Well.. the old saying "what goes around comes around" seems to fit in here, as the North Carolina Bar Association is going after the prosecutor for some ethical and professional misconduct regarding the case.
see CNN link
http://www.cnn.com/2006/LAW/12/29/duke.lawyer.ap/index.html
Saturday, December 30, 2006
Saturday, December 16, 2006
The Duke Case
This case from the start looked to be a jumble of contradictions, as always - someone is always lying. Recent test results made public, as to the lack of DNA evidence in the case raises some troubling issues. All Law Enforcement professionals, (the District Attorney included) are expected to know the legal guidelines that they must operate under, and the Federal and State Case Law which guides them in safeguarding the rights of the accused.
Two areas which have been ruled upon, and are well know to professionals are those that relate to pre trial Identification (the line-up) and the release of exculpatory information to the defendants, by the prosecutor. These are basic, simple concepts. Now it appears that the prosecutor in the Duke case has made fundamental errors in both these areas which will not only end this case in favor of the defendants, but will raise the issue that perhaps these defendants are being victimized by incompetent District Attorney. Local politicians have asked the U.S. Attorney General to look into the bumbling of the prosecutor. A more likely end result will be a rights violation case brought by the defendants after this case falls apart. The North Carolina Attorney General should replace the District Attorney on this case to preserve what’s left of this case, and the rights of all involved - potential victim, and defendants as well.
Two areas which have been ruled upon, and are well know to professionals are those that relate to pre trial Identification (the line-up) and the release of exculpatory information to the defendants, by the prosecutor. These are basic, simple concepts. Now it appears that the prosecutor in the Duke case has made fundamental errors in both these areas which will not only end this case in favor of the defendants, but will raise the issue that perhaps these defendants are being victimized by incompetent District Attorney. Local politicians have asked the U.S. Attorney General to look into the bumbling of the prosecutor. A more likely end result will be a rights violation case brought by the defendants after this case falls apart. The North Carolina Attorney General should replace the District Attorney on this case to preserve what’s left of this case, and the rights of all involved - potential victim, and defendants as well.
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