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Michael Byron "Mike" Nifong (IPA: , NYE-fong) (born September 14 1950) was the district attorney for Durham County, North Carolina (the state's 14th Prosecutorial District) from 2005 to 2007, best known for his role in the 2006 Duke University lacrosse case, which resulted in media criticism and a ruling of disbarment by the state bar association. At the start of the scandal, Nifong gained significant personal exposure in the media and subsequently won election to a full term as district attorney (he had been appointed in 2005). The North Carolina bar filed an ethics complaint against him for "conduct involving dishonesty, fraud, deceit, or misrepresentation" while "Defense attorneys, legal experts and even longtime colleagues are raising serious questions about District Attorney Mike Nifong's judgment and integrity." The North Carolina Conference of District Attorneys called for Nifong to recuse himself from the case and to turn it over to another prosecutorial authority. On January 12, 2007, Nifong sent a letter to North Carolina Attorney General Roy A. Cooper asking to be recused from the case and for the Attorney General's office to appoint a special prosecutor to take over the case. On January 24, 2007, the North Carolina bar filed a second round of ethics charges against Nifong for a "systematic abuse of prosecutorial discretion ... prejudicial to the administration of justice" when he withheld DNA evidence, thereby misleading the court.

On June 15 2007, in the midst of the State Bar hearing, Nifong announced that he would resign the office of the District Attorney of Durham County, "irrespective" of how the ethics proceedings came out. The hearing resulted in a ruling of disbarment the following day, after Nifong offered to surrender his license and indicated he would not appeal any punishment imposed by the Hearing Commission.

Early life

Nifong was born in Wilmington, North Carolina, and graduated Phi Beta Kappa from the University of North Carolina at Chapel Hill in 1971 with a degree in political science. After working as a teacher and social worker, he returned to UNC in 1975 and earned a law degree in 1978. In the same year, he was admitted to the bar.

Nifong immediately sought a position as an assistant district attorney, having long had an ambition to be a prosecutor. After a year as a per diem assistant DA with the Durham County DA's office, he was hired on a full-time basis in 1979. He eventually worked his way up to chief assistant. After District Attorney Jim Hardin was appointed to a Superior Court vacancy in 2005, Governor Mike Easley appointed Nifong to fill out the remainder of Hardin's term. Nifong was sworn in on April 27, 2005.

Duke lacrosse case

Nifong initially garnered strong support in some quarters for defending the alleged victim, Crystal Gail Mangum, an African American woman who was working as a stripper. As the details of the case have emerged, however, Nifong has come under blistering attack not only by advocates of the indicted students and on the internet but by mainstream news sources such as 60 Minutes, The New York Times, The News & Observer, New York Magazine, The Washington Post, The Washington Times, Los Angeles Times, New York Daily News, National Journal, Newsweek, Charlotte Observer, The Star-Ledger, The San Diego Union-Tribune, Rocky Mountain News, Greensboro News & Record, and Wilmington Star. The criticisms have focused on a series of alleged missteps: that he went public with a series of accusations that later turned out to be untrue; that he exaggerated and intensified racial tensions; that he unduly influenced the Durham police investigation; that he tried to manipulate potential witnesses; that he refused to hear exculpatory evidence prior to indictment; and that he had never spoken directly to the alleged victim about the accusations. Nifong stated in a court hearing on October 27 2006 that, six months after the arrest of the Duke Lacrosse players, he had not yet interviewed the alleged victim. "I haven't talked with her about the facts of that night. ... We're not at that stage yet." According to Nifong, none of his assistants had discussed the case with her, either.

Critics of the district attorney requested that Nifong be investigated, punished and disbarred for his actions in this case. On December 12, 2006, it was reported that Republican Representative Walter Jones of North Carolina's 3rd district sent a letter to U.S. Attorney General Alberto Gonzales asking for an investigation into whether Nifong committed "prosecutorial misconduct" and violated the civil rights of the three suspects in the case; Gonzales has stated that his office might investigate how Nifong has handled the case. Critics have noted that police were instructed to "Go through Mr. Nifong for any directions as to how to conduct matters in this case.", an unusual move for prosecutor.

Prior to the most intense criticism of his handling of the case, Nifong won the Democratic primary on May 2 2006. Many critics have argued that Nifong brought the Duke case forward simply to win a tough reelection fight against two opponents in Durham, a city with a sizeable Black community.

Nifong won the general election in November 2006, receiving 49% of the votes, while Durham lawyer and Democrat Lewis Cheek received 40% even though he said he would not serve if elected, and Republican Party Chairman Steve Monks got 11% as a write-in candidate.

On December 22, 2006, Nifong dropped rape charges against the three Duke lacrosse players after the stripper who accused them changed her story, saying that she is no longer certain whether she was penetrated vaginally with men's penises. This also was a few days after it was revealed in court that Nifong had withheld evidence from the defense concerning the DNA tests performed. In recent months, Nifong has been "under heavy criticism" for pressing ahead with what appears by many to be a weak case without any physical evidence. The defense argues that the accuser has given at least a dozen different accounts of the incident, changing the number of attackers from 20 to three, and modifying the methods by which she was assaulted.

Orlando Sentinel and The Washington Post Writers Group columnist Kathleen Parker has coined a neologism using his name: "Now we can 'Nifong' someone when we want to trump up criminal charges based on flimsy evidence allegedly for political purposes. In short, when we want to screw up someone's life."

On January 12, 2007, Nifong sent a letter to North Carolina Attorney General Roy Cooper asking his office to assume responsibility of the case. This came just days after the accuser changed her story yet again, now claiming that Reade Seligmann was not involved in the alleged attack. Previously she had accused him and two others of the alleged rape. Despite this new revelation, charges against Seligmann had yet to be dropped.

On January 13 Cooper announced that his office would take over the case.

On April 11 Cooper announced that all charges in the case would be dropped and that "based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges". He referred to Nifong as a "rogue" prosecutor.

Ethics charges

On December 28, 2006, the North Carolina bar filed ethics charges against Nifong over his conduct in the case, accusing him of making public statements that were "prejudicial to the administration of justice" and of engaging in "conduct involving dishonesty, fraud, deceit, or misrepresentation." The 17-page document accuses Nifong of violating four rules of professional conduct, listing more than 50 examples of statements he made to the media.

On January 24, 2007, the North Carolina State Bar filed a second round of ethics charges against Nifong for a "systematic abuse of prosecutorial discretion ... prejudicial to the administration of justice" when he withheld DNA evidence to mislead the court.

On March 19, 2007, Nifong's lawyers filed a report asking for dismissal of the charges against him, arguing that his actions did not prevent the defendants from a fair trial since defense attorneys received a DNA report before a trial date was set. The North Carolina State Bar denied the request, pointing out that North Carolina law "is unambiguous: Anyone subject to an NTO must be given any report of test results as soon as such a report is available." The Bar continued that "Nifong is effectively arguing that he can make false statements to a court which result in the entry of an order, and then use the order that is based on his misrepresentations to claim he committed no discovery violation."

On April 13 2007, a hearing was held, and the request for dismissal of charges was denied. Nifong's team argued that the law about revealing exculpatory evidence to the defense was too vague about a timetable. Attorneys for the State Bar pointed out that it was only through diligent efforts of the Duke players' defense team that the DNA report was finally made available to them.

On June 12 2007, Nifong's hearing for violation of the Rules of Professional Conduct started in Raleigh.

On June 15 2007, Nifong took the stand to testify in his own defense at the State Bar Hearing. During the testimony, he apologized to the families of the Duke athletes and stated that he would resign as district attorney. Joseph Cheshire, attorney for David Evans, one of the accused players, dismissed the apology as "a cynical political attempt to save his law license." Even at this point in the case, Nifong refused to admit that no evidence existed to indicate that crime occurred. The committee's chairman, E. Lane Williamson, asked Nifong directly if he still believed the accuser was attacked. After pausing for several seconds, Nifong said that while he could not say whether she was sexually assaulted, "something happened to make everybody leave that scene very quickly." This assertion enraged the players' attorneys, and sent one of their mothers running from the room in tears.

Disbarment

On June 16, 2007, the North Carolina State Bar Disciplinary Committee voted to disbar Nifong after delivering a verdict of "yes" (i.e., guilty) to 27 of 32 charges.

Committee chairman F. Lane Williamson said that the case "has been a fiasco" and Nifong's actions involved "dishonesty, fraud, deceit and misrepresentation." Williamson further stated, "At the time he was facing a primary, and yes, he was politically naive, but we can draw no other conclusion that those initial statements he made were to further his political ambitions."

In the end, the panel concluded that "there is no disciplinary action short of disbarment appropriate in this case given the magnitude of the offenses found." Nifong immediately surrendered his law license and said he would not appeal; through his attorney, he said that disbarment was an appropriate punishment. Nifong is the first sitting district attorney in the history of North Carolina to be disbarred. Earlier in the day, Nifong offered to voluntarily surrender his law license. However, Williamson said that the panel had to issue a ruling, and issued its disbarment order shortly thereafter. The disbarment order will formally take effect when it is filed with the secretary of the state bar. Under North Carolina law, Nifong will not be eligible to regain his license until 2012.

In addition to being disbarred, Nifong may face civil and criminal liability for his conduct. Indeed, immediately after the hearing, lawyers for the three players said they will seek to have Superior Court Judge Osmond Smith, who presided over the case, hold Nifong in criminal contempt of court, perhaps as early as June 18. They also said that calls for a federal civil rights investigation into the matter weren't out of line.Earlier in the month, Smith stated that even though the charges have been dismissed, he still retains control over the case and has the right to impose sanctions against Nifong. North Carolina law gives both judges and the state bar the power to discipline attorneys.

Footnotes

1. ^ Lacrosse files show gaps in DA's case. The News & Observer. 6 August 2006.
2. ^ N.C. bar files ethics charges against Duke lacrosse prosecutor. Associated Press. 28 December 2006.
3. Attorneys Question Handling of Duke Case. WRAL.com. 28 December 2006 and he was subsequently disbarred on June 16, 2007.
4. http://www.wral.com/news/state/flash/1121238/ (flash)
5. http://abcnews.go.com/US/LegalCenter/story?id=2791514. ABC News. 12 January 2007.
6. http://news.findlaw.com/hdocs/docs/duke/ncbnifong12407cmp.html].Digital image of 33 page Amended Complaint, as filed.
7. ^ N.C. state bar files more ethics charges against Duke lacrosse prosecutor. Associated Press. 24 January 2007.
8. Graham, David (June 16 2007). "State Bar finds Nifong guilty on 27 counts of misconduct". The Duke Chronicle. Retrieved 2007-06-17. {{cite news}}: Check date values in: |date= (help)
9. Julia Lewis; et al. "WRAL.com". Lacrosse Team Defense Attorneys Speak Out About Rape Allegations. WRAL. {{cite web}}: Explicit use of et al. in: |author= (help); External link in |publisher= (help)
10. ""ABC News"". "Duke Lacrosse Scandal Sheds New Light on the Stripper Industry: A Campus Trend?". Retrieved 4 November. {{cite web}}: Check date values in: |accessdate= (help); Cite has empty unknown parameter: |1= (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
11. Duke Rape Suspects Speak Out. 60 Minutes. 15 Oct 2006.
12. Kristof, Nicholas. "Jocks and Prejudice". The New York Times. 11 June 2006
13. Brooks, David. "The Duke Witch Hunt" The New York Times. 28 May 2006
14. Nifong's move. The News & Observer. 23 December 2006.
15. Rape, Justice, and the ‘Times’. New York Magazine. 16 October 2006.
16. Prosecutorial Indiscretion. Washington Post. 31 December 2006.
17. The Duke Case. The Washington Times. 27 December 2006.
18. Duke case. L.A. Times. 26 December 2006.
19. The Duke Three should go free. New York Daily News. 29 December 2006.
20. Investigate the investigation. The Charlotte Observer. 23 December 2006.
21. The prosecutor is guilty. The Star-Ledger. 30 December 2006.
22. Just who's guilty?. The San Diego Union Tribune. 30 December 2006.
23. North Carolina's out-of-control DA. Rocky Mountain News. 3 January 2007.
24. Nifong begins retreat from Duke rape case. Greensboro News-Record. 23 December 2006.
25. Add another DA to the sorry list. Wilmington Star. 21 December 2006.
26. Beard, Aaron (October 27 2006). "Prosecutor Yet to Interview Rape Accuser". Associated Press. {{cite news}}: Check date values in: |date= (help)
27. DA's critics ask bar, feds to intervene. The News & Observer. December 3 2006.
28. Inquiry of Nifong eyed over lacrosse, Durham Herald-Sun, 12 December 2006.
29. Nifong Probe Possible, U.S. Attorney General Says. Wral.com. 17 December 2006.
30. Neff, Joseph (2007-03-14). "Quest to convict hid a lack of evidence". The News and Observer. Retrieved 2007-04-14. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
31. Niolet, Benjamin (May 3 2006). "Nifong prevails in DA race". The News & Observer. {{cite news}}: Check date values in: |date= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
32. Sowell, Thomas, The Real Issue at Duke, townhall.com, Jan 2, 2007.
33. Cheek stumps in DA race. News & Observer. 13 October 2006.
34. Duke rape charges dropped. Associated Press. 22 December 2006.
35. Duke rape charges dropped. Associated Press. 22 December 2006.
36. Lacrosse players `Nifonged'. The Charlotte Observer 28 December 2006.
37. http://abcnews.go.com/US/LegalCenter/story?id=2791514. ABC News. 12 January 2007.
38. ^ Lacrosse Defense: Accuser's Story Changes Again. WRAL.com. 11 January 2007.
39. ^ Accuser changes story in lacrosse case. The News & Observer. 11 January 2007.
40. "Prosecutor Mike Nifong Removed From Duke Case". WCBS-TV New York. 2007-01-13. Retrieved 2007-01-14.
41. State Bar Files Ethics Complaint Against Mike Nifong. WRAL.com. 28 December 2006.
42. http://news.findlaw.com/hdocs/docs/duke/ncbnifong12407cmp.html].Digital image of 33 page Amended Complaint, as filed.
43. Brief in Opposition To Motion To Dismiss. The North Carolina State Bar. 19 March 2007.
44. State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case. WRAL.com. 20 Mar 2007
45. Duke Prosecutor Goes on Trial for Misconduct
46. http://www.iht.com/articles/2007/06/16/sports/duke.1-76865.php
47. http://www.miamiherald.com/856/story/142075.html
48. "Bar Accepts Nifong's Offer to Surrender Law License". WRAL-TV. 2007-06-16. Retrieved 2007-06-16. {{cite news}}: Check date values in: |date= (help)
49. "In an hour's time, committee decides to disbar Nifong". The Associated Press. 2007-06-16. Retrieved 2007-06-16. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |1= (help)
50. "Disciplinary committee disbars disgraced prosecutor Mike Nifong". The Associated Press. 2007-06-16. Retrieved 2007-06-16. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |1= (help)
51. http://www.washingtonpost.com/wp-dyn/content/article/2007/06/16/AR2007061600130.html
52. Cite error: The named reference DukeChronicle was invoked but never defined (see the help page).
53. http://www.msnbc.msn.com/id/19264396/
54. http://www.newsobserver.com/news/crime_safety/duke_lacrosse/story/593580.html

External links

• District attorney's biography

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