Freeman is likely not bailing but negotiating for Nifong. He probably sees this as a case where a deal is in the best interest of the client.
Imagine if he could get Nifong a deal where he copped to the misleading statements, retired, gave up his license and was not officially found to have lied to the court or hidden evidence. That would salvage Nifong's rep as much as could be done, I think.
He said the complaint was about the Duke case and so he should step down. EXCEPT, the complaint was made in December and he should have stepped down then. He went on to take the Oath of Office. IF he benefits by taking that oath rather than leaving as "an appointee" I'd say it might constitute fraud. It may also speak to "Hey, Gov....you appointed the jerk". This is like the shell and pea game.