Thursday, December 28, 2006

Durham DA Nifong's Troubles Continue

The North Carolina Attorney General's Office has received more than 400 complaints about Durham District Attorney Mike Nifong, according to an attorney general's representative.

Nifong, who critics say improperly withheld DNA evidence from defense attorneys in the Duke lacrosse investigation, has come under scrutiny recently from local and national state lawmakers, most recently state Rep. Stephen LaRoque, R-Wayne.

LaRoque on Tuesday called for the state to give the attorney general power to investigate how DAs handle cases.
KC Johnson notes that a North Carolina paper has called for Nifong's resignation. That may be the first, but it certainly wont be the last one to call for Nifong's head. KC also explores whether Nifong violated the North Carolina Rules of Professional Conduct. The short answer is yes.

Prairie Pundit wonders what kind of evidence is still in existence that would support the remaining charges considering that the rape charges were dropped. It's a good question and the accuser's multiple versions of what happened on that fateful night should be an indication that the prosecution's case is full of holes.

LaShawn Barber predicts that the remainder of the charges will be dropped at the February 5, 2007 hearing. Nifong's prosecutorial career will similarly implode shortly thereafter. I concur.

UPDATE:
Nifong's career as an attorney just got a whole lot more difficult. Ethics charges have been filed against Nifong by the North Carolina Bar. The Bar opened a case way back on March 30 in the aftermath of statements made by Nifong in relation to the case:
The North Carolina bar filed ethics charges Thursday against the prosecutor in the Duke lacrosse case, accusing him of saying misleading or inflammatory things to the news media about the athletes under suspicion.

The punishment for ethics violations can range from admonishment to disbarment.

Among the four rules of professional conduct that District Attorney Mike Nifong was accused of violating was a prohibition against making comments "that have a substantial likelihood of heightening public condemnation of the accused."

The charges will be heard by an independent body called the Disciplinary Hearing Commission, made up of both lawyers and non-lawyers.

In a statement, the bar said it opened a case against Nifong in March 30, a little more than two weeks after the party where a 28-year-old student at North Carolina Central University hired to perform as a stripper said she was raped.

Nifong did not immediately return a call for comment.

Another of the rules Nifong was charged with breaking forbids "dishonesty, fraud, deceit and misrepresentation." The bar said that when DNA testing failed to find any evidence a lacrosse player raped the accuser, Nifong told a reporter the players might have used a condom.
The full statement against Nifong is here.

UPDATE:
Nifong might not even last until the February 5 hearing date. Pressure will only increase on Nifong to drop the remaining charges before that date though dropping the charges may be the least of his worries as his actions are increasingly scrutinized. Others picking up on the ethics charges against Nifong: Outside the Beltway, Hot Air, Bullwinkle Blog, Rhymes with Right, Darleen's Place, Sister Toldjah, Right Side of the Rainbow, and Right Voices.

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