WEBCommentary Contributor

Author: Michael J. Gaynor
Date:  January 1, 2007

Topic category:  Other/General

Duke Case: Endgame

The national title, the 2005-2006 Duke University Men's Lacrosse Team was not allowed to win.

Still, for the team members and their coach, 2006, an unforgettable year, it has been.

Especially on Seligmann, Finnerty and Evans, the sins of slavery, racism, sexism and elitism were loaded.

But, before New Year's Eve, the great scheme to frame them and sacrifice them had exploded.

Rapists, kidnappers or sexual assaults, these  young men are not.

Fittingly, now their prosecutor and false accuser are on the hot spot.

The phony gang rape charges against them already have been dismissed.

By the Three and their families and friends, those charges won't be missed.

The rest of the baseless charges against them soon will be dismissed too.

And District Attorney Michael B. Nifong's legal career soon will be through.

I don't know many persons who voted for him will be disgusted,

But, long ago, that malicious man should have been busted.

The North Carolina NAACP

Prolonged undeserved agony,

Shamelessly.

And futilely.

Guilty of hypocrisy, it became.

Really, really, a great shame!

From Judge Kenneth Titus, a gag order, it secured.

A patently unconstitutional one, not to be endured.

Note: Judge Titus as enabler should be addressed.

With free expression, he should not have messed.

But Judge Osmond Smith removed the gags, properly.

Then we saw the Three (and the second stripper) on tv.

The Three were the real victims, not monsters, obviously.

Finally the NC State Bar acted on misconduct of Mr. Nifong,

Who blithely had done so much so wicked, so horribly wrong,

AFTER, public, Mr. Nifong's dirty deal with Dr. Meehan became,  

And, still, arrogant Mr. Nifong demonstrated absolutely no shame.

Mr. Nifong's dismissal of the rape charges was tactical.

Give the devil, sometimes Mr. Nifong can be...practical.

So, against Mr. Nifong, the NC State Bar finally acted.

And the Duke case prosecution was greatly impacted.

The North Carolina DAs Conference quickly piled on.

From the Duke case, Mr. Nifong soon will be gone.

All the other DA's said that Mr. Nifong must go.

So, count the days until it becomes so.

The state bar ethic charges create an interest conflict:

Grounds for removal, so, torture, Nifong no longer can inflict.

Kirl Osborn's bold May 1 motion to remove Mr. Nifong

Should NOT have been ignored, that was very wrong.

In April Mr. Osborn realized that Mr. Nifong was out of control

And acted courageously (a sign of a zealous lawyer and good soul).

NOW Mr. Nifong will be removed if he does not step aside.   

(Perhaps Mr. Nifong now wishes that he already had died.)

The next prosecutor can quickly dispose of the Duke case,

The commencement of which was a prosecutorial disgrace,

In a way that exonerates the Three as well as ends prosecution.

Polygraph testing was, is and always will be the solution!

When the three co-captains offered to be tested, Mr. Nifong said no.

NOW POLYGRAPH TESTING IS THE OBVIOUS WAY TO GO!

False accuser Crystal Gail Mangum just changed her story once more.

A ludicrous story that forever will be bogus, and rotten to the core.

For she and the Three, to be tested, the next prosecutor should ask,

Submitting to a polygraph test would be a simple, yet critical, task.

Would ex-convict stripper Crystal Gail Mangum dare to agree?

I doubt it, with a belief that approaches virtual certainty,

And a sincere hope that Ms. Mangum would astonish me.

Each of the Three already passed, and would do so now.

How should the Duke case end? With the Three passing, that's how!

Of course, some will continue to insist that the Three still should be tried.

For them, without remorse, having a Duke case trial is a matter of pride.

But, the truth is that every sexual assault charge simply is not worthy of a trial.

A fair prosecutor would have sent Crystal's complainant to the bogus charges file.

Michael J. Gaynor


Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.


Copyright © 2007 by Michael J. Gaynor
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