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Durham DA race is blurry picture
Nifong opponents have complicated decisions

Benjamin Niolet, Staff Writer
DURHAM - It's hard to find someone in Durham who does not have an opinion on Mike Nifong.

For those who support the 28-year veteran Durham prosecutor, the choice on the Nov. 7 ballot is simple: fill in the oval next to the Democrat's name. But for those who disapprove of Nifong, things are more complicated.

They can pick Lewis Cheek, a Democratic County commissioner on the ballot as an unaffiliated candidate. Cheek says he is an alternative to Nifong but promises that he will not accept the job if he gets the most votes.

Or voters can select Steve Monks, the chairman of the county's Republican Party. Monks' name doesn't appear on the ballot but has to be written in on a blank line. Unlike, Cheek, Monks says he will take the job.

The election, like no other in recent memory, is perhaps appropriate in a year in which the Durham County prosecutor is a household name across the county. The publicity is fueled by the rape case against three Duke University lacrosse players who are charged with raping an escort service dancer hired for a March team party.

With the case as a backdrop, Nifong beat two challengers in a May primary. By the end of the summer, defense lawyers in the case had stepped up pressure against Nifong and news reports exposed weaknesses in the prosecutor's case. Nifong's critics took particular offense to holes in the case in light of Nifong's early statements to the media in which he denounced lacrosse players and said he was confident a sexual assault occurred.

Nifong has said he still believes the woman's story and plans to continue the case.

For Nifong's challengers, the campaign has become a referendum on Nifong. The prosecutor has tried to emphasize his other duties, including running an office that deals with more than 50,000 new cases a year.

"He's been doing it for a long time," said Jason Idilbi, 24, a law student at UNC-Chapel Hill. Idilbi, said he voted for Nifong at the Board of Elections on Friday. "All Duke lacrosse controversy aside, I think he's been doing a good job."

Nifong told a group of Rotary and Kiwanis club members at an October luncheon that the lacrosse case should be tried exactly because of the controversy surrounding it.

"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," Nifong said.

But to voter Sheila Dukes, the case seems to get worse and worse. The 53-year-old secretary said she voted for Cheek on Friday.

"It's the only way to get Nifong out," she said. "The more we hear, it seems like the less it was handled correctly."

Cheek, who got on the ballot through a petition drive, has promised that if he gets the most votes he will not serve. The governor would then have to appoint a district attorney for a two-year term. Cheek said he would vote for himself and has encouraged anyone unhappy with Nifong's behavior in the lacrosse case to do the same, despite the uncertainty of that vote. The election, he said, is a choice for each voter.

"You know your own opinion of what kind of job Mr. Nifong has done," Cheek said at a news conference. "Do you prefer that to a gubernatorial appointment?"

At least one person voted for Cheek and meant it.

"I think he would be a better person. Maybe he'll change his mind," said Nicole Brooks, 30, who works for Durham County Social Services.

Brooks said she met Cheek a few years ago and was impressed with him. She only heard that Monks was running a day or two before, she said.

Monks said at a Monday news conference that he thinks his candidacy is the best way to replace Nifong.

"They don't want to vote for a candidate who will not serve," Monks said.

Early voting at the Board of Elections ends today at 1 p.m.
Staff writer Benjamin Niolet can be reached at 919-956-2404 or bniolet@newsobserver.com.