In light of the recent developments in the Duke Rape Case, I decided to write this post. While it is not my intention to speculate a verdict of Guilty or Not Guilty for these Defendants. My interest is within the attention District Attorney Mike Nifong has received regarding possible Malicious Prosecution. It is not my intention to argue Guilt or Innocence for Nifong. It is the Malicious Prosecution in general that is of interest to me.
Malicious Prosecution and Misconduct from Police Officers happen more than people think. While there is a difference between the two; there are many similarities between the two.
For example, during the trial of a friend of mine; While the Jury was deliberating a verdict. They requested to see my friend’s laptop; which was confiscated as evidence during the arrest. When the Judge was presented with this request he denied the request despite the objection from the District Attorney. Before taking a recess the District Attorney was instructed once again that he was not to let the Jurors in this case have access to the laptop.
It later turns out that the District Attorney did indeed take the laptop to the Jurors Room. He had not only allowed them access to the laptop but, gave them assistance in turning it on along with pointing out were to find ‘…The Good Stuff…’
It was no surprise they came back with a verdict of Guilty, considering the very helpful District Attorney the Represent for the State was given a chance to charm this unbiased Jury of Peers.
This is just one of the many examples of Malicious Prosecution from the District Attorney but, there are several examples of Malicious Prosecution from the Judge who Presiding Judge as well. Being there was a co-defendant in the case who had written a letter that exonerated my friend from any direct knowledge that a crime had been committed; He would not accept the letter since there was a Similar Transaction from another Case (pending Trial) which my friend was a Defendant of as well. I can only assume another reason for rejecting the letter; During the illegal search of the vehicle (which was being operated by my friend) additional contraband was discovered by Police Officers.
Rejecting this letter would have separated the Defendants from Trial together. Doing this would have added another case to His Honor’s already busy Calendar along wreaking the legality of the Arrest and as this case would have, then Search which lead to having already been Arrested by Police Officers. (This doesn’t make sense, I know. Which made me wonder if this was a Court of Law or a Puppet Show.)
Another example of Judicial Misconduct which I witnessed was during a Supplemental Hearing the Trial Judge was alerted about a fictitious name given to Police Officers by the other Defendant (not my friend) which was meant to allude Police finding Warrants from another state which not only included a violation of probation but, Grand Theft Auto, Attempted Assault w/ Deadly Weapon, as well. After this was brought to the attention of the Court it wasn’t mentioned again, things continued as they were Defendants name never changed. To this day it is still listed as the fictitious name which was given.
I know for a fact there was knowledge of the Trial Judge about the fictitious name being used because; During the same Supplemental Hearing Defense Attorneys for my friend had objections about the Jury being able to hear about the pending charges against him however, the Criminal Record the other Defendant already had which included a violation of his release was not allowed to be heard.
The last time I checked; We are Innocent until proven Guilty? Or did I just hear that somewhere? I can see where someone might question the validity of the other Defendant’s Criminal Record being heard at Trial. His prior charges included Manufacturing a Controlled Substance. This particular case was a Trafficking case so, the fact the Judge didn’t allow the Criminal Record confirms that he was aware of the fictitious name being used. In a similar vein, it also proves that he had some sort of prejudice against my friend along with proving he had every intent to secure a conviction. Something was going to have to make his campaign look good next term, right? We might think he wasn’t doing his job otherwise.
This is one case of many where Police Misconduct, Malicious Prosecution, and Judicial Misconduct will occur. It is sad to think that the only real chance at getting Justice is from an Appeals Court and even then the Lower Court’s Decision might be upheld. That is a long time to sit in jail; waiting for a chance that someone might see the Civil Rights which were violated and overturn the Decision.
I will have the second part of this in a few days. Your comments are welcomed.
