Also see the editorial in today's Duke Chronicle at: http://www.dukechronicle.com/media/storage/paper884/news/2007/01/10/Editorial/Nifong.Make.The.Right.Move-2616541.shtml?norewrite200701100939&sourcedomain=www.dukechronicle.com
Nifong: Make the right move
Posted: 1/10/07
The lacrosse debacle came to a new peak in December, as Durham District Attorney Mike Nifong dropped rape charges against the three indicted members of the 2005-2006 men's lacrosse team Dec. 22.
The case seemed to have been falling apart in Nifong's hands in the preceding months for myriad reasons: two negative DNA tests, evidence from the defense indicating that at least one of the accused was not even at the party at the time of the alleged rape, skepticism about the legality of the lineup in which the accused stood, and a North Carolina State Bar investigation of the district attorney's actions.
Then, the alleged victim reneged on her original testimony, saying she actually wasn't sure a rape had occurred.
And with that, the rape charges were gone.
Two charges still stand: kidnapping and sexual offense. We have yet to see whether or not these will be found to hold any truth. But there is one other aspect of the case that now must go, and that's Nifong.
It is now clear-glaringly clear-that the district attorney had made egregious errors in his handling of the case.
Worse, it seems that he made some of these errors consciously. Not only did he brazenly condemn the lacrosse players as "hooligans" in the media and proclaim their guilt even before DNA tests or any other thorough investigation had been conducted, but also, as the testimony of Dr. Brian Meehan in early December showed, Nifong also took steps to keep exculpatory evidence from the defense.
McCarthy-esque overzealousness in the public spotlight evolved into what many now perceive as intentional malice.
The bottom line, however, is that whether a matter of intention, perception or misstep, what Nifong did is inexcusable. From his early accusatory remarks to his handling of DNA tests and the lineup, he has made mistake after mistake, tripping down the ugly path of this case.
In the process, Nifong has fed the fire of an already chaotic media circus and cast a dark shadow over Durham, at least in the national eye.
Now, he must step away from the case-and be forced to do so if he refuses. It is clear that he cannot be objective, that he cannot be a fair asset in the legal process.
For the sake of all parties involved-the accused, the accusers, Duke and Durham-It is time for the case to be placed in someone else's hands, someone the public can trust.
If there is truth in the remaining charges and whatever evidence Nifong has can prove it, the case will stand up in court under the eye of a new prosecutor. If this is not the case, we will soon see that Nifong may have performed more poorly than we even now think.
But outcomes have yet to be determined. The crucial move now is that of taking Nifong away from Duke lacrosse, out of the fray. Only then can this case move forward in an honest light.
Mr. Nifong, have you no decency? If you do, take the first good stand you have thus far in the case, and pass it on to a party more objective, fair and just than yourself.
IMHO, NiFong was primarily prosecuting this case solely for his own political career. Use it as steppingstone to the governor's mansion ala, Spitzer..........