Posted on 09/01/2007 10:19:20 AM PDT by Roberts
DURHAM, N.C. (AP) - From the day he took over the Duke lacrosse rape case, Durham County District Attorney Mike Nifong charged forward with a strident determination that the guilty would end up in jail. Ultimately, the since-disgraced former prosecutor only succeeded at putting himself behind bars. Nifong was sentenced Friday to a single day in jail, having been held in criminal contempt of court for lying to a judge during his pursuit of rape charges against the three falsely accused lacrosse players.
Superior Court Judge W. Osmond Smith III could have sentenced Nifong, who had already been stripped of his law license and had resigned from office, to as many as 30 days in jail and given him a fine as high as $500. Instead, he opted for a largely symbolic punishment—the public humiliation of sending a prosecutor to jail—that he said would help protect the integrity of the justice system.
"If what I impose with regard to Mr. Nifong would make things better or different for what's already happened, I don't know what it would be or how I could do it," Smith said.
It was the latest in a line of punishments for a broken man who once confidently trumpeted to anyone within earshot that a woman hired to perform as a stripper at a March 2006 lacrosse team party had been raped.
State prosecutors—who took over the case when Nifong recused himself in January amid ethics charges—dropped charges against players Reade Seligmann, Collin Finnerty and David Evans in April. In a stinging rebuke, North Carolina Attorney General Roy Cooper called them innocent victims of Nifong's "tragic rush to accuse" and said there was no credible evidence a crime had occurred.
Two months later, Nifong was disbarred for more than two dozen violations of the state's rules of professional conduct, including withholding exculpatory DNA evidence and making numerous inflammatory comments about the lacrosse players to the media.
Nifong, who was ordered to report to jail at 9 a.m. next Friday, showed no visible reaction when Smith handed down the sentence, and left the courtroom with his wife. Defense attorney Jim Glover declined to comment after the hearing.
"None of us take any joy in what happened today or what is going to happen to Mr. Nifong in a week," said Jim Cooney, one of Seligmann's defense attorneys. "But it was the inevitable outcome of a lot of actions."
Duke's highly ranked lacrosse team was initially vilified, as Nifong—in his first political campaign for district attorney—told voters he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl." He won indictments against the three players, but it soon became clear Nifong's evidence was pitifully weak.
The North Carolina State Bar disciplinary committee later concluded Nifong manipulated the case to boost his chances at the ballot box, adding he continued to pursue it even when it was apparent the defendants were innocent.
"Do I feel sorry for him? I feel sorry for his family," said defense attorney Joseph Cheshire, who represented Evans. "I think what he did was willful and intentional and damaged seriously this state and the lives of these boys and their families. I don't feel sorry for Mike Nifong. Sorry if that sounds cruel, but I don't."
Reading his contempt decision from the bench minutes after the conclusion of two days of testimony, Smith said Nifong "willfully made false statements" to the court in September when he insisted he had given defense attorneys all results from a critical DNA test.
In fact, Smith found, Nifong had provided the defense with a report on the DNA testing that he knew was incomplete. The omitted data contained test results showing that DNA of multiple men, none of whom were lacrosse players, was found on the accuser.
Kevin Finnerty, Collin's father, said the family would have accepted any sentence Smith thought appropriate.
"It's not a happy day for us, but we're thrilled the system works, that justice has happened, and we're moving on," he said.
Taking the stand in his own defense, Nifong insisted Friday he didn't intentionally lie about whether he had turned over the DNA evidence. But he acknowledged the report he gave defense attorneys was incomplete.
"I now understand that some things that I thought were in the report were in fact not in the report," Nifong said. "So the statements were not factually true to the extent that I said all the information had been provided."
A defense attorney found the omitted data amid 2,000 pages of documents Nifong gave the defense months after the initial report. Nifong said that by the time he realized the data wasn't contained in that report, "it had been corrected. The defendants already had it."
"It was never my intention to mislead this or any other court," Nifong said. "I certainly apologize to the court at this time for anything I might have said that was not correct."
Dissembling to the bitte end.
That should read “Dissembling to the bitter end”.
Good. And I hope prosecuters take this as a lesson.
fitzfong should be next
I am guessing the former prosecutor will be in Protective Custody.
Still waiting for the woman who LIED about this whole ordeal to be charged and sentenced...
He should have gotten prison time. I bet they’d have a lot of fun with a prosecutor in the Big House.
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