Duke DA Apologizes to Lacrosse PlayersState Bar Hearing Friday
By Tamara Gibbs
(04/12/07 — DURHAM) - The local prosecutor who charged three Duke lacrosse players with raping a stripper apologized Thursday, acknowledging the decision of state prosecutors to dismiss all charges against them was correct.
“I also understand that whenever someone has been wrongly accused, the harm caused by the accusations might not be immediately undone merely by dismissing them,” Nifong said. “It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases.”
Nifong refused to answer any questions after handing the statement to an Associated Press reporter outside his office in Durham.
State Bar Hearing Set for Friday
District Attorney Mike Nifong is still in the fight for his job. Friday, the troubled prosecutor’s lawyers will try to convince the State Bar to drop some of the ethics charges against him.
Nifong’s official hearing isn’t until June, but his attorney’s will make oral arguments specifically relating to allegations he withheld DNA evidence.
The motion Nifong’s attorneys filed last month requested some of his ethics charges be dropped. The State Bar prosecutors fired back, dismissing his explanation for withholding DNA evidence. The debate will play out Friday during a hearing.
During a press conference Wednesday, Attorney General Roy Cooper scolded Nifong’s actions during the Duke lacrosse investigation. “There were many points in the case where caution would have served justice better than bravado,” Cooper said.
Nifong returned to work Thursday, but declined requests for an interview. His attorney, David Freedman, responded. “I would ask the same people who are accusing Mr. Nifong of rushing to judgment to not rush to judgment as well.”
Nifong has acknowledged he’s made several inappropriate comments to the media early on in the case. He’s said he never intended to mislead the public, but Friday DNA evidence will take center stage. Evidence Nifong’s lawyers say he handed over well before a trial date was set.
Defense attorney Joseph Chesire says he doubts that excuse will save the DA’s job and unblemished record until now. “His explanations for the DNA are kind of like the false accuser in this particular cases story. They are ever-evolving and ever-changing to meet the circumstances that are presented at the time,” Chesire said.
There’s a chance the State Bar could make a decision whether to dismiss some of the ethics charges during Friday’s hearing.
Councilman Thomas Stith says Nifong’s immediate resignation would be in his best interest and in the best interest of the community.
Duke law professor James Coleman says state Attorney General Roy Cooper’s criticism of Nifong yesterday made it clear the prosecutor had no basis to charge David Evans, Collin Finnerty and Reade Seligmann.
Wow. I’m surprised.