JULY 4, THE CONSTITUTION, DUKE & UNDUE PROCESS OF LAW
by Dean Tong, MSc.
June 30, 2007
As Independence Day approaches in this country we call a democracy , let us all join in a silent minute of prayer over what transpired in the Duke University rape scandal. From probable cause arrests of three lacrosse players that had “plaintiff v. defendants” problems from the get go; e.g. defendants iron clad alibis via ATM and cell phone records, taxi driver statements exonerating defendants, complainant’s inconsistencies with respect to photo lineup and bathroom incidents, to exhorbitant bail bonds, to true bills of indictment, to complainant’s memory meltdown, to nolle prosequi, and to disbarment of prosecutor Mike Nifong. What part of guilty until you prove your innocence, Duke boys, do you not understand?
As I re-examine our 5th and 14th amendments to our constitution, namely, here – [Read], I’m awestruck by what I’m reading. “Due process, in the context of the United States, refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to corporations.” I guess they forgot “emphasis added.” “In the Magna Carta, due process is referred to as “law of the land” and “legal judgment of peers.” Really? “A law must be clean, fair, and have a presumption of innocence to comply with procedural due process?” Emphasis added, by me!
[Read Dean Tong’s book, “Elusive Innocence; Survival Guide For The Falsely Accused“]
It seems to me the Duke boys were not afforded procedural due process, nor substantive due process. There was nothing peer reviewed in that case as Mike Nifong was the peer reviewer, and the judge, and the jury, and the executioner. In fact, had Mike Nifong continued on with prosecuting these guys and been successful in doing so, I’m certain the North Carolina legislature would have sponsored and passed “Nifong’s Law.”
Prosecutorial misconduct in criminal cases, in general, has been covered before by reporter Steve Weinberg – [Read]. This not new news. However, to my knowledge, overt prosecutorial misconduct in a ‘sex crime case’ as what transpired in Duke and with Nifong is new news. And I hope this case shines a bright light on the mainstream media to better monitor sex crimes cases for possible prosecutorial misconduct in the future. I can tell you that Duke is just the tip of the iceberg.
In a case I personally consulted on a few years ago from Arizona – [Read] – an egregiously prosecuted case against my client, whom I met in jail as he was wrongly accused of molesting his 4 year-old daughter, I witnessed the awesome powers of The State. Forget about right, wrong, truth and justice. Power, politics and the new American way runs the show now, folks.
I have just inked a contract with a publisher for two new books – “If the Children Only Knew,” a self-help manual for parents falsely accused of abuse and their attorneys, will debut in June of 2008, and my life story “Father’s Day:” A Memoir of Nightmare, Daylight and Redemption will be released on Father’s Day in 2009. It’s a shame I have to write these books and tell my own story in unabridged fashion.
Be very scared. Be very paranoid. Be very pessimistic that the American system of “justice” works like our forefathers thought it was supposed to do so over two hundred years ago. We live in a great country. This land is your land. This land is my land. Go ahead and pledge allegiance to the flag. But the next time you or your loved one is accused of abuse see how much allegiance our system protectors affords our Constitution. Oh, and by the way, have a very safe and happy July 4th!