“BILL OF PARTICULARS” FOR MICHAEL NIFONG
(originally posted on Talk Left)
A. Actions subverting the legal system
1) Suggesting that potential defendants do not need lawyers
2) Declining to meet with defendants’ lawyers
3) Refusing to review exculpatory evidence
4) Improperly directing a police investigation instead of the police chief
5) Organizing an illegal photo-ID lineup without “fillers”
6) Indicting before fully investigating by going straight to the grand jury
7) Inflaming public opinion with over 50 interviews
8) Pursuing the case despite inconclusive DNA and forensic evidence
9) Declining to consider polygraph evidence
10) Delaying production of discovery material including police notes and phone and computer records
11) Failing to personally interview the accuser to determine credibility of the charges
12) Attempting to place burden of proof on defendants 13) Declining to produce a bill of particulars and giving changing theories of the “crime”
14) Deciding to prosecute the case personally to curry political favor with the black community
15) Attempting to tamper with witnesses by inducements (Kim Roberts) and threats (Mr. Elmostafa)
16) Stating “if a case is of such significance that people in the community are divided or up in arms over the existence of that case, then that in and of itself is an indication that a case needs to be tried,” improperly suggesting that community needs trump justice

B. Misleading and/or lying to the public
1) Falsely stating identity of 911 caller who reported racial slurs was unknown, thereby inciting racial tensions
2) Falsely claiming use of condoms despite known contrary statements from accuser
3) Falsely suggesting use of date rape drug
4) Demonstrating choke-hold despite never interviewing accuser
5) Discussing “scratches” and shirts on players’ arms
6) Calling players “hooligans” and declaring definitely that a rape happened at the party
7) Stating DNA evidence would identify the guilty players then backtracking
8) Claiming players not cooperating after captains came in voluntarily and helped with house search by police

C. Inappropriate Conduct
1) Shouting and swearing at a female defense attorney and others
2) Accusing lawyers for unindicted players of being disappointed their clients were not indicted
3) Demeaning defense attorneys in court
4) Smirking, laughing, and making insulting gestures in court
5) Inciting racial tensions by dealing with the National Black Panther Party (NBPP) and not denouncing its racist and anti-semitic views
6) Insulting Duke students by talking about “rich daddies” even though 40% of Duke students receive financial assistance.

also add the following

Doing illegal background checks on people who send him e-mail, stating that they are not going to vote for him. No name or state was ever put on the original e-mail sent to Nifong. I have seen it, and several blog sites posted it and Nifong's reply.

Sharing his dicovery with the hate group " New Black Panther Party" before giving it to the defense back in May.

There has been a letter sent to the Department of Justice back on September 7th and again on the 25th of September.