The Perfect Storm

I wrote this awhile back and now am posting for intellectual honesty sake.

"The boys are talking? About how I lost it? Billy Tyne's lost it? Things get a little slow they're ready to draw and quarter you. I didn't think you would go along with them." Said by the original McDreamy, George Clooney.

Or put another way Mike Nifong(the Assistant District Attorney in the Duke case) pretty much created the perfect case study for prosecutorial misconduct. As a rule I try to refrain from commenting about the legal cases that make CourtTV for several reasons. One, I rarely know the actual facts of the case outside of whatever skewed version is being given to the press or the press is printing and without the facts it is kind of pointless to analyze any case. Two, if a case reaches the level of public scrutiny where the tabloids are commenting (Court TV is a tabloid) any further analysis is pointless because people already made up their mind. (No arguing with drunks or fools). Third, any member of the bar, unless proven otherwise, deserves a certain amount of professional respect from peers. (British Barrister have a tradition of not shaking hands upon meeting because it is assumed they already know each other, always liked this custom). Finally, do accountants talk about taxes away from work.

Then I read this, "He(Nifong) feels, as a result of the accusations against him, that he would be a distraction and he wants to make sure the accuser receives a fair trial," attorney David Freedman told The Associated Press. "He still believes in the case. He just believes his continued presence would hurt her." A person doesn't need a formal legal training, but only a passing grade in high school civics too understand the idiocy in this comment. Nifong wanted the accusser to recieve a fair trial. This is not the point of the criminal judicial system in this country. Instead, the accussed is innocent until proven guilty beyong a reasonable doubt by a jury of their peers. Granted this system is not perfect, but its our system and people have not found a better one..

Now the Duke case is more difficult to comment because it involves rape. Naturally any, well adjusted, male has qualms about commenting on a rape case because he automatically feels that if he came to the defense of the accussed he agrees with the act. So let's be clear on this if you are committed rape you should be hung from a yardarm.

The guy who played H in K2: I'll hang your boy from a fuckin' yardarm.
Kaffee: A yardarm? Sherby, does the Navy still hang people from yardarms?
Sherby: I don't think so, Danny.
Kaffee: Dave, Sherby doesn't think the Navy hangs people from yardarms anymore.
AND SCENE....

(Hold on are you advocating capital punishment, maybe but a discussion for another time).

Well in the case of rape they should. In this respect I agree with Robert Heinlein's rational anarchist characters who believe any laws not meant to protect women and children are pointless. Granted, a bit extreme, but clearly rape is a heinous act.

This all being said, this case had some irregularities from the begining. What stripper agrees to do a housecall without a bouncer/moneycollector. This never happens or so I am told, but come on we all remember old man EM's bachelor party. In addition, you have class and race issues involved so it makes it "sexy" in media parlance. Nifong saw a chance to get some votes given the election demographics and blabbed to the media and a number of young mens lives were stalled and possibly ruined.

Granted, the Duke players cases were not helped by the fact that they apparently acted as if life was one long rush week. The Duke players racked up an ungodly list of criminal acts and some of this could have been averted if someone got a swift kick in the ass from the beginning. What national champion, educated and privileged dumb-ass ever lets themselves get in this situation in the first place. Obviously, the players should have acted better from the beginning, but (and this not a boys will be boys excuse) the people involved are still relatively young.

In the end several young mens lives were ruined for a case that apparently will go no further and a great example of why defendants are innocent until proven guilty and why the fourth estate should not be the arbitrer of law.