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Monday, April 16, 2007
La Shawn Barber :: Townhall.com Columnist
Every One His Due
by La Shawn Barber
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“Justice is the constant and perpetual wish to render to every one his due.” – Justinian I, Roman Emperor of Byzantium

It was like an episode of “Law & Order.”

Three, drunken, rowdy, privileged, elitist, indulged, slur-slinging lacrosse-playing white men accused of beating, strangling, raping (vaginally and orally), and sodomizing a poor, oppressed black woman forced to take off her clothes for strange men in order to feed her children, while the lacrosse team erected a “blue wall of silence,” barricading themselves within the old-boy protection of the moneyed white male patriarchy – no writer could have penned a more gripping drama.

As every “Law & Order” episode ends with a twist, so has the Duke “rape” case. The real story wasn’t the heinous allegations. It was the district attorney’s unbelievably blatant political motivations for bringing charges against the men in the face of zero evidence.

It was a university’s rush to condemn the students in an attempt to prop up its Marxist, race-obsessed, radical feminist, and politically correct platform despite its obligation as a collective of administrators, teachers, and mentors to treat all students fairly.

It was national media’s frenzied, man-bites-dog, blood-in-the-water coverage of a story so laughably phony that even a blind man could see the farce 100 miles away.

At the end of hour-long crime dramas, loose ends are tied and justice prevails most of the time. In real life, there are no guarantees. Fortunately, Reade Seligmann, Collin Finnerty, and David Evans, the former lacrosse players indicted for forcible rape, sexual offense, and kidnapping, are free men. North Carolina Attorney General Roy Cooper, who took over the case after Durham County District Attorney Mike Nifong was charged with ethics violations, declared them “innocent” and emphatically stated that no DNA, no witness statements, nor the accuser’s own words supported the rape claim.

“[T]he inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred in that house that night,” Cooper said, adding that rogue prosecutor Nifong, “with the weight of the state behind him,” barreled ahead with a weak case.

Likewise, Nifong’s apology was just as weak: “To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused.”

The men are exonerated. But every vacuous Duke professor who jumped on the white-boy-hunt bandwagon, every race hustler who competed for headlines and profit, every feminist who banged a pot or keyboard in protest, every black person who still believes “something” happened in that house that night, and every fool who thinks the men should be punished anyway to make up for injustices against blacks, remains indicted for failing to remember that justice denied for one is justice denied for all.

Justice must pay a special visit to Nifong. At the very least, he should lose his job as district attorney. At most, he should lose his license to practice law. Last week, a North Carolina State Bar panel denied his request to drop the most serious charge filed against him – that he withheld exculpatory DNA evidence from the defense. Things are looking bad for Nifong, but they’re looking good for justice.

It is my wish that every man and woman who took to the airwaves, print and online media, and college campus podiums to castigate Seligmann, Finnerty, and Evans for the basest of reasons – pettiness, jealousy, envy, and hatred – is rendered his or her due.

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About The Author
Freelance writer La Shawn Barber blogs at the American Civil Rights Institute blog.
OBQuiet
I can't say that the story of the game show lawyer (are we sure the person was a lawyer?) does much to convince me that Mike Nifong had clouded judgment. That he has prosecuted more than 300 hundred felony jury trials and has been with the DA's office real close to 30 years does more to convince me that he understood exactly what he was doing. Turns out he was appointed not elected, my apologies, I thought DA's were elected. Inexperience just doesn't appear to apply here. The rape was supposed to have occurred in March 2006 plenty of time to get a high profile case like this right. Maybe North Carolina should look into those 300 cases again. What follows is available all over the web via Google.

"He attended the University of North Carolina at Chapel Hill on a Herbert W. Jackson scholarship, graduating Phi Beta Kappa with an A.B. degree in Political Science in 1971. Upon graduation from the UNC School of Law and admission to the North Carolina Bar in 1978, Nifong sought a position as an Assistant District Attorney on the theory that it would be the best ticket to what he foresaw as a career in litigation. Initially unable to find such a job within the geographic confines of his search area, he volunteered to serve as an unpaid attorney with the District Attorney's Office in Durham beginning in October 1978. That choice proved to be fortuitous, as District Attorney Dan K. Edwards, Jr., quickly secured funds to pay him on a full-time per diem basis.

When a vacancy finally occurred in a permanent ADA slot in Durham in April, 1979, it was offered to Nifong. He has been there ever since. By June of 1979, he had worked his way up to Superior Court, where he amassed a record of more than three hundred felony jury trials (nearly a quarter of which involved homicides) over the next two decades. In the years since 1999, he has experienced a decrease in courtroom involvement and a corresponding increase in administrative responsibilities and policy development.

In the course of his career as a prosecutor, Nifong has worked for three different District Attorneys, serving as Chief Assistant under both Ronald L. Stephens and James E. Hardin, Jr., both of whom now serve as Superior Court Judges. He was appointed District Attorney for Durham by Governor Mike Easley on April 18, 2005, and was sworn into that position on April 27, 2005.

He was new at the job
I Love Texas,

I could be wrong but I do not think Nifong had ever been elected to an office prior to this case. I had thought that he was an Assistant DA who was appointed by the Governor to the DA role to fill a vacancy less than a year before the Duke case broke.

As for going to law school and passing the Bar. I was channel surfing a few weeks ago and saw a Lawyer on one of those Prime Time game shows(1 vs 100?) who couldn't get past the first three 'gimme' questions. Even with help, she didn't know whether there were more red or white stripes on the US flag.
http://cobb.typepad.com/cobb/2007/03/dolt_of_the_day.html

She had also needed help to figure out that a bruise is a contusion not a convulsion.
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