http://washingtontimes.com/national/200701...10503-6875r.htm
Duke prosecutor's troubles mount
By Jerry Seper
THE WASHINGTON TIMES
Published January 25, 2007
The North Carolina prosecutor who targeted three Duke lacrosse players on sexual assault and kidnapping charges was named yesterday on new ethics violations, accused of withholding DNA evidence from defense attorneys and misleading the court.
The new and more serious charges are in addition to an earlier complaint by the North Carolina State Bar accusing Durham County District Attorney Michael B. Nifong of "dishonesty, fraud, deceit or misrepresentation" in public comments about the case, which he "knew or reasonably should have known would have a substantial likelihood of materially prejudicing" the investigation.
Yesterday the State Bar said Mr. Nifong also made "false statements of material fact or law" to the court regarding his case against Collin Finnerty, 20, of Garden City, N.Y.; Reade W. Seligmann, 20, of Essex Fells, N.J.; and David F. Evans, 23, of Annapolis, and failed to make a "timely disclosure to the defense of all evidence or information known to him that tends to negate the guilt of the accused."
"The allegations in the amended complaint speak for themselves," said L. Thomas Lunsford II, the State Bar's executive director, although he declined to elaborate. He said only the new charges "relate to circumstances" that surfaced after the state bar's grievance committee filed the original complaint."
snip
http://www.nytimes.com/2007/01/25/us/25duke.html?ref=us
January 25, 2007
More Ethics Charges Brought Against Official in Duke Case
By DUFF WILSON
The North Carolina State Bar filed a second, more serious round of ethics charges yesterday against the district attorney in Durham, N.C., accusing him of “systematic abuse of prosecutorial discretion” in the sexual assault case against three former members of the Duke University lacrosse team.
The bar complaint said the district attorney, Michael B. Nifong, had illegally withheld DNA evidence from defense lawyers and then intentionally misled the presiding judge and bar officials about doing so.
The new charges added to a previous ethics complaint accusing Mr. Nifong of making false and prejudicial remarks about the case to the news media. A three-member independent panel is expected to hear the matter against him this summer. Penalties could include disbarment.
Mr. Nifong’s lawyer, David B. Freedman, denied yesterday that there had been “any sort of intentional unethical conduct.” In a telephone interview, Mr. Freedman said that Mr. Nifong had a “flawless record” for ethics in 28 years as a prosecutor and that a written response, to be issued within 30 days, would give his side of the case.
“I have great confidence the panel will render a fair and just verdict,” Mr. Freedman said.
The case against the former players is being reviewed by the state attorney general’s office, which took it over from Mr. Nifong after he recused himself on Jan. 12. At the time, he said he faced a conflict of interest between prosecuting the case and defending himself against the first set of ethics charges, filed Dec. 28.
snip