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VOLUME 53 — NUMBER 226 © 2007 APRIL 13, 2007 Published Sunday, Tuesday Through Friday PRICE: Daily 50c — Sunday $1.00 FRIDAY

Lessons in law enforcement Duke players

Daily Press Staff Writer
Seeing is believing in Cheto
Moreno’s Street Law Class at
Artesia High School.
consider suit
RALEIGH, N.C. (AP) — pronounced them innocent and
When School Resource Lawyers for three former Duke delivered a withering attack on
Officer Humberto Flores lacrosse players are consider- Nifong, portraying him as a
entered the classroom on ing suing the district attorney “rogue” prosecutor guilty of
Thursday, he arrested a student who pursued rape and sexual “overreaching.” Cooper said
for an outstanding warrant and assault charges against the Nifong rushed the case, failed
made sure the other students three men, who were declared to verify the accuser’s allega-
knew exactly why he was mak- innocent this week by the state tions and pressed on despite
ing the arrest. attorney general. the warning signs.
“I have a warrant for your Durham County District In his first comment on that
arrest for possession of a con- Attorney Mike Nifongs issued decision, Nifong said in a
trolled substance,” he said, to a carefully worded apology to statement Thursday: “To the
the astonishment of the class- the players on Thursday, but it extent that I made judgments
room. may not have been enough to that ultimately proved to be
The mock arrest was made in prevent a lawsuit. incorrect, I apologize to the
each of Moreno’s six classes three students that were
and each student was pre- So far, attorneys for David
Evans, Reade Seligmann and wrongly accused.”
selected. The objective of the
arrest was to teach students Collin Finnerty have not said He issued what appeared to
how to identify legal protec- whether they plan a civil action be a plea to the students not to
tions for defendants, proce- against Nifong, but they have take any further action, saying
dures used by police during the not ruled it out. “It is my sincere desire that the
arrest process and to identify Prosecutors generally have actions of Attorney General
constitutional protections for immunity for what they do Cooper will serve to remedy
individuals on trial, said inside the courtroom, but any remaining injury that has
Moreno. experts said that protection resulted from these cases.”
When Flores arrested Justin probably doesn’t cover some Seligmann’s attorney, Jim
Kennedy in fifth period, he of Nifong’s more questionable Cooney, said he would be
read the teen his rights. actions in his handling of the advising his client’s family of
However, according to the case — such as calling the all of their legal options. “But
resource officer, Miranda rights lacrosse players “a bunch of nobody is racing to file any
do not have to be read when School Resource Officer Humberto Flores “arrests” Justin Kennedy in Cheto Moreno’s hooligans” in one of several kind of a lawsuit at this point,”
someone is arrested, only when Street Law Class on Thursday. As an introduction to the chapter on arrest, Moreno and interviews deemed unethical he said.
an officer is asking questions. Flores staged Kennedy’s mock arrest, and other mock arrests in each class period. The by the state bar. Separately, the North
students were pre-selected and parents agreed to the simulation. “I think their chances of suc- Carolina bar charged Nifong
Many of the students cess suing Mr. Nifong are rea- months ago with several viola-
believed the arrest was a “set- make the arrest?” he said. Flores to the students and the studying the criminal process sonably good, despite what we tions of professional conduct
up” but still participated when Students answered different- rest of the class time was spent of arrest and will continue their call prosecutorial immunity,” that could lead to his disbar-
Moreno asked the class if the ly, still not understanding what with questions and answers. learning experience next week said John Banzhaf, a professor ment. The case is set for trial
student’s rights had been vio- had just happened. Students were surprised to with a mock trial. at the George Washington before a bar committee in June.
lated when the officer made the Although students were con- learn about Miranda rights and University School of Law. Among other things, the bar
Other students involved in
arrest so publicly. fused, they soon learned about that officers did not have to North Carolina Attorney said Nifong made misleading
the mock arrests throughout the
“Do you think there is a law- the mock arrest, and the officer immediately tell a person why day were Shelby Menefee, General Roy Cooper threw out and inflammatory comments
suit here? Why didn’t the offi- and student returned to the they are being arrested. Latosha Fugate, Lansden the case against the three about the athletes, even before
cer call him to the office to class. Moreno introduced The Street Law class is Hewett and Stephen Catano. young men on Wednesday, they were charged.

Probe continues in firing of federal prosecutors

WASHINGTON (AP) — home computer, and the hand- action. White House officials say Luskin’s comments. possible. Some 50 past and cur-
Karl Rove’s lawyer today dis- held computer devices he used The mystery of the missing they can’t rule that out, but that A lawyer for the RNC told rent White House aides had the
missed the notion that President for both the White House and e-mails is just one part of a the administration is making an congressional investigators that RNC accounts, according to the
Bush’s chief political adviser Republican National Com- furor over the firings of eight honest and aggressive effort to the RNC may be able to recov- administration, to avoid using
intentionally deleted his own e- mittee, Luskin said. federal prosecutors that has recover anything that was lost. er some of those e-mails sent government resources to con-
mails from a Republican-spon- The prosecutor, Patrick threatened Attorney General “We have no indications that from August 2004 on. That’s duct political business.
sored server, saying Rove Fitzgerald, subpoenaed the e- Alberto Gonzales’ job and there was improper intent when when the RNC put a hold on an
believed the communications mails from the White House, thrown his Justice Department using these RNC e-mails,” automatic purge policy. The White House was also
were being preserved in accor- the RNC and Bush’s re-election into turmoil. spokeswoman Dana Perino confronted with unrelated
The RNC lawyer, Rob questions about the possible
dance with the law. campaign, he added. For now, Bush is standing by said. Kelner, also said that the
The issue arose because the “There’s never been any sug- his longtime friend from Texas, Luskin said Rove didn’t loss of e-mails from aides’ gov-
Republican committee has ernment accounts.
White House and Republican gestion that Fitzgerald had any- who has spent weeks huddled know that deleting e-mails none of Rove’s e-mails on its
National Committee have said thing less than a complete in his fifth-floor conference from his RNC inbox also delet- server prior to 2005, possibly Perino said she could not rule
they may have lost e-mails record,” Luskin said. room at the Justice Department ed them from the RNC’s server. because Rove deleted them, out that millions of White
from Rove and other adminis- Any e-mails Rove deleted preparing to tell his story to the That system was changed in according to House Oversight House e-mails could have been
tration officials. Demo- were the type of routine dele- Senate Judiciary Committee on 2005. and Government Reform lost when staffers’ accounts
cratically chaired congressional tions people make to keep their Tuesday. Rove voluntarily allowed Chairman Henry Waxman, D- were converted over to
committees want those e-mails inboxes orderly, Luskin said. New documents released investigators in the Plame case Calif. Microsoft Outlook from Lotus
for their probe of the firings of He said Rove had no idea the e- today by the Justice De- to review his laptop and copy Sometime in 2005, the RNC Notes. It was a rolling process
eight federal prosecutors. mails were being deleted from partment may shed additional the entire hard drive, from took action solely to prevent that took place in the first cou-
“His understanding starting the server, a central computer light, but their release prompt- which investigators could have Rove from deleting his e-mails ple of years of the administra-
very, very early in the adminis- that managed the e-mail. ed Gonzales’ one-time chief of recovered even deleted e-mails, on that server. One reason for tion, she said.
tration was that those e-mails On Thursday, one Demo- staff, Kyle Sampson, to post- Luskin said. specifying Rove, Waxman said,
were being archived,” Rove’s cratic committee chairman said pone a closed-door interview As the investigation was appears to have been pending “I wouldn’t rule out that there
attorney, Robert Luskin, said. his understanding was that the with congressional investiga- winding down, Luskin said, legal action against him. were a potential 5 million e-
The prosecutor probing the RNC believed Rove might tors. prosecutors came to his office It was unclear, Waxman said, mails lost,” she said. “There
Valerie Plame spy case saw and have been deleting his e-mails The missing e-mails posed and reviewed all the documents whether the RNC had or would was no intent to have lost
copied all of Rove’s e-mails and in 2005 took action to pre- some of the weightiest ques- he had collected to be sure both be able to recover e-mails writ- them.”
from his various accounts after serve them in accordance with tions of a sprawling political sides had a complete set. ten by any White House offi- BONNIE HARRIS &
searching Rove’s laptop, his the law and pending legal and legal conflict between the Luskin said he has not heard cials, including Rove, and sent UNIVERA LIFE SCIENCES™
Bush administration and from Fitzgerald’s office and on the committee’s account. “Ageless Success Program”
Daily Roundup Democrats in Congress. said that if Fitzgerald believed The White House and RNC FREE Event at the Pecos Inn
Democrats are questioning any e-mails were destroyed, he said they are taking action to Saturday, April 14 at 2 pm
Forecast whether any White House offi-
cials purposely sent e-mails
would have called. Fitzgerald’s
office declined comment.
recover as many lost e-mails as For info call (505)365-2142

Tonight increasing clouds. Windy, colder. Lows about official business on the The White House did not AUCTION MENUDO
in the upper 30s. Northwest winds 20 to 30 mph. RNC server to avoid scrutiny. immediately respond to Saturday, April 14
Saturday sunny. Highs in the mid 60s. Northwest Saturday & Sunday
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8 am-3 pm turns 13 on Friday
By The Associated Press
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