Duke Prosecutor Nifong To Be Disbarred

AP ^ | 6/16/07 | Staff

[stinkerpot65]

Nifong Accepts Disbarment David Freedman, Mike Nifong's attorney, has just announced that Nifong has accepted that disbarment is an "appropriate" penalty, and has accepted both disbarment and waived the right to appeal.

(AP) RALEIGH, N.C. District Attorney Mike Nifong will be disbarred for his disastrous prosecution of three Duke University lacrosse players falsely accused of rape, a disciplinary committee decided Saturday. Even the veteran prosecutor said the punishment was appropriate.

"This matter has been a fiasco. There's no doubt about it," said committee chairman F. Lane Williamson.

Nifong sat motionless, one hand resting over his mouth, as Williamson recounted how he engaged in dishonest and deceitful conduct. He said Nifong's early comments about the case — which included a confident proclamation that he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl" — were purposefully designed to boost his campaign for district attorney.

"At the time he was facing a primary, and yes, he was politically naive," Williamson said. "But we can draw no other conclusion that those initial statements he made were to further his political ambitions."

Nifong will not appeal the punishment, his lawyer said.

"He hopes this helps restore some of the confidence in the criminal justice system of North Carolina," said attorney David Freedman.

"On one hand, it's very devastating. On the other hand, he's been going through this process for a long time, so you always have some semblance of relief when the process is over with regardless of the outcome."

The North Carolina State Bar charged Nifong with breaking several rules of professional conduct, including lying to both the court and bar investigators and withholding critical DNA test results from the players' defense attorneys.

The committee, after deliberating for a little more than an hour on Saturday, unanimously agreed with the bar on almost every charge — including the most serious allegations — that Nifong's actions involved "dishonesty, fraud, deceit and misrepresentation."

State Bar prosecutor Douglas Brocker told the committee that as Nifong investigated the allegations that a stripper was raped and beaten at a March 2006 party thrown by Duke's lacrosse team, he charged "forward toward condemnation and injustice," weaving a "web of deception that has continued up through this hearing."

"Mr. Nifong did not act as a minister of justice, but as a minister of injustice," Brocker said.

The verdicts and the punishment did not appear to surprise Nifong, who acknowledged during sometimes tearful testimony Friday that he would likely be punished for getting "carried away a little bit" when talking about the case.

During Saturday's closing arguments, Williamson repeatedly interrupted Nifong's attorney, Dudley Witt, as he discussed the DNA testing.

Williamson questioned why it took several months for the defense to get DNA test results that found genetic material from several men in the accuser's underwear and body, but none from any lacrosse player.

"It wasn't just one little oversight," Williamson said later. "This was conduct over an extended period in a very high-profile case."

Aware of those test results, Nifong pressed ahead with the case anyway and won indictments against Dave Evans, Reade Seligmann and Collin Finnerty. State prosecutors later concluded the three players were "innocent" victims of a rogue prosecutor's "tragic rush to accuse."

Nifong made "multiple, egregious mistakes" as he pursued the charges, but not intentionally, his attorney said in closing statements.

"It didn't click," Witt said as he tried to explain one of his client's errors. "His mind is just his mind. That's the way it works. It just didn't click."

Brocker said Nifong had to have known he was making improper comments to reporters. Nifong said he regretted some of his statements, including a confident proclamation that he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl."

He also focused on when Nifong learned about the full extent of the DNA test results and when he shared that information with the defense.

Nifong gave defense attorneys an initial report on the DNA testing in May 2006 that said private lab DNA Security Inc. had been unable to find a conclusive match between the accuser and any lacrosse players.

But lab director Brian Meehan testified this week that he told Nifong as early as April 10, 2006 — a week before Seligmann and Finnerty were indicted — about the more detailed test results.

Nifong testified that when he gave the defense the initial report, he "believed at the time that I had given them everything."

The disciplinary hearing committee had the choice of suspending Nifong's law license or taking it away entirely.

Nifong told the panel hearing the case Friday that he would resign from his post as Durham County district attorney over his handling of the rape charges.

The players' attorneys have pledged to seek criminal contempt charges next week in Durham.

[jschwartz]

It’s a reasonable guess that she’s a borderline personality-i.e. she tells stories like this because of a mental disorder of self abuse and lies primarily to get attention. That too was knowable by Nifong.

[toldyou]

“I’m happy that they will be able to get back to their lives of partying, under-aged drinking, and hiring strippers.”

I can tell you never went to college. At least not one like Duke. Partying, underage drinking and hiring strippers shouldn’t get anyone 30 years to life in jail.

[cherry]

here's a stat for you....ALL rapists claim they didn't do it or it was was "consensual"....ALL...that means 100%

now let me think ....100% IS a larger percentage than your "almost half" stupid meaningless statistic....so I guess what you are really saying is that rapists lie twice as often as those they rape....or claim rape.

[cherry]

"It’s a reasonable guess that she’s a borderline personality"

its a reasonable guess that she is a mental case with serious drug and alcohol problems, she should not have custody of her children..

I've maintained from the beginning that she cried rape because if she didn't they would have checked her drug screen and jailed her for violation of her probation.....instead, she was taken to a hospital and treated royally by all, including getting offered a free college education.....

she got a "get out of jail" free card, and Nifong let her pass "Go".....

[investigateworld]

I'm happy that they will be able to get back to their lives of partying, under-aged drinking, and hiring strippers. Not that there is anything wrong with that, since they are innocent of this charge.

Ayup, fact of life for normal males in that age range. And that's the way it's supposed to be. Not to mention us seniors doze off during their performances, which offends the strippers.

[toldyou]

“Not to mention us seniors doze off during their performances, which offends the strippers.”

LOL!

[Reeses]

stupid meaningless statistic

Here's a link about the study: 41% of rape allegations false by the complainant’s own admission

Note that Crystal Gail Mangum is not in that 41% since she never owned up to it. Sex crimes have the highest false accusation rate of any crime. The public usually goes with the most salacious story however for sex crimes the benefit of the doubt should be given to the accused, especially in cases where guilt is not absolutely clear.

It's a fact that sex crime accusers are very often liars. The public should consider that when these stories start.

[word_warrior_bob]

“Hello, my name is Mike Nifong, may I take your order?
How about “Hello, my name is Mike Nifong and I am an idiot, may I take your order?”

___

How about “Hi, I’m Mike Nifong your cellmate, cellie for short, if you protect me from being raped you can have my dessert every day”

Nifong should serve a LONG jail sentence, anything less than 20 years is a joke.

[randog]

I would hope that each of them (as well as Duke University) will be subjected to any and all manner of lawsuits for years to come!

It would be irresponsible to leave money like that just lying on the table. As a wise man once told me: "Don't get mad--take their money."

[FreedomPoster]

Duke settled pretty quickly, and as quietly as possibel, with the lacrosse coach, earlier this year, for an undisclosed amount.

I think this is a harbinger of things to come. They have a big checkbook, and they’re going to have to open it, and they’re smart enough to know it. They really don’t want to have to go through a discovery.

[kevinm13]

Nifong had a tremendous amount of power and wielded it unmercilessly on these 3 poor unfortunate students. Were they innocent? Probably not — in the biblical sense of the word innocent. Were they innocent of crimes that they were charged with, didn’t the evidence show that they should not have been charged? Yes — all the evidence suggests that. Should they have been charged or the case continue once the evidence created such doubt as to make the case virtually impossible to win in court with reasonable doubt. NO! This is where Nifong went way too far. He should have let them go once evidence was collected. Especially since that evidence did not implicate the 3 students.

Duke and the District Attorney’s office (Nifong) should cough up big bucks to compensate the students for the legal expenses and the year of their lives they will never get back from that nightmare created by Nifong.

District attorney’s offices should learn from this situation and not be allowed to use the state and the office to bully people in situations like this one.

[kevinm13]

Nifong had a tremendous amount of power and wielded it unmercilessly on these 3 poor unfortunate students. Were they innocent? Probably not in the biblical sense of the word innocent. Were they innocent of crimes that they were charged with, didn’t the evidence show that they should not have been charged? Yes all the evidence suggests that. Should they have been charged or the case continue once the evidence created such doubt as to make the case virtually impossible to win in court with reasonable doubt. NO! This is where Nifong went way too far. He should have let them go once evidence was collected. Espeically since that evidence did not implicate the 3 students.

Duke and the District Attorney’s office (Nifong) should cough up big bucks to compensate the students for the legal expenses and the year of their lives they will never get back from that nightmare created by Nifong.

District attorney’s offices should learn from this situation and not be allowed to use the state and the office to bully people in situations like this one.

[kevinm13]

Nifong had a tremendous amount of power and wielded it unmercilessly on these 3 poor unfortunate students. Were they innocent? Probably not in the biblical sense of the word innocent. Were they innocent of crimes that they were charged with, didn’t the evidence show that they should not have been charged? Yes all the evidence suggests that. Should they have been charged or the case continue once the evidence created such doubt as to make the case virtually impossible to win in court with reasonable doubt. NO! This is where Nifong went way too far. He should have let them go once evidence was collected. Especially since that evidence did not implicate the 3 students.

Duke and the District Attorney’s office (Nifong) should cough up big bucks to compensate the students for the legal expenses and the year of their lives they will never get back from that nightmare created by Nifong.

District attorney’s offices should learn from this situation and not be allowed to use the state and the office to bully people in situations like this one.

[USARight]

I can only wish that his family suffers for what this moron has done. He brought it on them, and now he can look at them and say: “I did this to you, for my OWN gain”.

Hey Mike - Happy Fathers Day

[astounded]

I personally think he should be hung from a lightpost in downtown Durham. Plus, all the leftist “perfessers” at Duke who signed the letter of condemnation (talk about judge, jury and executioner) against the 3 young men should be fired and blackballed from further left-wing indoctrination (I mean, “teaching”) at any university or college in the US. Wonder if Jesse Jackas* is still going to pay for the false “victim” to “go to college”....?

[blue-duncan]

What I find interesting here is every one saying “if he could do it to wealthy white boys who could afford a good defense, imagine what would happen if it was a poor minority person”. They forget, he did do it one; the cab driver who confirmed the alibi. I did nothear that in the Bars judgment.

[Eric Blair 2084]

bbbring, rrrrriiiingg

Secretary: Durham DA's office can I help you.

Butthead: Uuuuuhhh, can I like speak to the uuuuhhhhh...Dumb Ass, I mean DA please.

Secretary: What is this in reference to?

Butthead: Uuuuhhh, tell him I was, uuuuhhh...like...uuuuuhhhh a white kid who was raped by...uhh...like 3 black women.

Beavis: Oh, yeeah, yeah...eh, heh, heh...that's a good one butthead.

Secretary: Ok, hold on... (12 minutes later)

Secretary: Sorry. We don't handle those cases here. You'll have to go to Judge Wapner or Judge Judy with that case.

Butthead: Uuuuuuhhh, OK...uuuhhhh, uh, uhhh how about like... I was a black chick...who thinks she may have been...uh...like raped...or something... by like uhh, huhh 3 rich white guys.

Beavis: Eh, heh, heh, heh...yeah...eh, heh, white and eh heh, rich...eh, heh and tell them about the election for DA...eh heh.

Secretary: Hold on please. (1 second later)

Nifong: Mike Nifong speaking, how can I help you?

Butthead: Uuuuuhhh, I think I was like...raped...or something. By like some rich white dudes, and I'm like uhhhhh, black...or something....

Beavis: Yeah, eh, heh raped.

Nifong: OK, we'll file charges tomorrow.

Butthead: Oh, uuuuuhhhh, cool.

Beavis: Heh, eh, that was cool.

[PA-RIVER]

“Will the DNC now put him in the Party leadership?”

Excellent question!

What is most funny about the reporting of this story is I never see a (D) next to his name. Seems the press and the Rats have disowned him.

[PA-RIVER]

100 percent deny?

A few have their lawyers issue a statement of “NO COMMENT”.

AG of Arkansas , 20 years ago .... “Better put some Ice on that”.

Team Hillary, go, go go ....

[monday]

“Assume that you are Joe Lunchbox, a minority blue color Durham resident. Plaintiff is a white college boy with a bright future. How much do you give him for his year of hell? Million? Probably not.”

You are dreaming if you think Duke and Durham are going to get off cheap. That time has come and gone. Hell, these kids legal fees alone are going to be in the tens of millions by the time all the criminal, and civil cases and their respective appeals are completed.

I imagine both Duke and Durham are frantically trying to make a deal at this point, but as the article stated, there are still criminal charges to be decided. Even if Nifong avoids jail time on the prosecutorial misconduct and civil rights charges, it’s almost certain he will plead guilty to lesser charges in a plea bargain in order to do so.

This means that any civil charges brought by the kids will be a slam dunk. They are anyway, but the criminal charges will significantly up the damages. White kids or not, they are going to get millions each. If there is one thing Joe Lunchbox likes even more than slamming rich white kids, it's sticking it to the 'man'. The 'man' in this case is Duke University and Durham County. Faceless institutions are never as sympathetic in court as living human beings.

How much depends on how long they hold out. I would guess a couple of million each if they take a settlement right away, as much as 5 million each of they wait and settle after Nifong goes to trial on criminal charges, and who knows? anything from one to one hundred million if they refuse to settle and wait the ten to fifteen years for all the various trials and appeals to run their course.

Judicial awards in the US are more like lottery winnings than anything to do with justice. There is no logic to them. Your idea that a judge or jury will act rationally is painfully naive. In the US they hardly ever do.

The lawyers will make even more than the kids, whatever happens, but then thats the way it always is. The judicial system is rigged so that society always loses and lawyers always win.