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Re: “"Waltz" Prosecutor DiScenza Defends Press, Grand Jurors, and Feds

In my previous post, following the Thank You, I quoted portions of the article and followed with a COMMENT, identified as such. This comment board does not allow quotation marks, spacing between paragraphs or changing of the font into italics in the quotes.

Posted by kent on 02/24/2007 at 3:27 PM

Re: “"Waltz" Prosecutor DiScenza Defends Press, Grand Jurors, and Feds

Thanks for the article and thank you Mr. Taylor! DiScenza said that based on what he has heard, Nifong "violated every prohibition we have about disclosure of evidence" and would probably have been fired by now if he were a federal prosecutor. But he said the rules for state prosecutors in North Carolina may be different than the federal rules. And he praised the role of journalists and noted that the print news business has aggressively been policing its own on such charges as plagiarism. Comment - I see he avoids mentioning that Mike Nifong should be prosecuted. "The rules for state prosecutors in North Carolina" are more stringent than the federal rules, as NC has Open Discovery, meaning ALL eveidence is to be included in the Discovery turned over by their prosecutors that is not work product. In addition to Nifong withholding exculpatory evidence, it is not certain yet if he also withheld evidence he classified as work product that should have also been handed over to the defense. He and Weirich also took issue with Taylor's claim that prosecutors are political creatures and blind to the other side and that grand jurors are mere rubberstamps for prosecutors. "Just wanting to win a case is not the prevailing view in this office," said Weirich, who has been with the DA's office since 1991. She said the office has a responsibility to see that cases are "tried cleanly or disposed of fairly." Comment - That qualifier, "the prevailing view", resembles legal gobbledegoop that is added for CYA, the same as was used in various statements that Mr. Nifong is presently facing charges for at the NC State Bar. Both of their bosses are politically active. Do all prosecutors sound alike? DiScenza said that when a case goes to a federal grand jury... the prosecutor must have personal certainty of the defendant’s guilt and "believe that a conviction is what justice demands." Comment - It's the same for all prosecutors. I hope to see any and all prosecutors that should be defending their actions forced to do such. I have a very limited amount of faith in our judicial system today.

Posted by kent on 02/24/2007 at 3:22 PM


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