Surely you remember Mike Nifong. He’s the (former) Durham County North Carolina District Attorney who prosecuted the Duke lacrosse team rape case. What a fiasco that was. Nifong was ultimately disbarred and did jail time for his blatant misconduct as a prosecutor. See previous WCB post here.
Well, to quote a recent Washington Post article by Radley Balko, “… prosecutorial misconduct is rarely a one-off phenomenon.” And indeed, yet more egregious misconduct by Nifong has just been exposed as a result of the 1995 murder conviction of Darryl Howard being overturned for Nifong’s prosecutorial misconduct.
You can read Radley Balko’s Washington Post Story about it here.
(Thanks to Camille Tilley for passing this story along in a recent WCB comment.)
Phil, I will never forget DA Mike Nifong, and the Duke LaCross false allegation case, covered daily by K.C. Johnson. This would become the tip of the iceberg of exposing prosecutorial misconduct to the public. When Nifong’s trial was aired, it was more than coincidental, that our daughter, Courtney Bisbee was put in “lock-down”, so she wouldn’t be able to watch this high-profile trial. She was working on her PCR and the Duke/Nifong false allegation case and those driving it, sounded like her case. Just saying.
Add’l info: The Duke/Nifong opened the door to the dialog about new evidence and exculpatory evidence which came forward in Courtney’s case. Proof of innocence and a scam for money came forward in 2007. The local media covered her story about this.
In 2007, many supporters local and around the country contacted the Scottsdale Police Dept., who turned the new evidence, over to then Maricopa County Attorney Andrew Thomas (disbarred April 2012 for abuse of power, along with his “chief charging” prosecutor then DCA Lisa Aubuchon).
Courtney’s supporters, concerned citizens, also called the Maricopa County Attorney’s office and were directed to Mark Faull, chief deputy, only to be told not to call them again.
A supporter gave the new evidence to the Scottsdale Police chief along with a letter to investigate his department about Courtney’s case. He passed it on to MCAO Mark Faull/ Andrew Thomas, and didn’t investigate his office.
The Maricopa County Attorney (“minister of justice”) chose to sweep this under the rug.
People ask why the new evidence and exculpatory evidence has never been heard in an Arizona Court. And say, if this could happen to Courtney, it could happen to any one. What does this say about Arizona’s justice system? Meanwhile, over 40,700 supporters on Courtney’s change.org petition are watching to see how Arizona’s justice system works.
Also, following the Duke/Nifong case, the ABA would create the Model Rule to Amend ER 3.8 – Ethics responsibility of a prosecutor, which was covered in the local media featuring Courtney’s new evidence in 2007.
The Arizona Supreme Court would finally pass Rule No. R-11-0033 ER 3.8 (effective Jan. 2014), against the objections of the prosecutors; Maricopa County Attorney Montgomery, his chief deputy Mark Faull (who had been Andrew Thomas chief deputy) and state Attorney General Tom Horne — who all wrote to the Arizona Supreme Court judges, there are NO wrongful convictions in Arizona and NO Brady violations. Really?
Fast forward from 2007 Mike Nifong to 2014: AZ headline: “Registry records prosecutorial misconduct” | Arizona Republic Jan. 13, 2014
http://www.azcentral.com/news/articles/20140109prosecutorial-misconduct-registry.html
Corruption in Coer Dalene…. Judicial Misconduct, prosecutorial misconduct, Public Defender misconduct