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Wednesday, July 01, 2009

The Iqbal Briefs: The Falsely Accused Players

(snip)

1.) The Most Craven Defendant

It appears as if disgraced ex-DA Mike Nifong has taken time away from writing poetry and singing in the church choir to write legal memoranda. Though the nine-paragraph brief filed on his behalf was signed by James Craven, its tone and content suggests that much of the drafting came from the disbarred Nifong himself.

The brief features the combination of poor lawyering, ill-concealed rage, and treacly self-pity for which Nifong became infamous during the case itself. The nine paragraphs include almost nothing in terms of plausible legal analysis. Instead, Nifong uses his filing to lash out at the three innocent people he tried to send to jail, and at their parents—even though his doing so runs the risk of alienating Judge Beaty.

(snip)

Footnotes in legal briefs normally reference additional case law, or explicate a minor point not significant enough for inclusion in the body of the text. Not so, however, for the Craven Nifong. Footnote 1 merely says, “Does it?” Even more stunningly, footnote two—which follows the word “innocent”—reads, en toto, “Were they?”

(snip)

The Craven Nifong also uses his experience as a formerly regular participant in local, state, and national media to reinvent himself as a media critic. “It must be remembered,” he sniffs, “that the complaint in this case, though utilized to begin the lawsuit, was hardly written for the Court alone. Rather it was clearly written for the New York Times, the Washington Post, Court TV, and of course the parents of the three plaintiffs.”

(snip)

”And perhaps the disgraced ex-DA has forgotten that throughout the case, the New York Times served as his de facto stenographer, even to the point of producing major articles riddled with factual errors that slanted the portrayal on his behalf. Why the “parents of the three plaintiffs” would expect fair, much less sympathetic, coverage from the Times the Craven Nifong never says.

(snip)

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