Ex-prosecutor in Duke case must pay for 'rogue' action



North Carolina Attorney General Roy Cooper has publicly accused District Attorney Mike Nifong of blatant abuse of power in his handling of the Duke lacrosse rape case, which leaves the state bar association no alternative but to disbar him.
The criminal justice system in this country is based on a simple, but powerful ideal: Trust. And when that trust is violated by a high-ranking officer of the court, the punishment must fit the crime.
In declaring the three former Duke University lacrosse players innocent of the rape allegations made by a dancer/stripper, Attorney General Cooper described Nifong as a "rogue" prosecutor guilty of "overreaching." Cooper said the district attorney rushed the case against David Evans, Reade Seligmann and Collin Finnerty, failed to verify the accuser's allegations and threw caution to the wind in pursuing the rape charges.
It wasn't long after Nifong filed the charges about a year ago that the case began to unravel. Yet, he refused to back down.
But last December, the district attorney was forced to drop the principal charge, first-degree forcible rape, against Evans, Finnerty and Seligmann. Even so, he left kidnapping and sexual offenses in place.
It was then that Attorney General Cooper stepped in, and after an exhaustive investigation concluded that there was no basis for the remaining charges.
Misleading comments
Meanwhile, the North Carolina State Bar charged Nifong with several violations of professional conduct. Among other things, he is accused of making misleading and inflammatory comments about the athletes, even before they were charged. He then contended that the members of the lacrosse team were not cooperating with investigators, but court documents show that Nifong wasn't telling the truth.
His trial before a bar committee is scheduled for June.
There can be no leniency.
Through his actions, Nifong put three young men on national trial. Because of the racial overtones -- white suburban men from well-heeled families and a black dancer/stripper from the inner city -- the case immediately became a cause celebr & eacute; for some and a point of contention for others.
The case raised tensions on the campus of Duke University and resulted in the lacrosse coach being forced to resign and the team's season cut short.
Add to all that the political aspect of this sordid affair -- Nifong was running for election last year -- and what emerged was an out-of-control prosecutor with no regard for the truth.
Even his apology, issued on the heels of the attorney general's dismissal of the remaining charges, was lacking in contriteness.
"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."
Remedy any remaining injury?
Where's the "I'm deeply sorry for all the lives I've disruptedand the pain I've caused?"
Nifong has given up the right to be an officer of the court. He has earned disbarment.