Monday, March 26, 2007

Good for Obama

Obama: Investigate Duke Lacrosse DA Nifong

By LARA SETRAKIAN
ABC News Law & Justice Unit

March 25, 2007 — Another voice has joined the call for
a federal investigation into the handling of the Duke Lacrosse
case — this one with the punch of presidential politics.

Sen. Barack Obama, D-Ill., in a written response to a constituent,
said that an "independent inquiry is needed" into the conduct of
Durham District Attorney Mike Nifong.

Nifong prosecuted and led the investigation into the alleged
sexual assault of an exotic dancer at a lacrosse team party
in March 2006.

Obama cited the fact that Rep. Walter Jones, R-N.C., has
already asked Attorney General Alberto Gonzales for a
federal investigation into Nifong's conduct. ABC News has
learned that similar requests have been made by Rep.
Trent Franks, R-Ariz., and Rep. Tom Feeney, R-Fla.

According to Obama's letter, Jones asked Gonzales to
"review new evidence that Mr. Nifong withheld exculpatory
DNA results from the defendants in order to determine
if his conduct has illegally denied the students their civil
rights as U.S. citizens under federal law."

Obama said of the call for a federal investigation that he
"will be following its progress closely."

When approached by ABC News, Nifong attorney David
Freedman seemed unconcerned by Obama's stance and
said there is no need for a federal inquiry.

"The state bar is conducting a very thorough investigation
into all aspects of Mr. Nifong's handling of the case," Freedman
told ABC News. "It's appropriate for this to be dealt with by
a North Carolina agency, not by someone from another state.
I do not see the need for any other agency becoming involved
at this point."

Defense attorneys for the Duke Lacrosse players say Nifong
withheld and lied about key evidence in the case — specifically,
evidence that DNA from four to nine unidentified men was
found on the accuser's body and clothing.

No DNA from the accuser's rape kit was found to match
samples provided from 46 members of the lacrosse team.

The North Carolina Bar filed a complaint against Nifong for
violating the rules of professional conduct by allegedly
withholding evidence, lying to a sitting judge and to bar
investigators, and making inappropriate comments
about the case in press interviews.

Continued

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