TO PROTECT AND TO SERVE

TO PROTECT AND TO SERVE
by Timothy Rollins, Editor and Publisher

January 16, 2007

Durham North Carolina District Attorney Mike Nifong (AP) In a case of legendary incompetence and total malfeasance, we now have Durham North Carolina District Attorney Mike Nifong (right) with his head on the chopping block because he was trying to score points with the locals in what is but the latest chapter of the "Towns vs. Gowns" battle that to some extent has Durham under siege. It has become so bad at this point, that Nifong finally relented and asked the North Carolina Attorney General to remove him from the case, which, as expected, happened. Anyone with an IQ over 70 can expect the case to be dismissed entirely within ten days, if that.

Duke University's presence in town is undeniable. While enrollment at Duke is small compared to that of Ohio State, UCLA or even Brigham Young University, the school, through its accomplishments, has made itself an international force for good.

At this point, enter Mike Nifong, an incumbent District Attorney seeking re-election to another term. To that end, he engaged in a power play designed to keep his mug in front of the cameras, which it did, but for all the wrong reasons, as we now learn this case had problems from the get-go, and was headed for an implosion much like that of California v. Michael Jackson.

We all remember Santa Barbara (California) District Attorney Tom Sneddon for pooching the Michael Jackson case, in part because he had what had been the most unsympathetic victim known in recent history, namely Janet Arvizo…until this stripper and her ever-changing story came along. Do not get me wrong here; I believe that when a woman - any woman - including strippers and so-called 'working girls' say "NO!", and a man takes that as a "YES!" and has his way with her, it constitutes rape, regardless of whether she had five clients inside her within the last 48 hours or not. In the case where this 'victim' tagged the Duke University Lacrosse Team as her assailants, the DA forgot the cardinal rule in a criminal investigation: Keep Your Mouth Shut.

In shooting off his mouth, Nifong violated several rules of the code of ethics; as a result, the State Ethics Board has charged him with misconduct, the result of which could - and should - lead to his disbarment, as well as jail time for the egregious harm caused in what is becoming more and more a case of three college students whose good names were smeared by a 'professional victim' seeking 15 minutes of fame, and a DA seeking to make points with the 'towns' in order to serve another term in office.

In a nutshell, this 'pro-vic' lied through her teeth. She initially claimed she had not had sex in the 48 hours preceding the alleged rape. Lab tests confirmed that she had actively engaged in the Mattress Mambo with not one, but FIVE different men in those 48 hours, none of them team members. From there, she kept changing her story, with Nifong tailoring the charges to her 'statement of the day', with the most serious charges being dismissed outright after it was determined that the Lab and the DA's office colluded to withhold material evidence pointing to the innocence of the accused.

Now that the State AG has the case, which will require a reinvestigation of the matter, there will no withholding of exculpatory evidence such as crucial lab tests, and in a matter of days, the young men will be completely exonerated. However, that is not enough. Nifong must be disbarred and imprisoned, along with the 'pro-vic' who actively and maliciously sought to destroy the lives of the young men involved.

Through this incident, we see that the lynch mob mentality still is alive and well in America, as well as that of the double standard. As my colleague Wendy McElroy once said, that when it comes to rape cases, that either all the names should be out in the open or none of them, to include the names of the accused, as that is a scarlet letter that will stain them for the remainder of their lives, even if they are later found innocent.

Those accused of rape should be given every right of protection under the law afforded rape victims, to include a publication ban on the names of the major players, to be released only on the judge's written order, and then only after conviction of the charges in question.

Such an action will do wonders to remedy a serious inequity in the American judicial system. ***

A veteran freelance writer, Timothy Rollins brings a wealth of political experience dating back more than three decades, and military experience going back about the same. He is a freelance writer and policy analyst living in Wisconsin who has been featured on both television and radio. He has appeared both in online publications as well as in print newspapers such as the Milwaukee Journal Sentinel, USA TODAY, the Deseret News in Salt Lake City and the Daily Herald in Halifax, Nova Scotia. The views expressed here by Mr. Rollins are his own and do not represent the official views of any organization or entity with which he may otherwise be affiliated. As such, Mr. Rollins alone takes full responsibility for them. He can be reached by e-mail at rollins@american-partisan.com. ***

Photo of Timothy Rollins courtesy of staff files
Photo of Durham North Carolina District Attorney Mike Nifong courtesy of the Associated Press