older and had gold teeth.

Investigators ignored another man with a similar name: James Earl Giles. That Giles lived across the street from the victim and had previously been arrested with Brown on other charges, the attorneys said. He died in prison in 2000 while serving time for robbery and assault.

The victim recently acknowledged some doubt as to whether James Curtis Giles was among the rapists. One witness also recently identified the other man, James Earl Giles, in a photo lineup, Smith said.

The DNA evidence that linked Brown to the crime was one factor that helped convince the district attorney's office to investigate James Curtis Giles' claim of innocence, especially because of Brown's "overwhelming connection" to the other James Giles, Potkin said.

Giles, who is black, would be the 13th Dallas County man since 2001 exonerated by DNA evidence, the most of any county in the nation. It would be the third exoneration since District Attorney Craig Watkins took office on Jan. 1 pledging to free anyone wrongfully convicted.

Watkins, the state's first black district attorney, took over an office with a history of racial discrimination, including a staff manual for prosecutors that described how to keep minorities off juries.

Giles is married and lives in Lufkin with his wife, working for an accounting business, Potkin said.

He is scheduled to appear Tuesday at the state Capitol in Austin with Barry Scheck, the co-director of the Innocence Project, a New York-based legal center that specializes in overturning wrongful convictions. They are scheduled to speak at Senate hearings regarding three reform bills designed to reduce wrongful convictions in Texas, said Eric Ferrero, a spokesman for the Innocence Project.

Texas leads the nation with 27 DNA exonerations, one more than Illinois, according to Innocence Project figures. There have been 198 exonerations nationwide.

DNA is a wonderfull thing