Mike Nifong: The Doodoo Deepens
Durham District Attorney Mike Nifong, who rose to international infamy due to his handling of the Duke lacrosse team "rape" case, must now face the music. His trial on ethics charges brought by the North Carolina State Bar started today.
According to WRAL.com, Nifong's lawyer, David Freedman, offered this argument in his opening statement:
"It is not unethical to pursue what someone may believe to be an unwinnable case."
Well, that depends. If the case is unwinnable due to a manifest lack of credible evidence, and you decide to "pursue" it by making over 100 prejudicial statements to the media, that might be a problem.
Freedman said Nifong made about 98 percent of his statements early on in the case before suspects were identified and charged.
Does that make things better or worse? Should Nifong get off the hook for the speed with which he broke out of the gate -- what North Carolina Attorney General Roy Cooper described as a "tragic rush to accuse"?
P.S. The article reminds us that the stripper involved was Crystal Magnum.* Isn't that what those Skadden summer associates recently enjoyed?
* Correction: Whoops, sorry about that.
Lacrosse Attorney: Nifong Went 'Far Over the Line' [WRAL.com]












Comments
Do Miami, FL.
Posted by: Anonymous | June 12, 2007 03:45 PM
This guy deserves to lose his license. What a sorry excuse for a lawyer.
Posted by: Anonymous | June 12, 2007 03:50 PM
C'mon, contrarians. Someone come to Nifong's defense! It's too easy to bash the guy.
Posted by: Anonymous | June 12, 2007 03:53 PM
I'll come to his defense!!!
Duke sucks!!!
Okay. That's pretty much all I got.
Posted by: NCCU Class of 1997 | June 12, 2007 03:56 PM
Who cares about Nifong; we all knew this was coming.
Someone get the DC bar on the case of Pearson and his crazy suit against the dry cleaners.
Posted by: Anonymous | June 12, 2007 04:12 PM
Mangum. Not Magnum. Close phonetic coincidence, but no cigar ... so to speak.
Posted by: Anon | June 12, 2007 04:25 PM
Nifong is a hot silverback! Mmmm mmm fine!
Posted by: Ralbylove | June 12, 2007 04:36 PM
This guy did nothing wrong. All he did was aggressively prosecute. That is his job. It is the job of the defense lawyers to aggressively defend. Just because he turned out to be wrong in the end does not mean that he did anything wrong, much less that he should be disbarred. If that is the case, all prosecutors are in big trouble.
Posted by: Anonymous | June 12, 2007 04:44 PM
Can't come to this schmuck's defense, but "manifest lack of evidence"? There was a woman who claimed she had been raped...at first, it appeared to be a legit case
Posted by: Anon | June 12, 2007 04:45 PM
4:45,
The issue, at least in my mind, is less what Nifong did "at first", and much more what he did (or, more accurately, did not do) long after he realized or should have realized that there were profound problems with this prosecution.
Posted by: Anonymous | June 12, 2007 04:54 PM
Did you all forget that he withheld evidence? He withheld exculpatory evidence for months, while continuing to prosecute and berate those poor boys in the media!
Does anyone really think that his prosecution was anything but a ploy to get re-elected. Thank the karmic gods that he'll get his.
He should be disbarred. A prosecutor is not only charged with prosecuting cases but with also making the decision to prosecute. When everything tells you your witness is lying (including the fact that one of her alleged rapists was actually at an ATM while the alleged rape occurred), an ethical prosecutor would have reconsidered charges at the very least again the guy at the ATM.
Posted by: Hello? | June 12, 2007 05:01 PM
Come now, people. The point is not that Nifong aggressively pursued prosecution for horrific alleged acts--of course reasonable people can agree that prosecutors should aggressively prosecute on behalf of the public's interests.
No, the point is twofold. First, Nifong made dozens of documented, highly-prejudicial statements to the media, and primarily for personal gain in an upcoming local election. Second, he continued to aggressively prosecute the case after his reasonable attempts to garner proof had failed (and after his alleged victim had essentially recanted her allegations through dozens of internal inconsistencies in her highly-varied story).
It is these two things for which his law license is on the line, and rightly so.
Posted by: Anonymous | June 12, 2007 05:01 PM
The accuser never told the same story twice, and the physical evidence as well as witness testimony contradicted her many variations. It never appeared to be a "legit case" but was prosecuted because of its political benefit to Nilfong's candidacy for the DA position in which he was acting.
Posted by: Unbiased Observer | June 12, 2007 05:02 PM
I agree with 4:54.
The point is not that Nifong aggressively pursued prosecution for horrific alleged acts--of course reasonable people can agree that prosecutors should aggressively prosecute on behalf of the public's interests.
No, the point is twofold. First, Nifong made dozens of documented, highly-prejudicial statements to the media, and primarily for personal gain in an upcoming local election. Second, he continued to aggressively prosecute the case after his reasonable attempts to garner proof had failed (and after his alleged victim had essentially recanted her allegations through dozens of internal inconsistencies in her highly-varied story).
It is these two things for which his law license is on the line, and rightly so.
Posted by: Anonymous | June 12, 2007 05:04 PM
"Manifest lack of credible evidence." That's better.
One thing we have to watch for is that this schmuck's political prosecution doesn't make it even harder to prosecute rape cases. There are so many cases where the only real evidence is a victim's statement.
Posted by: Anon | June 12, 2007 05:09 PM
Apparently a supporter of Nifong was removed. Sounds saucy but does anyone know what actually happened?
http://www.wral.com/news/news_briefs/story/1494418/
"Spectator Removed From Nifong Ethics Proceedings
Posted: Today at 4:05 p.m.
Updated: Today at 4:08 p.m.
Raleigh — Proceedings were delayed briefly Tuesday afternoon in the ethics trial of Durham County District Attorney Mike Nifong when security officers had to remove a woman from the court.
Victoria Peterson, who says she is a political activist in Durham, has loudly supported Nifong over the past year, having publicly said the district attorney has been treated unfairly because he tried to help a black woman.
According to sources in the courtroom, Maryellen Finnerty, the mother of Collin Finnerty, one of three men indicted and charged in the Duke lacrosse case, felt threatened when Peterson started speaking loudly.
Hearing commission chair F. Lane Williamson, who did not cite Peterson by name, said only that a "security issue" led officials to remove one person who won't be allowed back."
Posted by: Anonymous | June 12, 2007 05:28 PM
Disbar him! Notwithstanding the fact that he forever damaged the reputation and lives of 3 promising young men, he bugs the living sh*t out of me.
Posted by: Anonymous | June 12, 2007 06:53 PM
Promising young men?! One of them pled guilty for battering a guy in DC because he though he was gay.
That said, no matter what the character of the accused parties, Nifong debased the profession for personal gain and notoriety. Given the public trust placed in him, his sins were even worse.
Posted by: anon | June 12, 2007 07:04 PM
Jesus, I just flashed on Nifong's resemblance to Al Gore...
Posted by: Anonymous | June 12, 2007 08:07 PM
he should be jailed. Those who abuse government power are worse than murderers in my opinion.
Posted by: Anonymous | June 12, 2007 08:12 PM
What is the big news here? Nifong merely got caught hiding evidence and pursuing litigation not based upon fact or law. Since when is the standard behavior of civil lawyers now unethical? Just kidding. Seriously, it is not enouch that Nifong is facing ethics charges, there should be criminal charges as well. Would you like read a complaint which IMHO shows many more instances of more blantant misconduct? Look at the CA Bar complaint at bankruptcymisconduct dot com.
Posted by: Dave | June 12, 2007 11:28 PM
5:09 (second)
Yeah. Because heaven forbid we require evidence beyond accusation to convict someone of a violent felony and ruin their life. I mean, the current standard worked out so well in this case!
Posted by: Anonymous | June 13, 2007 02:25 PM
Because sexual assault doesn't ruin your life or anything. And you're right, let's set free all the sexual predators convicted based on a victim's report. Hope you know where your wife/mother/sister is.
Posted by: Anon | June 13, 2007 05:13 PM
5:13:
Huh?
Posted by: Anonymous | June 14, 2007 08:41 PM