Tuesday, August 18, 2009

Selective Justice vs. “Two wrongs”

After recent comments on our blog from Charles, which have been similar to arguments made by other detractors of Mike Nifong for some time, it has become apparent that I need to clarify some very important issues regarding previous statements.

First, when I state that “Mr. Nifong is the only prosecutor to be disbarred by the North Carolina State Bar since its inception in 1933 while other prosecutors who have been guilty of prosecutorial misconduct far more egregious than that which Mr. Nifong has been accused and they have not been disbarred or seriously disciplined”… this is a statement to express the selectivity of the treatment Mr. Nifong received in comparison with other prosecutors. Justice should be delivered equally, and not selectively, as it was in Mr. Nifong’s case with his handling of the Duke Lacrosse case. Mr. Nifong should not be held to a higher standard of practice while other prosecutors are held to lower standards.

Second, when I make the statement in the previous paragraph, I am in no way conceding that Mr. Nifong’s handling of the Duke Lacrosse case was below acceptable standards of practice for prosecutors in the state. I have seen no evidence that Mr. Nifong has done anything dishonorable, disreputable, unprofessional, or wrong with his prosecution of the Duke Lacrosse case. Mike Nifong has a 27 year history of being a prosecutor, and his reputation and service to the state of North Carolina has been sterling.

Third, there has been a lot of talk about how in the Duke Lacrosse case Mr. Nifong has tried to put three innocent young men in jail. First, just because North Carolina Attorney General Roy Cooper proclaims that they are “innocent” does not mean that they are innocent. Acting as a special prosecutor, the attorney general was out of line in making such a statement. Taking over the prosecution of the Duke Lacrosse case as special prosecutor, it was his job to review the evidence and proceed with the prosecution if he felt that the evidence supported an outcome of guilty. If he felt the case was too weak to be successfully prosecuted, he had the duty to do as all of the other prosecutors in the state and throughout the country have done in the past when faced with a case that had low probability of success… dismiss it. He had no mandate to make a judgment about the Duke Lacrosse defendants, and for him to do so was outrageous, reckless, irresponsible, and unheard of. The second issue regards Mr. Nifong’s mandate. In our system of criminal justice it is mandatory that the prosecutor fight to take away the freedom of the defendant, just as it is the mandate of the defense attorney to preserve it for the defendant. When a prosecutor attempts to take away the freedom of a defendant who is from wealth, privilege and status, it is much easier for the media and public to be up in arms than when the defendant is poor, disenfranchised, and of color. That said, I also aver that there is no evidence to support the claim that throughout his long and stellar career Mr. Nifong has not acted as a minister of justice.

To summarize the position of the Committee of Justice for Mike Nifong:
1) Mr. Nifong was selectively disbarred while other prosecutors who have conducted themselves far more egregiously have not been;
2) Mr. Nifong was selectively presecuted by the state, and the North Carolina State Bar – subjected to treatment that no other prosecutor has undergone, including a jail sentence;
3) The “two wrongs (prosecutorial misconduct)” analogy is not analogous with the State Bar’s selective disbarment of Mr. Nifong because in his prosecution of the Duke Lacrosse case Mr. Nifong did not commit any wrong;
4) The Duke Lacrosse defendants are not “innocent” even though Attorney General Roy Cooper says they are. Such a proclamation was reckless, wrong, and out of line;
5) As a prosecutor in our system of criminal justice, it was the job of Mr. Nifong to try and take away the freedom of defendant(s) he was charged to prosecute; and
6) There is no evidence to suggest that throughout his career Mr. Nifong has not acted as a minister of justice.

11 comments:

Justice4Jack said...

BULLOCKS!

Better yet, follow my BROTHER'S case! KC, you are such a HYPOCRITE!

I was BANNED from Lieblobbers, because I posted about the conspiracy to deny my brother's MURDER, yet, the "board" has/still continues to beat the "LAX Dead Horse" into dust!

You are equally as racist, and "class-ist!" Your "followers" are predominately white, college educated, and wealthy.

Had this case not involved both black, and white "Players" you could have cared less!

Be HONEST! You are NO better than the misguided folks here! You ALL are USING this case to "FURTHER YOUR OWN AGENDAS!"

I am here BECAUSE Nifong and crew were the FIRST to conceal Jack's MURDER as a SUICIDE, and as God is my witness, he and the state of NC are NOT going to get away with what they have done!

The LAX farce is peanuts! Nifong, and Durham have MUCH more to be held accountable for, and my GOAL is to have a FEDERAL INVESTIGATION! PERIOD!

I personally could care less what will happen to their souls, but I DO care about my brother's DIGNITY!

NOTHING will bring him back, NOTHING compares to the HORRORS of what was done to him, and I stand firm by my statements I have made!

I am not the one who killed my brother, then lied to cover it up, but his wife has, and so has the state of NC!

I have submitted the documents that has taken me 4 years to pry from their dirty fingers to EXPERTS, both in forensics, and in criminology, and as soon as the results are in, you WILL be seeing me before the mass media and in the courts!

WE are not "HERE" for money! WE are here for JUSTICE for an innocent, respectable, dedicated, and law abiding man who, did NOT live and die for naught!

Just as Jack touched so many in his life, so has his death, and I will spend my future dedicated to the cause of ENSURING PROSECUTIONS, EXPOSING CORRUPTION, CHANGING LAWS, AND SAVING LIVES!

My goals are from my HEART, yours are from your WALLETS! If you want to know the TRUTH, then READ MY MYSPACE! Or, go to the courthouse and look for yourself!

But, I seriously doubt you will, MURDERS does not interest YOUR agenda!

Rhonda Fleming
Cleveland, Ohio
Justice4Jack
Sister of Allen Jackson Croft Jr.
Murdered May 11, 2005 in Durham
Justice4All2005@yahoo.com
www.myspace.com/Sinnderrella

Justice4Jack said...

EDIT:

Unless the MURDERS are done by BLACK people to WHITE people!

You truly DISGUST me!

Justice4Jack said...

Also for anybody who wonders about my default photo, this is the exact location on the American Tobacco Trail where Jack was dumped!

WHY was there NO mention in the news?! WHY have THEY continued to IGNORE us?! WHY ALL OF THE LIES?!

Let ME tell YOU WHY!

CONSPIRACY IS A DEATH PENALTY SENTENCE, AND MY ULTIMATE GOAL FOR ALL OF THE PEOPLE INVOLVED IN THE COVER-UP!

AND THE LIST IS LONG!

Justice4Jack said...

I would like to end this week by saying how silence speaks louder than words, and also surmounts to guilt as far as I am concerned!

I will NEVER apologize for my PASSION to as I have said so many times, EXPOSE THE CORRUPTION AND HAVE A FEDERAL INVESTIGATION!

AND, to remember that the crimes that have been committed ARE indeed "CRIMES AGAINST HUMANITY & ARE CONSPIRATORIAL!"

The allegations I am making are EXTREMELY SERIOUS ONES, and I am FULLY aware of the "MEETINGS" that have/still are being held by those I am accusing, and again say from my heart, if what I have said is a lie, then SUE ME!

I am NOT here to play games, but to WRESTLE the DEVIL! I have laid my cards, and "THEY" REFUSE to show theirs!

Ask yourselves WHY?! Ponder all I have been saying, try to let it sink into ALL of your BRAINS! The LAX "farce," was a tool, and a smokescreen!

Look BEHIND the curtain! There are so many of you out here who love to do research, well then, try to learn the TRUTHS!

NO, Nifong was not ALONE, and the GUILTY parties WILL be EXPOSED, and PROSECUTED! Whether OUR country wants to take this SERIOUSLY, there ARE other COURTS that WILL!

And I am NOT going to "GO AWAY, OR COMMIT SUICIDE!" I stand by our Lord, put ALL of my FAITH and TRUST into him, and KNOW that as long as I do MY part, he WILL do HIS!

I have on my FULL ARMOR, and am READY FOR BATTLE! And, time WILL be EXTREMELY telling, and is coming SOON, ENOUGH IS ENOUGH!

Rhonda Fleming
Cleveland, Ohio
Justice4Jack
Sister of Allen Jackson Croft Jr.
Murdered May 11, 2005 in Durham
Justice4All2005@yahoo.com
www.myspace.com/Sinnderrella

Patriot said...

In another comment section Miss Fleming also claims that her next step is to go before one of the European Courts. That's very ambitious for a person who is begging for money to make copies of her epistles, and is unclear on the difference between "Bullocks" (a castrated bull) and "Bollocks" (a rather vulgar British expression of contempt).


Maybe the purpose of this blog would be better served by trying to focus a little more closely on the topic of Mr. Nifong's unfortunate predicament?

Justice4Jack said...

So I spelled a word wrong, just shows I do not use spell check! And I posted about raising the funds to SHOW how SERIOUS this case is, AND, I have raised it, and as I said, is now in the hands of "EXPERTS!"

And as for Nifong's predicament, that is putting it ever so lightly!

He railroaded innocent people, he side tracked "other" cases, and did nothing during his tenure as DA that could be deemed as "JUST!"

And, PLEASE do keep following my "epistles," the shi* has yet to hit the fan, and when it DOES, it will make more than headlines, and WILL expose just HOW deep the CORRUPTION reaches!

Buckle up babies, it is going to be a VERY bumpy ride, and YES we ARE considering the European Courts! It is more than evident OUR country does NOT care, but these are HUMAN RIGHTS ISSUES, AND CONSPIRATORIAL!

So, Durham IS guilty as sin, Nifong IS guilty of MORE crimes in office, and I will say again that we have EVERY intention to take this as far as possible, to the moon if necessary!

My GOAL is to obtain JUSTICE, and if that requires BEGGING, then I shall! I promised God, our mother, and Jack to BEVER quit, and THAT is a promise I intend to keep!

Somebody has to make a difference and say enough, and we are leaving no stones unturned, and there will be no rocks for them to hide under!

It is just a matter of time! So, stay tuned, the best is yet to come!

Rhonda Fleming
Cleveland, Ohio
Justice4Jack
Sister of Allen Jackson Croft Jr.
Murdered May 11, 2005 in Durham
Justice4All2005@yahoo.com
www.myspace.com/Sinnderrella

Justice4Jack said...

EDIT:
My GOAL is to obtain JUSTICE, and if that requires BEGGING, then I shall! I promised God, our mother, and Jack to (BEVER)quit, and THAT is a promise I intend to keep!


*NEVER QUIT!

Walt said...

"To summarize the position of the Committee of Justice for Mike Nifong:
1) Mr. Nifong was selectively disbarred while other prosecutors who have conducted themselves far more egregiously have not been;"


By this reasoning, because we don't catch every murderer, we cannot prosecute the ones we do catch. Sorry that's not the way it works.

"2) Mr. Nifong was selectively presecuted by the state, and the North Carolina State Bar – subjected to treatment that no other prosecutor has undergone, including a jail sentence;"

Confusion reigns supreme in the Nifong defense camp. Disbarment is a different penalty imposed by a different agency than his jail sentence. A sentence he richly deserved even if it was not long enough to effectively rehabilitate him.

"3) ... in his prosecution of the Duke Lacrosse case Mr. Nifong did not commit any wrong;"

Oh, but he did. First, Nifong subverted the judicial system so as to win an election. In the United States, we don't ever approve of that. Remember the notion of Equal Justice for All?

Second, Nifong instructed the DPD to conduct a lineup that violated DPD General Orders.

Third, Nifong withheld exculpatory evidence from the defense.

Fourth, Nifong continued a prosecution long after it became obvious that he had no evidence and no probable cause against the named defendants.

Fifth, he lied to opposing counsel and the court.

"4) The Duke Lacrosse defendants are not “innocent” ...."

Even though Nifong was far from the best prepared attorney involved in the case, he did admit that the lacrosse defendants did nothing wrong. He admitted that, not once but twice. In fact, there is no evidence to substantiate any of the accusers stories and considerable evidence that directly contradicts the multitude of stories.

"5) As a prosecutor in our system of criminal justice, it was the job of Mr. Nifong to try and take away the freedom of defendant(s) he was charged to prosecute;"

Nothing could be farther from the truth. That is not the obligation of the prosecutor, and if you would simply read the rules of professional conduct you would not make the same mistake again.

"6) There is no evidence to suggest that throughout his career Mr. Nifong has not acted as a minister of justice." See above. If Rhonda Fleming's diatribes have any validity, then it appears that Nifong was a serial violator.

Patriot said...

Walt, what exactly was the law with regard to lineups and discovery at the time all of this happened? I know that there have been some changes as far as lineups, but I don't know much about what was, and is, open to discovery. I would guess that there's a requirement to turn over anything exculpatory, but who determines what is or isn't exculpatory?

Justice4Jack said...

The gingerbread man silly!

Justice4Jack said...

My "DIATRIBES" are not falling on deaf ears! I am not the one who is a LIAR, there are enough people out here that I have publicly accused of CONSPIRACY to have sued me for slander, WHICH I have even invited them to do so!

Why have they remained silent?! BECAUSE THEY KNOW THEY ARE GUILTY!

Trust me when I say heads in Washington are rolling over "What To Do!"

The Department Of Justice IS going to have a FEDERAL INVESTIGATION! I am calling out the Durham DA's Office, Durham Police, Durham Sheriff's Dept, the NC SBI, the office of NC OCME, Governor Easley, Nifong, and a VERY long list of those involved in the CONSPIRACY TO CONCEAL A MURDER AS A SUICIDE, AND THE STEALING OF JACK'S BODY PARTS!

WHOSE names did Deputy Mike Owens admit to "MURDERING FOR HIRE?!" WHOSE BODIES were found in Philip Guyett's FREEZERS?!

WHY have they not ARRESTED my brother's MURDERING WIFE, June Tuning-Croft for the FRAUD against his estate?! The courts have his prenuptial agreement, and the FRAUDULENT documents she submitted to them, and she is GUILTY on MULTIPLE COUNTS, and they have looked away, WHY?!

This is NOT a matter for us to hire a lawyer, the CRIME has been committed, and is up to the STATE to PROSECUTE!

The "FRENZY" that went on over the LAX Stooges is NOTHING compared to crimes committed by "OFFICIALS" that DO fall under the RICO Statutes!

And, as I have said so many times, that we have EVERY intention of going to TRIAL! There will be NO "SETTLEMENTS!"

I am FIGHTING for the TRUTH for my BROTHER! This is NOT about MONEY to SILENCE ME!

Jack is NOT the only one to be MURDERED this way, and I will keep up my "RANTS" until I see them lined up in COURT!

And, NOT a Durham Court! Personally I would prefer the European World Courts, because the CORRUPTION involves a VILE "Judicial System" that is FULLY aware of the GLOBAL link of our own "OFFICIALS, LAW ENFORCEMENT, AND ORGANIZED CRIME," that are involved in SEX AND ORGAN TRAFFICKING, MURDERS FOR HIRE, DRUGS, YOU NAME IT!

BILLIONS of dollars to fuel our ECONOMY! The USA does NOT exist by "HONEST" dollars paid by taxpayers, but by "BEHIND THE CURTAINS" wheeling and dealing, and not just by "DRUG LORDS" but by OUR ELECTED OFFICIALS, LAW ENFORCEMENT, AND MILITARY!

Our "TROOPS" are not just in Afghanistan fighting the "TALIBAN"
If they were, then WHY is our country FLOODED with HEROIN?! WHY does OUR country want to shove DRUGS down our throats, and children?!

This NATION has shown me so many abuses, and I have NO faith in our Constitution, or our Government to "DO THE RIGHT THING!"

But they ARE going to do SOMETHING, because I am NOT going away until they DO!

Rhonda Fleming
Justice4Jack
Sister Of Allen Jackson Croft Jr.
Murdered in Durham May 11, 2005
Justice4All2005@yahoo.com
www.myspace.com/Sinnderrella