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"And ye shall know the truth, and the truth shall make you free." - John 8:32
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Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  January 2, 2007
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Duke Case: Ashley Cannon, Please Speak Up

Ms. Cannon, instead of a Happy New Year, I wish you an earnest examination of conscience and pray that you do what is right,

Now that the Duke case is collapsing, Mr. Nifong is doomed and the futures of the Duke Three again look very bright.

What soon was obvious to those paying attention and not deluded was that Durham County, North Carolina District Attorney Michael B. Nifong was out of control.  He was not even trying to be a fair and impartial minister of justice when it came to false accuser Crystal Gail Mangum's gang rape claim.  He was hoping that the claim was true.  When he got the second set of DNA test results, the case should have been through.  But that district attorney primary was but weeks away, so Mr. Nifong decided an agreement to conceal would be okay.

In the Duke case, Mr. Nifong was malevolent, not merely wrong. He had to be, if his black vote was going to be strong.

On December 15, 2006, when Dr. Brian Meehan of DNA Security testified, it was apparent that, even to the Court, Mr. Nifong had lied.

He HAD to, because the case against the Duke Three (Reade Seliogmann, Collin Finnerty and David Evans) was bogus, not bona fide.

Just as Ms. Mangum needed to do something to avoid being incarcerated for her own good.

That, by the time he was interviewed by Dan Abrams, Kevin Finnerty (Collin's dad) understood.

Now that the falseness of the charges is generally appreciated,

Mr. Nifong will be removed from the case as well as excoriated.

Did you notice what the North Carolina Conference of District Attorneys just announced

When, its considered opinion that Mr. Nifong be off the Duke case, it carefully pronounced?

"In the Duke Lacrosse cases the Conference...offered unsolicited assistance...."

From Mr. Nifong, instead of gratitude, there was...resistance.

The Conference: "That assistance has not been accepted to date." And, by now, the truth is known and it seals Mr. Nifong's fate.

Why not take help in litigating against the Duke Three's Dream Team?

The answer may be more than pride which, to be, the answer might seem.

A district attorney out of control in a case like the Duke case

The helpers that the Conference of District Attorneys would have supplied

Would have been much less likely to cover up when Mr. Nifong lied!

Some people do not become corrupt by their own design.

Some people will cooperate with evil when their jobs are on the line.

With me, (blonde) former Durham ADA Ashley Cannon has become shy.

We spoke about the Duke case, once, after, Mr. Nifong, she told goodbye.

That she would come forward to help the Duke Three, I did have some hope,

After she finally decided, with working with Destine, she just could not cope.

But, CAN  Ms. Cannon's involvement in the Duke case survive inspection?

Ms. Cannon lined up another job and left the Friday before the Election.

She complained that Finesse Couch's son Destine had sexually harassed her

And their  boss, D. A. Michael B. Nifong, did not do anything about it, the cur.

Ms. Cannon, with Mr. Nifong, higher than C. Destine Couch, you did NOT rate.

Mr. Nifong desperately needed a black bloc vote, as you surely can appreciate.

You should also appreciate, as an attorney, with the court, you must be candid,

Whether or not your boss has the ethics of a saint or a bandit, or is pure or rancid,.

On August 29, 2006, the unstoppable Liestoppers wrote:

"ADA Ashley Cannon was apparently caught in a lie in court. While vainly attempting to advance the Boss's vendetta against cabbie Elmostafa, Cannon claimed that Elmostafa's arrest had nary to do with the Duke hoax. But, alas, notes from Duke case indicated that Mr. Nifong, whose only focus (other then campaigning against those intent on removing him from office) these days IS the Duke case, directed that he be informed immediately upon the arrest of Mr. Elmostafa."

Liestoppers was surprised when you resigned, Ms. Cannon.

Liestoppers (November 6, 2006):

"Just when we thought the absurdity of this drama could not get any more bizarre, it appears that loyal ADA Ashley Cannon has broken ranks by leaving the District Attorney’s office on the eve of the election amid a brewing sexual harassment scandal. Time and again, Ms. Cannon had proven herself a loyal subordinate to DA Nifong, and it appears that her reward was to be subjected to an alleged pattern of sexual harassment within the DA’s office.

"In the spring, Ms. Cannon provided campaign ammunition for Nifong in his hard fought primary election battle against bitter rival Freda Black, by alleging that Defense Attorney Jerry Clayton assured her that if Black won, her job would be safe. Ms. Cannon also demonstrated her loyalty to Nifong by arguing for the reinstatement and prosecution of alcohol and noise violations charges against lacrosse team captains David Evans and Dan Flannery. Her greatest attempted contribution to the Hoax, however, was her aggressive, though failed, prosecution  of defense witness Moezeldin Elmostafa.

"Despite Ms. Cannon’s willingness to go to bat for Nifong in each of these instances, it appears that Nifong was unwilling to return the favor when Ms. Cannon came to him with a sexual harassment complaint against ADA C. Destine Couch."

Mr. Cannon, I have a few questions for you.

Yes, Ms. Cannon, I really do.

First, about his interest in prosecuting Elmostafa, cab driver and alibi witness, did Mr. Nifong tell you to lie?

Second, if so, how can you live with yourself, how can you sleep at night, if I may pry?

Third, did you tell your colleague and friend A.D.A. Phyliis Trachese that Mr. Nifong told you to lie?

Fourth, if so, as to your hospitalization after the cabbie's acquittal, will you tell the world the real reason why?

Fifth, would you rather take a polygraph test or, Fifth Amendment rights, assert?

Sixth, do you think career advancement worthwhile when innocent people get hurt?

For your answers, Ms. Cannon, my breath, I won't be holding,

As, the Duke case denouement, I continue to watch unfolding.

Michael J. Gaynor

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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.


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