My latest Slate piece...

Think the disbarment of Duke prosecutor will do any good? Think again.


Anonymous said...

A little obsessed with this prosecutor Josh Marquis, aren't you? Check out DurhaminWonderland and you'll see he hasn't exactly been a Nifong fan.

David Tarrell said...

Just yesterday I read a motion to terminate parental rights which alleged that my client "inflicted upon the juvenile... serious bodily injury." Yet the pros has told me many times that she doesn't believe my client caused these injuries. In fact, her boyfriend is in prison for causing them.

But the prosecutor here does believe my 22-year old client (whose tubes were tied last year) deserves to lose her parental rights for not getting the baby to the hospital quickly enough. So, believing that she's wearing a "white hat", the pros sees no problem alleging something she knows isn't true to go after someone she believes wears a "black hat."

She (1) thinks my client deserves to lose her kids and (2) knows she has to prove "serious bodily injury" to get there. So what's the problem?

There are, however, few moderating forces in her office and, like many in the Bush administration, many prosecutors tend to equate adherence to the rule of law with support for child abusers (or terrorists) when a child is hurt. The law is for people like you and me, not for people like Scooter and them.

I'll keep you posted on how it works out, but it's not looking so good. Yesterday I was told to "do the right thing" by withdrawing my speedy trial motion, even though the right was clearly violated and that they are not offering me anything other than termination of parental rights.

So, they truly believe I should "do the right thing" and withdraw an obviously meritorious motion to dismiss, even when doing so would be per se ineffective assistance.

Don't mean to vent on your blog, but I'm glad someone pointed out that Nifong is the scapegoat and that the practices will continue unabated. Some pigs are, after all, more equal than others.

scott huminski said...

Nifong is an angel compared to the felony conduct of the prosecutor described in the below Court brief.
-- scott huminski

Anonymous said...

Prosecuter Marquis is worse then Nifong, do some reading read up on him. " read the smoking gun" by Jerry Spence".