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 11 
 on: February 26, 2009, 04:38:04 PM 
Started by Sydney Carton - Last post by Sydney Carton
 from Bill Andersoon:
    Man says bogus conviction leaves him without wife, job

updated 12:13 p.m. EST, Wed February 25, 2009
By Eliott C. McLaughlin
CNN
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(CNN) -- Tim Masters squarely blames Fort Collins, Colorado, police and prosecutors for his inability to land gainful employment and for his not having a wife and kids at this stage in his life.

In 1987, Masters became the prime suspect in the slaying of Peggy Hettrick, a 37-year-old found in a field near his house. Among the reasons police said they focused on Masters was that he failed to report the body after he found it and his childhood drawings and stories suggested he was fixated on death.

Masters was convicted of murder in 1999, but a judge last year threw out the conviction and released him from prison, citing new evidence that did not implicate Masters. Masters now has a lawsuit pending against several police officers, ex-prosecutors and the city.

The city of Fort Collins has asked a federal judge to dismiss the case.

Now 37, Masters sat down for a phone interview with a CNN reporter who covered his case and subsequent release. He said he still holds a grudge against the police and prosecutors who put him behind bars.

He's living in Greeley, Colorado, and doesn't get back to Fort Collins much, but he does love traveling. Most notably, he's traveled to Amsterdam, Netherlands, to appear on a talk show with Richard and Selma Eikelenboom, the Dutch forensic scientists who discovered the DNA evidence that ultimately freed Masters.

Things can be tough sometimes, but anything is better than prison, Masters said of his first year as a free man since being imprisoned.

CNN: How have things been in the year since your release?

Masters: It's a struggle to earn enough money to pay my bills and everything, make a living. Other than that, life is good.

CNN: Do you have a job?

Masters: I buy stuff at auction and I sell it on eBay.

CNN: Do you have trouble finding a job because of your time in jail?

Masters: Yeah, I think that has a lot to do with it. The first thing that comes up on a background check is "charges dismissed -- first-degree murder."

CNN: How else have you been keeping yourself busy?

Masters: Pretty much work. That's it.

CNN: Describe a typical day.

Masters: The big challenge is, first of all, you've got to find out where the auctions are. Once you get that down, then you go to the auctions. Another disadvantage I have is I'm a little outdated on the prices of things, so I'm thinking things are worth a lot less than what they're going for. So I have to learn what things are worth now. I go to the auction, and I bid on stuff. I try and buy it cheap enough that I can make a profit on it, load it into the truck, bring it back to the house. I have shelves all in my basement full of just odds and ends. I put it all on the shelves. I do research on the computer and find out which ones I can actually make a profit on, and I list those. You list the item on eBay and let it run its course through the auction for usually seven days. If it sells, you pack it and ship it off. If it doesn't sell, you can either re-list it as an auction item, re-list it as a store item or throw it in the trash.

CNN: What kind of money do you make in a typical week?

Masters: Not enough.

~snip~

This was the future that Nifong the City of Durham, and the leadership of Duke University had for Reade, Collin, and David.

 12 
 on: February 26, 2009, 03:35:38 PM 
Started by Sydney Carton - Last post by Sydney Carton
  From DIW
 Wednesday, February 25, 2009
The Nifong Conspiracy Theorists
 
I largely have avoided commenting on the strange “Committee on Justice for Mike Nifong” organization, put together by a self-described “lay person,” Sidney Harr. The group, which demands restoration of Mike Nifong’s law license, portrays the disgraced ex-DA as a victim of a conspiracy involving Attorney General Roy Cooper, the North Carolina Bar, various defense attorneys, Judge Osmond Smith, Moezeldin Elmostafa, the North Carolina legislature (for enacting the law, which Nifong ignored, requiring prosecutors to turn over all test results from NTO’s), and (perhaps) other, unnamed co-conspirators in Durham, in North Carolina, in other states, and in other countries as well. Given the vastness of the conspiracy against him, it’s remarkable that Nifong was able to sustain his groundless prosecution for as long as he did.

The blog and accompanying website nonetheless make for an enlightening read, if only for a glimpse at the ill-concealed rage against the lacrosse players that fueled Nifong’s political base in Durham (and, for that matter, the Group of 88 at Duke). In recent weeks, Harr has put together a “comic strip”—all in “good, clean fun,” and “not malicious,” he claimed—that, among other things, purports to find humor in the experiences of the players’ parents. He also penned a post wildly alleging the bribery of Elmostafa, a theory so bizarre even Nifong never made it.

Harr’s blog and website are an appropriate tribute to Nifong, in terms of both tone and intellectual quality. And, to the extent that Harr sustains the character assault against the lacrosse players, he is, ironically, helping the players’ civil suits, by showing the continued damage to their reputations from the improper actions of Nifong and the Durham Police Department.



 13 
 on: February 26, 2009, 03:31:43 PM 
Started by Sydney Carton - Last post by Sydney Carton
   How depressing! Barry Saunders was, not so long ago, right up there with Cash and Nancy  as one of Nifong's top cheering squad. (Though unlike Cash and Nancy, he sometimes had the genuine taste,not to mention grace, to incorporate some  of my resumes  into  his articles.
Now even he refuses to join Justice4Nifong.In fact,if we accept Barry's account(and we selsom have) even Gottlieb and Cy Nifong haven't joined.
    May be they can get Wendy Murphy for their Vice-President!If Wendy still hoilds that secret document which she claimed(following  Attorney General Cooper's statement) proves the boys
bought off Crystal(who,demonstrably,comes cheaper than alibi witnesses) she can bring Nifong back with one hand tied behiind her.

(snip).

If the Peterson trial staggered Durham's reputation, the Nifong case nearly KO'd the city by focusing unflattering national attention on it.

Rabid Nifong supporters -- both of them -- contend the former prosecutor was unfairly persecuted for, as Sidney Harr said, "going after defendants who were from families of privilege."

Harr is a retired physician and an artist. He has drawn a color pro-Nifong comic strip called "The Mis-adventures of Super Duper Cooper" about a "mild-mannered ... bumbling attorney general dispensing selective justice based on color and class."

He portrays state Attorney General Roy Cooper, aided by a barely dressed "curvaceous assistant," wondering, "Let's see ... What else can I do to make the Nifong's life miserable?"

In arguing that Nifong deserves reinstatement to the bar, Harr noted Monday that Nifong is the only district attorney ever disbarred in the state -- despite instances of egregious prosecutorial misconduct by others.

Pretrial statements made by Cooper and Gov. Mike Easley, respectively, that Nifong was "a rogue prosecutor" and "the worst appointment I ever made" damaged Nifong's chances for justice, Harr said. "How was he going to get a fair trial after that?" he asked.

How many members, I asked Harr, are in the Committee on Justice for Mike Nifong? "If you join, that'll be three," he said. "You can have any title you want, as long as it is not president."

That title belongs to Durham community activist Victoria Peterson, who, because of her advocacy on behalf of Michael Peterson as well as Nifong, could soon become known as the patroness saint of lost causes.

"The wheels of justice move slowly," Peterson said when I asked whether she thought they'd get Nifong's license reinstated, "but they move. You must have people willing to stick their necks out. There are a lot of people who feel that he didn't get a fair trial."

None, apparently, who are willing to, in Victoria Peterson's words, stick their necks out and join the committee.

barry.saunders@newsobserver.com or (919) 836-2811

 14 
 on: February 26, 2009, 02:45:39 PM 
Started by Sydney Carton - Last post by Sydney Carton
   I wrote to the Tommy Arthur site asking for specifics but have,as yet, received no reply.Apparently the hearing was postponed and the new date is still to be set.

 15 
 on: February 26, 2009, 02:41:11 PM 
Started by Sydney Carton - Last post by Sydney Carton
   Good to hear from you,Steve.It has been a long time.
     Getting citations from the law and the transcripts is exactly what we like to get here.That is one of the things which makes it difficult when one is arguing one's own case.
   I presume the judge's statement was made when( or after) your attorney presented expert forensic testimony on your behalf.As I recollect your expert ,who is very much a law and order man,was available earlier but your earlier attorneys didn't utilize his services.I hope I have this right.I tried to find the newspaper  account of your man's testimony but failed to locate it.
   By the way,I suspect  you may have caught the nail  end of the stick when TL and I pulled you up a few months back.You were being bitterly assailed by some of your adversaries for having allegedly given two incompatable accounts of how the shooting occurred.Looking back,I believe that your outburst must have  directed against the policeman who says that you gave a contradictory account and you were forcefully asserting that he prevericates and that you have always given the version of the shootiing which your forensic expert now corroborates.
Unfortunately,it was by no means clear  in your communication (certainly not to me) why you accused an (apparently) unidentified cop of  lying.
   The correct(and non libelous) form would have been,"I absolutely deny that any such statements were ever made  but can't discuss it further while the case is in progress." I can understand why you weren't in a mood for legal niceties but you have to be in your present situation.
   I think you have a supporter,Katmandu,who has transcripts of at least part of your  proceedings,it would always be great for him(or her) to post the actual documents  here.
   

 16 
 on: February 26, 2009, 02:03:52 PM 
Started by Sydney Carton - Last post by Sydney Carton
     hp writes:
     

Posts: 223


  Re: Justice for Nifong Libeling Elmo
« Reply #1 on: Today at 11:35:59 AM »   

--------------------------------------------------------------------------------
SC, I do recall contact with Elmo and the relief that his computer records coincided with Reade's description of his call for a taxi and stops along the route back to his dorm.  I know I would have been jumping up and down if some corroborated my story.
  SC,
   hp.
  The  author appears to  be not only ignorant of how complex the  computors and the other other electronic objects involved are but of ordinary common sense.Apart from the physical problem of re-timing  electonic bank records and photogaphs,the forger would have had to correlate  multiple timed calls from several separate phones,the restaurant receipt,and the dorm cards. If Elmo had dropped dead five minutes after delivering Reade and hiis pal at their door,the alibi would have stood  firm on the  basis of the  electronic recordings.
   And casting Elmo as the only identifiable conspirator in all this ? Elmo was a non-citizen daily answerable to the most extreme unpleasantries of Durham LE;if he wanted to stay in this country and that city,Nifong,Stacey, and Co. held all the cards.They simply forgot that simple human decency can,sometimes,still exist,even in Durham.
   
   
hp:
Who exactly is the author of this comical blog entry?  One of the commenters mentions Sydney Harr as the author.  I don't know if that is correct or not but when I googled him, this is what I came up with.

http://www.newsobserver.com/2746/story/1149712.html

"Harr is a retired physician and an artist. He has drawn a color pro-Nifong comic strip called "The Mis-adventures of Super Duper Cooper" about a "mild-mannered ... bumbling attorney general dispensing selective justice based on color and class."
  SC:
   He also  lists his favorite movie as "V in Vendetta", which might explain him a bit.
     As the one  bright spot ( there had to be  b a bright side in here somewhere) he lists the under appreciated Rachmaninof as his favorite composer.However,I cannot help thinking that that the players ,and their families, will fiind three million dollars in legal fees and a couple of years of quantitattively  immeasurable mental and physical damages,too great a price to this llauadable aesthetic  cross-reference.
   However,for my part,I am quite happy to exchange cultural  references with  Mr. Harr, and his friend Miss.Mangum.Let them consider" Aldonza's Song"( as magnificently perfermormed by Miss Joan Diener in the original "Man of LaMancha")
     "And so I became as befitted the mode of my birth,
       A casual bride to  the murderous scum of the earth.
     ..Should  you fear that you find me not quite at my virginal best,
       Slip two bits in my hand  and I'll williing show you the rest!"
   
    The pair of them should,in the interests of raising our collective aesthtic standards,encapsulate that one on both their web sites.
   After all  Don Q. did ,at a terrible price,succeed  in salvaging Aldoonza.But it appears most likely that Crystal after sucking all the available lucre out of  Mr.Harr and V(for Vendtta)Peterrson will merely end up guzzling down more bottles of Don Q.

     
     
hp:
He portrays state Attorney General Roy Cooper, aided by a barely dressed "curvaceous assistant," wondering, "Let's see ... What else can I do to make the Nifong's life miserable?"

In arguing that Nifong deserves reinstatement to the bar, Harr noted Monday that Nifong is the only district attorney ever disbarred in the state -- despite instances of egregious prosecutorial misconduct by others."

**********************

It is hard for me to understand people who, even after being slapped in the face with a trout (or in this case, evidence), continue to not see truth.

Also, the argument that "so and so didn't get punished for what he did so why should Nifong be punished" is ridiculous.  How many times have we been told two wrongs don't make a right.  Sometimes, the system works and people are punished for their wrong doings.  Other times, the system fails.
SC:
  The logical extension of their argument would be that since no  prosecutor in North Carolina history has ever been himself prosecuted for such  all too frequent crimes,it is ,by precedent,too late to start ever now. The frame-up should be regarded as a legally sanctioned  fact of life down North Carolina way.
   Harr is equally bad on the DNA evidence,though he does at least have the grace to print the bloggers who futilely try to explain to him what he seems as incapable as ever of comprehending.
  All told, Elmo really does have good grounds for a libel suit here(unless Harr could convince a judge that receiving the Reader's Digest Award automatically turned Elmo iinto a public figure)
but Elmo shows his  forbearance to more meaningful opponents than Harr and(in pity for Harr's inviincible  ignorance )will probably turn the other cheek on this occasion as well.

 17 
 on: February 26, 2009, 11:35:59 AM 
Started by Sydney Carton - Last post by hp4578
SC, I do recall contact with Elmo and the relief that his computer records coincided with Reade's description of his call for a taxi and stops along the route back to his dorm.  I know I would have been jumping up and down if some corroborated my story. 

Who exactly is the author of this comical blog entry?  One of the commenters mentions Sydney Harr as the author.  I don't know if that is correct or not but when I googled him, this is what I came up with.

http://www.newsobserver.com/2746/story/1149712.html

"Harr is a retired physician and an artist. He has drawn a color pro-Nifong comic strip called "The Mis-adventures of Super Duper Cooper" about a "mild-mannered ... bumbling attorney general dispensing selective justice based on color and class."

He portrays state Attorney General Roy Cooper, aided by a barely dressed "curvaceous assistant," wondering, "Let's see ... What else can I do to make the Nifong's life miserable?"

In arguing that Nifong deserves reinstatement to the bar, Harr noted Monday that Nifong is the only district attorney ever disbarred in the state -- despite instances of egregious prosecutorial misconduct by others."

**********************

It is hard for me to understand people who, even after being slapped in the face with a trout (or in this case, evidence), continue to not see truth.

Also, the argument that "so and so didn't get punished for what he did so why should Nifong be punished" is ridiculous.  How many times have we been told two wrongs don't make a right.  Sometimes, the system works and people are punished for their wrong doings.  Other times, the system fails.


 18 
 on: February 25, 2009, 06:50:14 PM 
Started by Sydney Carton - Last post by Sydney Carton
   http://justice4nifong.blogspot.com/2009/02/regarding-mr-elmostafa-taxi-cab-driver.html
      You won't believe this until you see it!
       At least JFN is also posting its myriad  critics(several  well known from the old days here).Like their hero,these people(whatever else may be said about them)do not lack for chutzpah.
   Can the Fong really be planning to offer such defenses in a court of law?
         

 19 
 on: February 24, 2009, 05:54:06 PM 
Started by Sydney Carton - Last post by Sydney Carton
   http://www.wral.com/news/national_world/national/story/4542940/
Illinois GOP leader calls on Sen. Burris to resign
Posted: Today at 3:36 p.m.
Updated: 5 minutes ago

CHICAGO — Just as Illinois was moving past the agony and embarrassment of former Gov. Rod Blagojevich's ousting, the fellow Democrat whom Blagojevich appointed to the U.S. Senate was hearing calls for his own resignation Sunday amid allegations he lied to legislators.

Freshman Sen. Roland Burris released an affidavit on Saturday that contradicts his statements last month to a House committee investigating Blagojevich's impeachment.

"I can't believe anything that comes out of Mr. Burris at this point," Rep. Jim Durkin, the impeachment committee's ranking Republican, said at a news conference Sunday. "I think it would be in the best interest of the state if he resigned because I don't think the state can stand this anymore."

Gov. Pat Quinn, who advanced to the governor's mansion after Blagojevich was ousted over corruption allegations last month, also called on Burris to explain the contradiction.

"My opinion is that he owes the people of Illinois a complete explanation," Illinois Gov. Pat Quinn said, according to Quinn spokesman Bob Reed.

Durkin, the impeachment committee's ranking Republican, and House Republican Leader Tom Cross also wants an investigation of Burris for possible perjury.

It's not clear what action state legislators could now take against Burris, said Northwestern University law professor and former Illinois Comptroller Dawn Clark Netsch.

"I'm not aware that anything quite like this has happened in any state before," she said.

Based on federal law, the state Senate could argue that Burris was a temporary appointment, then pass a bill calling for a special election to name a permanent senator, Netsch said.
   SC:
    Burris continues to deny that he lies.Says that he referred to  "friends" in the first statement and eventually intended to mention that one of these was Blago's brother.
    Somehow I don't think that Burris  will ever manage to convince Rolando Cruz,the innocent man  whom he attempted to execute on rather more flimsy circumstancial evidence.
   

 20 
 on: February 24, 2009, 05:25:38 PM 
Started by Sydney Carton - Last post by Sydney Carton
   It should of course be clearly noted that 2017 is  the number of legal US jurisdictions involved in (not iinfrequently  criminal) prosecutorial misconduct.Certain  of these have, obviously ,furnished  more than a single example of  prosecutorial transgression during the course of the nearly forty judicial years which  the survey held  under scrutiny.

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