Duke Prosecutor Needs Lawyer

In March 2006 an exotic dancer hired for a house party hosted by members of the Duke lacrosse team in Durham, N.C., called the police and said she'd been raped by three attendees. The Durham police contacted Durham County District Attorney Michael Nifong. Forty-six lacrosse players were photographed and gave DNA samples. Three young men were charged with rape, kidnapping, and sexual offense.

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Within days, the "Duke lacrosse rape case" was national news and Nifong, who was running for re-election, became a media darling. Nifong made statements boasting about the strength of his case to ESPN, CBS News, Newsweek, the New York Times, and other news outlets. Meanwhile, his case was unraveling. According to recent testimony from Brian Meehan, a DNA expert hired by Nifong, Nifong and Meehan witheld key DNA evidence favorable to the defense. Eventually the accuser said she was no longer sure her vagina had been penetrated by the men's penises, and the rape charges against the three Duke students were dismissed. The charges of kidnapping and sexual offense still stand.

On Dec. 28, District Attorney Nifong became a defendant himself in a disciplinary action brought by fellow lawyers in the North Carolina State Bar.* According to the complaint (see key excerpts below and on the following nine pages; to view the whole thing, click here), Nifong's many press interviews about DNA tests, evidence he would present at trial, and the level of cooperation from Duke and the team members constituted "improper commentary." It may also have been untruthful. Nifong had read in the emergency room nurse's report that "the complaining witness" said her alleged attacker "did not use a condom," but when no DNA evidence was found linking the defendants to a sexual attack, Nifong told the Charlotte Observer, "I would not be surprised if condoms were used. Probably an exotic dancer would not be your first choice for unprotected sex."

The complaint charges that Nifong made public prejudicial statements about the case "that had a substantial likelihood of heightening public condemnation of the accused." The document lists page after page of examples, which involved "dishonesty, fraud, deceit or misrepresentation." The ethics charges against Nifong may well cause him to be removed from the case. If the charges in this complaint can be substantiated, that may be the least of Nifong's problems.

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*Correction, Jan. 10: An earlier version of this column stated the name of this organization, incorrectly, as the "North Carolina State Bar Association." Its correct name is the "North Carolina State Bar."

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