THE HOT JOINTS » Duke Case

Mike Nifong Files For Bankruptcy

Chris Jones — Wed, 16 Jan 2008 01:09:59 +0000

Disgraced and disbarred, Mike Nifong is now bankrupt. The former North Carolina prosecutor, whose career imploded with his botched handling of the Duke University rape case, today filed for bankruptcy, listing liabilities in excess of $180 million!

A summary schedule from Nifong’s Chapter 7 petition can be found HERE

-Chris Jones

Duke Lacrosse Players Sue Nifong, City

Chris Jones — Fri, 05 Oct 2007 18:46:33 +0000

From the AP:

Three former Duke lacrosse players falsely accused of rape filed a federal lawsuit Friday against disgraced prosecutor Mike Nifong, the city of Durham and the police detectives who handled the investigation.

The lawsuit calls the criminal case against Reade Seligmann, Collin Finnerty and Dave Evans “one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history.”

The lawsuit seeks unspecified punitive and compensatory damages, attorneys fees and numerous reforms to the way the Durham Police Department handles criminal investigations.

There is a very good article that Chris Jones our Editor-In-Chief wrote about Mike Nifong for Broowaha Houston. Everyone should check it out!

-Samantha Giles

Turning The Tables: Duke DA Reports To The Clink

Chris Jones — Fri, 07 Sep 2007 20:55:51 +0000

Disgraced, dishonest, deceptive, and disbarred former Durham, NC District Attorney Mike Nifong was treated to a little dose of Karma today as he was sent to jail. There is something so sweet about a guy who spent the better part of his life putting others in jail, is now himself enjoying a little jail time.

Nifong was ordered to serve 1-day in jail after he was found guilty of lying to the court and subsequently held in contempt of court. The charges against Nifong stem from his disastrous handling of the Duke rape case.

-Chris Jones

Judge Sends Duke Prosecutor to Jail

Chris Jones — Sat, 01 Sep 2007 20:34:24 +0000

DURHAM, N.C. (AP) – From the day he took over the Duke lacrosse rape case, Durham County District Attorney Mike Nifong charged forward with a strident determination that the guilty would end up in jail. Ultimately, the since-disgraced former prosecutor only succeeded at putting himself behind bars.

Nifong was sentenced Friday to a single day in jail, having been held in criminal contempt of court for lying to a judge during his pursuit of rape charges against the three falsely accused lacrosse players.

Superior Court Judge W. Osmond Smith III could have sentenced Nifong, who had already been stripped of his law license and had resigned from office, to as many as 30 days in jail and given him a fine as high as $500. Instead, he opted for a largely symbolic punishment—the public humiliation of sending a prosecutor to jail—that he said would help protect the integrity of the justice system.

“If what I impose with regard to Mr. Nifong would make things better or different for what’s already happened, I don’t know what it would be or how I could do it,” Smith said.

It was the latest in a line of punishments for a broken man who once confidently trumpeted to anyone within earshot that a woman hired to perform as a stripper at a March 2006 lacrosse team party had been raped.

State prosecutors—who took over the case when Nifong recused himself in January amid ethics charges—dropped charges against players Reade Seligmann, Collin Finnerty and David Evans in April. In a stinging rebuke, North Carolina Attorney General Roy Cooper called them innocent victims of Nifong’s “tragic rush to accuse” and said there was no credible evidence a crime had occurred.

Two months later, Nifong was disbarred for more than two dozen violations of the state’s rules of professional conduct, including withholding exculpatory DNA evidence and making numerous inflammatory comments about the lacrosse players to the media.

Nifong, who was ordered to report to jail at 9 a.m. next Friday, showed no visible reaction when Smith handed down the sentence, and left the courtroom with his wife. Defense attorney Jim Glover declined to comment after the hearing.

“None of us take any joy in what happened today or what is going to happen to Mr. Nifong in a week,” said Jim Cooney, one of Seligmann’s defense attorneys. “But it was the inevitable outcome of a lot of actions.”

Duke’s highly ranked lacrosse team was initially vilified, as Nifong—in his first political campaign for district attorney—told voters he wouldn’t allow Durham to become known for “a bunch of lacrosse players from Duke raping a black girl.” He won indictments against the three players, but it soon became clear Nifong’s evidence was pitifully weak.

The North Carolina State Bar disciplinary committee later concluded Nifong manipulated the case to boost his chances at the ballot box, adding he continued to pursue it even when it was apparent the defendants were innocent.

“Do I feel sorry for him? I feel sorry for his family,” said defense attorney Joseph Cheshire, who represented Evans. “I think what he did was willful and intentional and damaged seriously this state and the lives of these boys and their families. I don’t feel sorry for Mike Nifong. Sorry if that sounds cruel, but I don’t.”

Reading his contempt decision from the bench minutes after the conclusion of two days of testimony, Smith said Nifong “willfully made false statements” to the court in September when he insisted he had given defense attorneys all results from a critical DNA test.

In fact, Smith found, Nifong had provided the defense with a report on the DNA testing that he knew was incomplete. The omitted data contained test results showing that DNA of multiple men, none of whom were lacrosse players, was found on the accuser.

Kevin Finnerty, Collin’s father, said the family would have accepted any sentence Smith thought appropriate.

“It’s not a happy day for us, but we’re thrilled the system works, that justice has happened, and we’re moving on,” he said.

Taking the stand in his own defense, Nifong insisted Friday he didn’t intentionally lie about whether he had turned over the DNA evidence. But he acknowledged the report he gave defense attorneys was incomplete.

“I now understand that some things that I thought were in the report were in fact not in the report,” Nifong said. “So the statements were not factually true to the extent that I said all the information had been provided.”

A defense attorney found the omitted data amid 2,000 pages of documents Nifong gave the defense months after the initial report. Nifong said that by the time he realized the data wasn’t contained in that report, “it had been corrected. The defendants already had it.”

“It was never my intention to mislead this or any other court,” Nifong said. “I certainly apologize to the court at this time for anything I might have said that was not correct.”

[AP]

Nifong Admits: No Crime in Lacrosse Case

Chris Jones — Thu, 26 Jul 2007 19:58:26 +0000

DURHAM, N.C. (AP) – Disgraced former prosecutor Mike Nifong acknowledged Thursday there is “no credible evidence” that three Duke lacrosse players committed any of the crimes he accused them of more than a year ago, offering for the first time a complete and unqualified apology.

“We all need to heal,” Nifong said. “It is my hope we can start this process today.”

Nifong’s apology came as a judge began considering whether to hold the former Durham County district attorney in criminal contempt of court for his handling of the case.

Superior Court Judge W. Osmond Smith III has already concluded there is probable cause to believe Nifong “willfully and intentionally made false statements of material fact” to the court during a hearing in the case last fall. If he finds Nifong in contempt after an Aug. 30 hearing, the now-disbarred former prosecutor could face up to 30 days in jail.

The case started with a woman’s allegations that she was raped at a March 2006 lacrosse team party where she was hired as a stripper. Nifong won indictments against three team members, but the charges were later dropped, and state Attorney General Roy Cooper went a step farther by declaring the three men innocent victims of Nifong’s “tragic rush to accuse.”

On Thursday, Nifong apologized.

“I agree with the attorney general’s statement that there is no credible evidence that Mr. Seligmann, Mr. Finnerty or Mr. Evans committed any of the crimes for which they were indicted—or any other crimes against (the accuser)—during the party,” Nifong said. He declined to comment further after the hearing, as did his attorneys.

Attorneys for the three falsely accused players, who had previously rejected Nifong’s attempts to make amends, accepted his apology. None of the three players was in court.

“For many months, we have sought a real and meaningful apology from Mr. Nifong, for the pain he has caused these families and these young men, the entire Duke lacrosse team, the state of North Carolina and others,” said attorney Joseph Cheshire.

“We are very appreciative that Mr. Nifong decided to do that today,” he said. “We don’t deny it was a difficult thing.”

The men’s attorneys had asked Smith to hold Nifong in contempt for telling the court he had provided the defense complete results from DNA testing when he had not.

Nifong learned in April 2006 the laboratory found genetic material from multiple males on and about the accuser, but none from the lacrosse players. He didn’t provide that information to the defense until October, and only then in the form of nearly 2,000 pages of raw DNA test data.

A disciplinary hearing committee of the state bar stripped Nifong of his law license last month after finding he had committed more than two dozen violations of the state’s rules of professional conduct during the case.

Two of the wrongly accused men, Collin Finnerty and Reade Seligmann, declined invitations to return to Duke; Finnerty plans to attend Loyola of Maryland this fall, and Seligmann plans to attend Brown University. The third, Dave Evans, graduated the day before he was indicted.

___

The text of Nifong’s apology:

“With the court’s permission, I would have a brief statement:

The last 16 months have proven to be a difficult and painful journey for my family and for myself. I know this has also been a difficult and painful journey for Reade Seligmann, Collin Finnerty and David Evans, for their families, for Durham and for the state of North Carolina.

We all need to heal. I believe, however, that this healing process cannot truly begin until all proceedings involving this matter are concluded and everyone is able to go forward. I have resigned my position as Durham’s district attorney as a part of this process.

I have read the report released by the attorney general, including his recitation of evidence I did not have—evidence that he obtained from his own investigation.

I agree with the attorney general’s statement that there is no credible evidence that Mr. Seligmann, Mr. Finnerty or Mr. Evans committed any of the crimes for which they were indicted—or any other crimes against (the accuser)—during the party that occurred on March 13th and 14th, 2006, at North Buchanan Boulevard in Durham.

Mr. Seligmann, Mr. Finnerty and Mr. Evans were entitled to the presumption of innocence when the were under indictment. Surely they are entitled to more than that now as they go forward for the rest of their lives, and that is what the attorney general tried to give them in his declaration that they are innocent.

I have admitted on more than one occasion that I have made mistakes in the prosecution of these cases. For that, I sincerely apologize to Mr. Seligmann, Mr. Finnerty, Mr. Evans and to their families.

It is my hope that all of us can learn from the mistakes in this case, that all of us can begin to move forward. It is my hope that we can start this process today.

Thank you, your honor.”

[AP]

Embattled Duke Rape Case Prosecutor Mike Nifong Could Get Jail Time

Chris Jones — Fri, 22 Jun 2007 20:39:09 +0000

Beleaguered and disbarred former District Attorney Mike Nifong, who prosecuted the Duke University lacrosse rape case, could wind up in jail if a motion is granted asking that criminal charges be filed against him.

The three Duke lacrosse players falsely accused of rape by an exotic dancer filed the motion Friday against the ex-Durham County district attorney who built the case against them.

The 42-page motion asked the judge to hold Nifong in criminal contempt of court — particularly in his withholding of pertinent DNA evidence that would have cleared the college students — and to impose sanctions against him. If granted, the prosecutor could land in prison.

There was no word on when the Superior Court judge would hand down a decision.

After accuser Crystal Mangum alleged that Reade Seligmann, Collin Finnerty and Dave Evans had raped her at a party and physical evidence was collected from her in March 2006, Nifong “began a pattern of official misconduct regarding DNA evidence in this case that violated nearly every rule and law … designed to protect due process and the pursuit of truth in criminal investigations and prosecutions,” the motions states.

DNA was found from multiple and as-yet unidentified males — but no semen — and Nifong “misled the public by suggesting condoms were used by the alleged attackers and that there was no DNA evidence discovered for comparison purposes,” the defendants argue. The accuser said repeatedly in her statements that the alleged attackers hadn’t worn condoms, the motion states.

The players, who have been exonerated, are also asking for financial reimbursement from Nifong to cover the extensive legal fees and other costs of defending themselves in the case.

The request was filed to Superior Court Judge W. Osmond Smith III, who oversaw a pair of hearings last year during which Nifong answered questions from the court about critical DNA test results ordered by his office. That testing identified genetic material from several men — but no members of the lacrosse team — in the accuser’s underwear and body.

Nifong knew about those test results in April 2006, but didn’t give the information to defense attorneys until more than six months later. Even then, it came in the form of nearly 2,000 pages of raw data that took a defense attorney dozens of hours to decipher.

“When the defendants finally discovered the withheld exculpatory evidence in December of 2006, Mr. Nifong then told multiple different stories about what he knew, when he knew it, and why the evidence was withheld,” the defense request said.

Last year, Nifong unrelentingly pushed an investigation into a woman’s claim she was raped at a lacrosse team party where she had been hired to perform as a stripper. He won indictments against Seligmann, Finnerty and Evans for rape, kidnapping and sexual offense.

He eventually recused himself after being charged with several ethics violations, and state prosecutors later declared the three players innocent.

“Each one of Mr. Nifong’s stories is demonstrably incredible and contradicted by the other, as well as the record evidence in the subject,” the defense request said.

“Mr. Nifong’s pattern of prosecutorial misconduct regarding the DNA evidence in this case is so extensive — and occurred across so much time and on so many different fields of legal and ethical obligation — that the sheer scope of it shocks the conscience and defies any notion of accident or negligence.”

Nifong was disbarred last Saturday for breaking more than two dozen rules of professional conduct in his handling of the Duke lacrosse rape case. He said in a letter released Monday that he would leave office July 13.

Duke suspended Seligmann, Finnerty and Evans after they were charged with raping the dancer at an off-campus party. The university also canceled the team’s season and their coach, Mike Pressler, was forced to resign. The players’ families racked up millions of dollars of legal bills in their defense.

Last week, Duke said it had reached an undisclosed financial settlement with the three former lacrosse players.

The rape allegations were debunked in April by state prosecutors, who said the players were the innocent victims of Nifong’s “tragic rush to accuse.” Nifong dropped the rape charge in December but still forged ahead with sexual assault and attempted kidnapping charges.

On Thursday, North Carolina Gov. Mike Easley signed legislation that grants him the authority to remove any district attorneys or judges who lose their law license. While the law was crafted partially because of Nifong, it will likely be moot in his case.

Before Easley can act under the law, the North Carolina State Bar must issue its disbarment order in writing.

On Tuesday, lawmakers unanimously approved that legislation. Representatives in the House voted 116-0 in favor of the bill. It then went to the Senate, which signed off on minor changes made in the house after already approving it unanimously in early April.

Also Tuesday, Superior Court Judge Orlando Hudson suspended Nifong with pay. The county sheriff, who immediately stripped Nifong of his badge and the keys to his office, was ordered to prevent Nifong from carrying out any duties of the office.

“There is probable cause to believe that the district attorney has engaged in willful misconduct in office and conduct prejudicial to the administration of justice, which brings the office into disrepute,” Hudson wrote in his order.

There was no word on whom Easley will choose to fill Nifong’s shoes. But Durham County’s former district attorney, Jim Hardin, was sworn in Thursday as a temporary replacement.

Easley chose Hardin as interim district attorney, a job Hardin held from 1994 to 2005 before becoming a judge. Easley plans to name a permanent replacement later.

“There was no reason for me to tell him no, and there were a lot of reasons for me to agree to come back and do whatever I can to help this office and move this office forward,” Hardin said after being sworn in on Thursday.

He would not comment specifically on the lacrosse case, saying only that he hoped to restore credibility and integrity to an office tarnished by Nifong’s misconduct.

Hardin said he expects to hold the job for 30 to 60 days, though he said it was “a very fluid timeline.” He resigned his judgeship but expects to return to the bench.

In the midst of his investigation, Nifong beat two challengers in the May 2006 Democratic primary for district attorney and later won the office in the November general election.

[FOX News]

Mike Nifong And Prosecutors Gone Wild

Chris Jones — Tue, 19 Jun 2007 02:50:18 +0000

I have to admit that watching Mike Nifong get disbarred was really a beautiful thing. To watch a man who spent his entire life prosecuting others who now finds himself the one being prosecuted is what “sticking it to the man” is all about.

The sad truth is that Nifong’s outrageous and illegal behavior is not as uncommon as people may believe. We have prosecutors all over this country who care more about appearing to be “tough on crime” to the voters than about actual justice.

We are building new jails and prisons in nearly all 50 states as fast as they can be built to deal with chronic overcrowding. That is because people are being sentenced to jail and prison at an unprecedented rate. This is not because the U.S. is suddenly experiencing an explosion in crime, but a direct result of D.A.’s who want to rack up as many convictions as they possibly can before election season rolls around.

The only reason the young men in the Duke case were able to keep themselves from being railroaded right into prison is because they had the money to defend themselves. The legal bills for the three duke lacrosse players totaled more than 1 million dollars each. If all you can afford is a public defender then I guess your just out of luck.

What happened to those boys could happen to anyone at anytime. It doesn’t have to be a rape accusation it could be anything, but a D.A. playing fast and loose with the truth could easily rob you of your reputation, your livelihood, and your freedom.

I think it’s a serious mistake to make D.A.’s and Judges elected officials, because these people are far to powerful to allow politics to be involved in there decision making. Its impossible for politics not to play a role in legal matters when the public can take your job from you if they don’t like a decision by simply not re-electing you.

Most recently politics reared its ugly head in the courtroom during the Paris Hilton case. The judge wanted to “make an example” out of Paris and look like some kind of sick hero to the community. So he gave her jail time and way more jail time than anyone else convicted of her crime. That is a fact look it up. Then the political firestorm that erupted after Hilton’s early release caused her to actually be put back in jail. So then a human being in this case Paris Hilton was caught in the middle of a contest between the Sheriff and the Judge to see who’s (fill in the blank) is bigger.

Any elected official who tells you that politics never play a role there decisions is quite simply lying to you. Forget that it was the Duke players or Paris Hilton, because the next time things get political it could be your life on the line.

I have always been suspicious of someone who would choose to put people in prison for a living, but Mike Nifong serves as a reminder that I have every reason to be suspicious and so do you.

By Chris Jones
Editor-In-Chief
The Hot Joints

Duke Reaches Settlement With Players

Chris Jones — Mon, 18 Jun 2007 19:40:22 +0000

DURHAM, N.C. (AP) – Duke University has reached an undisclosed financial settlement with three former lacrosse players falsely accused of rape, the school said Monday. Reade Seligmann, Collin Finnerty and Dave Evans were indicted last year on charges of rape, kidnapping and sexual offense after a woman told police she was attacked at a March 2006 team party where she was hired to perform as a stripper. Duke suspended all three, canceled the team’s season and forced their coach to resign.

The allegations were debunked in April by state prosecutors, who said the players were the innocent victims of a “tragic rush to accuse” by Durham County District Attorney Mike Nifong. He was disbarred Saturday for breaking more than two dozen rules of professional conduct in his handling of the case.

The players’ families racked up millions of dollars of legal bills in their defense, and appear likely to file a lawsuit against Nifong.

Duke said in a statement that it had reached a private settlement with each former student after determining “it is in the best interests of the Duke community to eliminate the possiblity of future litigation and move forward.”

This is a breaking news update. Check back soon for further information. AP’s earlier story is below.

[AP]

NIFONG DISBARRED

Chris Jones — Sat, 16 Jun 2007 23:04:16 +0000

RALEIGH, N.C. (AP) – District Attorney Mike Nifong will be disbarred for his disastrous prosecution of three Duke University lacrosse players falsely accused of rape, a disciplinary committee decided Saturday. Even the veteran prosecutor said the punishment was appropriate.

“This matter has been a fiasco. There’s no doubt about it,” said committee chairman F. Lane Williamson.

Nifong sat motionless, one hand resting over his mouth, as Williamson recounted how he engaged in dishonest and deceitful conduct. He said Nifong’s early comments about the case—which included a confident proclamation that he wouldn’t allow Durham to become known for “a bunch of lacrosse players from Duke raping a black girl”—were purposefully designed to boost his campaign for district attorney.

“At the time he was facing a primary, and yes, he was politically naive,” Williamson said. “But we can draw no other conclusion that those initial statements he made were to further his political ambitions.”

Nifong will not appeal the punishment, his lawyer said.

“He hopes this helps restore some of the confidence in the criminal justice system of North Carolina,” said attorney David Freedman.

“On one hand, it’s very devastating. On the other hand, he’s been going through this process for a long time, so you always have some semblance of relief when the process is over with regardless of the outcome.”

The North Carolina State Bar charged Nifong with breaking several rules of professional conduct, including lying to both the court and bar investigators and withholding critical DNA test results from the players’ defense attorneys.

The committee, after deliberating for a little more than an hour on Saturday, unanimously agreed with the bar on almost every charge—including the most serious allegations—that Nifong’s actions involved “dishonesty, fraud, deceit and misrepresentation.”

State Bar prosecutor Douglas Brocker told the committee that as Nifong investigated the allegations that a stripper was raped and beaten at a March 2006 party thrown by Duke’s lacrosse team, he charged “forward toward condemnation and injustice,” weaving a “web of deception that has continued up through this hearing.”

“Mr. Nifong did not act as a minister of justice, but as a minister of injustice,” Brocker said.

The verdicts and the punishment did not appear to surprise Nifong, who acknowledged during sometimes tearful testimony Friday that he would likely be punished for getting “carried away a little bit” when talking about the case.

During Saturday’s closing arguments, Williamson repeatedly interrupted Nifong’s attorney, Dudley Witt, as he discussed the DNA testing.

Williamson questioned why it took several months for the defense to get DNA test results that found genetic material from several men in the accuser’s underwear and body, but none from any lacrosse player.

“It wasn’t just one little oversight,” Williamson said later. “This was conduct over an extended period in a very high-profile case.”

Aware of those test results, Nifong pressed ahead with the case anyway and won indictments against Dave Evans, Reade Seligmann and Collin Finnerty. State prosecutors later concluded the three players were “innocent” victims of a rogue prosecutor’s “tragic rush to accuse.”

Nifong made “multiple, egregious mistakes” as he pursued the charges, but not intentionally, his attorney said in closing statements.

“It didn’t click,” Witt said as he tried to explain one of his client’s errors. “His mind is just his mind. That’s the way it works. It just didn’t click.”

Brocker said Nifong had to have known he was making improper comments to reporters. Nifong said he regretted some of his statements, including a confident proclamation that he wouldn’t allow Durham to become known for “a bunch of lacrosse players from Duke raping a black girl.”

He also focused on when Nifong learned about the full extent of the DNA test results and when he shared that information with the defense.

Nifong gave defense attorneys an initial report on the DNA testing in May 2006 that said private lab DNA Security Inc. had been unable to find a conclusive match between the accuser and any lacrosse players.

But lab director Brian Meehan testified this week that he told Nifong as early as April 10, 2006—a week before Seligmann and Finnerty were indicted—about the more detailed test results.

Nifong testified that when he gave the defense the initial report, he “believed at the time that I had given them everything.”

The disciplinary hearing committee had the choice of suspending Nifong’s law license or taking it away entirely.

Nifong told the panel hearing the case Friday that he would resign from his post as Durham County district attorney over his handling of the rape charges.

The players’ attorneys have pledged to seek criminal contempt charges next week in Durham.

[AP]

N.C. State Bar: Nifong Guilty of Ethics Violations

Chris Jones — Sat, 16 Jun 2007 19:31:16 +0000

Durham County District Attorney Mike Nifong has been found guilty by the North Carolina State Bar for a battery of ethics violations in the Duke Lacrosse case.

Nifong is expected to be disciplined as early as today. His punishment could range from a written reprimand to disbarment. He already announced Friday his intention to resign as district attorney.

With that, the long saga of what was once known as the Duke Lacrosse rape scandal is over. Nifong’s conviction was widely anticipated as justice for the three players who were indicted in spring 2006 on charges of rape, kidnapping, and sexual offense.

In April, the three were cleared of all charges and declared innocent by the attorney general of North Carolina.

All three exonerated Duke Lacrosse players — Reade Seligmann, David Evans and Collin Finnerty — were in the courtroom Saturday with their families. They listened intently as the decisions were read but showed little emotion.

Specifically, the bar’s three-member disciplinary panel unanimously found Nifong guilty of fraud, dishonesty, deceit or misrepresentation; of making false statements of material fact before a judge; of making false statements of material fact before bar investigators, and of lying about withholding exculpatory DNA evidence.

Nifong had been charged with seven counts of violating the rules of professional conduct that govern attorney conduct in North Carolina.

During closing arguments attorney Doug Brocker of the North Carolina State Bar said Nifong engaged in a “systematic abuse of prosecutorial power and discretion in the Duke Lacrosse case.”

“Mr. Nifong did not act as a minister of justice, but as a minister of injustice,” Brocker added.

Brocker argued that the central motive for Nifong’s decision to prosecute the case was winning a tightly contested election for district attorney. Just after the first indictments in the case, Nifong won a May 2 Democratic primary by a margin of 3 percent.

In his closing statements, Nifong’s attorney Dudley Witt admitted that Nifong made committed “egregious mistakes” but said his “was not intentional conduct.”

Witt also denied Nifong’s use of the case to further any political agenda. He specifically cited Nifong’s lack of experience in dealing with the media and argued that Nifong didn’t realize until December 2006 that the withheld DNA was significant to the case.

Nifong’s nearly-30-year career as a prosecutor ended over the Duke Lacrosse case. During his testimony Friday, Nifong tearfully announced that whatever the bar’s choice of punishment he intended to step down as Durham County district attorney.

“My presence as the district attorney in Durham is not furthering the cause of justice,” Nifong said. “It is not fair for the people in my community to be represented by someone who is not held in high esteem by either the members of the community or members of the profession.”

Nifong also apologized to the three indicted lacrosse players and their families.

But defense attorney Joe Cheshire dismissed Nifong’s contrition as contrived and insincere.

“It’s a cynical plot designed to save his law license,” said Cheshire, who represents the family of David Evans. “It’s a tepid apology … far too little, far too late.”

Nifong led the prosecution of three Duke Lacrosse players for rape and sexual assault. The case began in March 2006 when woman hired to strip at a team party accused three players of attacking her in a bathroom. In the months that followed, the case fell apart, riddled by a lack of evidence and an accuser who changed her story repeatedly.

From the early days of the case, Nifong was widely criticized for his handling of the matter. On Friday, Nifong admitted to many of the mistakes that had earned him nationwide infamy.

“I think clearly some of the statements I made were improper,” Nifong said, admitting that his comments about the case violated the rules of professional conduct. “I take responsibility for the things I have done in this case.”

Nifong also admitted that he should have given defense attorneys all available DNA evidence months earlier than he did. He added that despite her changing story, Nifong never pushed the accuser to explain the inconsistencies in her version of events.

Nifong can appeal the bar’s decision.

If he were to get disbarred, it would take effect during the appeals process.

Once Nifong’s bar trial concludes, he could still face civil lawsuits from the families of indicted Duke Lacrosse players.

Joe Cheshire, an attorney for the Evans family, said that he expects “excessive civil action” against Nifong.

If his license is suspended or revoked, Nifong loses not only his license, but his livelihood. It’s unclear what kind of work, if any, Nifong will do next.

But wherever he goes, Nifong expects the words “Duke Lacrosse” will follow him.

“I will go to my grave being associated with this case,” said Nifong. “That’s okay. … I took the responsibility on myself.”

[ABC News]

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