Justice4Jack and Mr. Nifong

Ms. Fleming, I am not familiar with your brother's case, but it seems as though there is some uncertainty as to the exact nature of the reason for his passing. Although I do not know the circumstances surrounding his untimely and unfortunate passing, I am certain of two things: 1) you dearly loved him, and 2) you are in a great deal of pain because of your loss. I am concerned about you and your well being, and suggest that you consider joining a victim's support group, or maybe even starting up one of your own. That would be a good, positive way to channel your grief, I believe.

Regardless, your brother's tragedy and the injustice to former D. A. Mike Nifong are in no way related, except for their connection to the city of Durham. Unfortunately, by its very nature, Mr. Nifong, as a state prosecutor in our system of justice, is saddled with the responsibility of trying to deprive individuals of their freedom. That is the responsibility of all prosecutors. However, they are supposed to act as "ministers of justice" and place justice before winning. This is what Mr. Nifong did in the Duke Lacrosse Case. A victim alleged that she was assaulted, and she identified three individuals with a high degree of certainty (80-100%). Maybe some prosecutors would have taken the class and color of the victim and suspects into consideration before deciding whether or not to act, but Mr. Nifong, to his credit, did not.

In most sexual assault cases (I believe, as I'm no expert), suspects are identified by the victim, and it is the basis for charges being leveled and the case prosecuted. Take the Dwayne Dail case for example. A twelve year old victim identified him as her assailant. Mr. Dail was not connected to the crime forensically, but on testimony of the young victim alone was convicted. He served eighteen years wrongfully incarcerated before DNA evidence proved him innocent, and the real perpetrator of the crime was identified and apprehended. Now, the prosecutors who put Mr. Dail behind bars are not publicly reviled. They were not brought before the State Bar. They were not disbarred. They were not fired from their jobs. They were not sentenced to serve time in jail. The attorney general did not ask the U.S. Department of Justice to investigate them for depriving Mr. Dail of his civil rights. Mr. Dail did not file a civil lawsuit against the prosecutors. The names of the prosecutors are even unknown to almost all North Carolinians (I do not even know the names of his prosecutors).

Plain and simply, Mr. Nifong has been unjustly prosecuted and persecuted by the state of North Carolina solely because he brought charges against Duke Lacrosse defendants who came from families of wealth, status, and privilege.

There are problems with the criminal and justice systems. But your anger, Ms. Fleming, against those associated with your brother's death, is misplaced when you direct it toward Mr. Nifong. He is the true victim in the Duke Lacrosse Case.