Posted on 06/26/2007 3:47:25 PM PDT by Mike Fieschko
DURHAM -- In further fallout from the Duke lacrosse sex-offense case, former District Attorney Mike Nifong will undergo a civil removal hearing on Thursday unless he accelerates his projected resignation date of July 13, Durham's top judge said Monday.
Superior Court Judge Orlando F. Hudson said a deputy sheriff attempted to serve the hearing notice at Nifong's November Drive home Monday evening, but Nifong's wife -- Cy Gurney -- would not accept it.
The deputy then posted the notice on Nifong's door, according to Hudson.
"That's proper service as far as I'm concerned," the judge added.
Attempts to reach Raleigh lawyer Robert Zaytoun, appointed by Hudson as a special prosecutor for the removal hearing, were unsuccessful Monday.
The State Bar ruled June 16 that Nifong should be stripped of his law license for mishandling the lacrosse case, which ended in April with a declaration by N.C. Attorney General Roy Cooper that three players were innocent of assaulting an exotic dancer during an off-campus party last year.
In declaring the players' innocence, Cooper rebuked Nifong for rushing to judgment against them, since Nifong had no incriminating DNA evidence and because the accuser had provided inconsistent and contradictory stories.
In an oral disbarment order, the State Bar found June 16 that Nifong had made unethical and inflammatory media comments about the case in its infancy, and that he had withheld DNA evidence favorable to the players and had lied about it.
Lawyer Lane Williamson, chairman of the State Bar's Disciplinary Hearing Commission, branded the highly publicized incident a "fiasco."
Nifong promptly announced his resignation, effective July 13.
Hudson said July 13 wasn't soon enough and suspended Nifong with pay a week ago today.
Depending on the outcome of Thursday's removal hearing, the judge could permanently oust Nifong and stop his pay.
Meanwhile, Gov. Mike Easley appointed former District Attorney Jim Hardin Jr. as Durham's interim chief prosecutor until a permanent replacement for Nifong is found. Hardin was sworn in by Hudson on Thursday.
Hardin temporarily stepped away from a Superior Court judgeship to reclaim his old position.
Until Nifong's situation is resolved, taxpayers will be footing the six-figure salaries of two district attorneys: Nifong and Hardin, since Nifong's temporary suspension is with pay.
Thursday's removal hearing against Nifong was requested by local activist Beth Brewer, who also participated in an unsuccessful effort to oust him at the ballot box in November.
Sometimes using the words of others, Brewer said in a written petition that Nifong should be removed because he engaged in "willful misconduct" with the lacrosse case, and because he is a "tyrannical and abusive" prosecutor who brought his office into disrepute and embarrassed the entire state.
"There can be no faith in our justice system with a district attorney who, in a very public case, conspires to withhold exculpatory evidence and repeatedly makes misrepresentations and false statements to the court and opposing counsel," Brewer wrote.
Thursday's hearing isn't the only potential legal trouble facing Nifong.
Also pending is a motion asking that he be held in criminal contempt of court for his handling of the lacrosse case.
That motion was filed late last week by lacrosse case defense lawyers. If granted, it could result in jail time for Nifong, who was an assistant Durham prosecutor for 27 years and took over as chief district attorney in 2005.
Yep.
The deputy then posted the notice on Nifong's door, according to Hudson.
"That's proper service as far as I'm concerned," the judge added.
Yup.
Captain Obvious strikes again
IIRC, she is the Guardian ad-Litem and her office is in the very same Courthouse.....
As they say in NYC, “Nail and wail” service.
No doubt. “That’s proper service, as far as I’m concerned,” is a strong indication that the judge is not willing to get the niceties of civil procedure get in the way of the “case.” Collect your things, Nifong.
I think every case Nifong ever prosecuted should be reviewed.
Don’t equate service with ‘intimidation’, as all parties involved know that these things will happen.
And yes, defense attorney’s are surely reviewing Nifong’s past cases in search of....money and whatever other injustices may have occurred
Indeed...it's only the beginning of a litigation nightmare for the treacherous Nifungus. By the time the mothers of those upstanding, young Lacrosse players are through setting their ten commandments in his face, he's gonna look like the remains of a Gillette Mach 7 blade malfunction...
I’m not allowed to copy this cartoon here, but the link should work:
http://editorialcartoonists.com/cartoons/DraugD/2007/DraugD20070623_low.jpg
Sounds like the deputy read Martin Luther's biography. LOL!
My point is to the uninitiated being served carried a modicum of anxiety with it.
The State Bar ruled June 16 that Nifong should be stripped of his law license for mishandling the lacrosse case, which ended in April with a declaration by N.C. Attorney General Roy Cooper that three players were innocent of assaulting an exotic dancer during an off-campus party last year.
Insufficient for using the power of the state to willfully destroy the lives of these young men.
July 13? How can he serve for a month after disbarment?
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