Wilmjax News

Mike Nifong wanted the taxpayers of North Carolina to defend the indefensible: him. The taxpayers have declined. And not respectfully.

Durham’s disbarred former district attorney is being sued by the three Duke students whom he tried to convict of serious crimes that he had every reason to doubt they had committed.

Nifong’s lawyer asked the state to pay to defend him, contending that Nifong was performing his duties as a constitutional officer of the state.

In fact, he was betraying those duties and that constitution. His fellow lawyers concluded that he cheated and lied to win a case that had disintegrated. Attorney General Roy Cooper called him a “rogue prosecutor.”

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(10/18/07 — DURHAM) - The state Attorney General’s office has refused former Durham County prosecutor Mike Nifong’s request that the state represent him or pay his legal bills as he responds to a civil lawsuit filed by the three exonerated Duke lacrosse players falsely accused of rape.

Nifong, who left office in disgrace after leading the disastrous prosecution, had cited his role as a constitutional officer of the state in asking for the assistance. But in a letter sent to Nifong on Tuesday, chief deputy Attorney General Grayson Kelley told Nifong his conduct in the case meets one or more of the several reasons outlined in state law that disqualify him from such assistance.

The former players — falsely accused of raping a stripper at a March 2006 lacrosse team party — filed a federal civil rights lawsuit earlier this month naming Nifong, the city of Durham, several police officials, a private DNA laboratory and others. They are seeking unspecified compensatory and punitive damages.

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(10/05/07 — DURHAM) - Three former Duke lacrosse players falsely accused of rape filed a federal lawsuit Friday against disgraced prosecutor Mike Nifong, the city of Durham and the police detectives who handled the investigation.

The lawsuit calls the criminal case against Reade Seligmann, Collin Finnerty and Dave Evans was “one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history.”

The lawsuit seeks unspecified punitive and compensatory damages, attorneys fees and numerous reforms to the way the Durham Police Department handles criminal investigations. They include changes to a photo lineup procedure that helped secure indictments against the three players and the appointment of a monitor to oversee certain police activities for 10 years.

The lawsuit was filed about a month after city officials met with lawyers for the families seeking a $30 million settlement and several legal reforms, two sources close to the case have told The Associated Press. The attorneys gave the city a month to respond or face a civil rights lawsuit.

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The three former Duke lacrosse players falsely accused of rape have filed a civil lawsuit against several defendants, including disgraced prosecutor Mike Nifong, the city of Durham and the police detectives who investigated the allegations.

The federal lawsuit seeks unspecified punitive and compensatory damages, attorneys fees and numerous reforms to the way the Durham Police Department handles criminal investigations. They include changes to a photo lineup procedure that helped secure indictments against the three players and the appointment of a monitor to oversee certain police activities for 10 years.

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Durham — Duke University President Richard Brodhead apologized Saturday for much of the university’s actions during the highly publicized yearlong rape investigation involving the school’s highly ranked lacrosse team.

“Given the complexities of this case, getting the communication right would never have been easy,” Brodhead said. “But the fact is that we did not get it right, causing the families to feel abandoned when they were most in need of support. This was a mistake. I take responsibility for it, and I apologize for it.”

Speaking at a Duke law school conference, Brodhead made his first public remarks about the case since charges against David Evans, Collin Finnerty and Reade Seligmann were dropped. The conference, “The Court of Public Opinion,” focused on the ethical obligations of the media, legal system and colleges during high-profile criminal cases.

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Durham — Public perception surrounding Mike Nifong’s prosecuting three former Duke lacrosse players took its toll on staff over the last year and a half in the Durham County District Attorney’s Office, the district’s top prosecutor said Thursday.

“Even though we may have had nothing to do with that case, (they’d think), ‘Oh, you’re absolutely evil because you’re connected with that case,’” said David Saacks, who took the helm last Friday after Gov. Mike Easley appointed him to fill the district attorney post vacated by Nifong.

“The truth always – always – is somewhere in between,” he continued. “It’s never one extreme or the other. Obviously, as human beings, if you understand that public perception is out there, it can wear on you.”

But in some ways, he said, the scrutiny made it easier for him and other prosecutors do their jobs.

“Our solution,” he said, “(was) put your head down, do your job, do your cases, do it the best that you can. That’s all you can do. That’s all anyone’s asking you to do, and you’ll be fine.”

Nifong worked on the lacrosse case while the other prosecutors in the office worked on other cases, Saacks said.

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(09/14/07 — DURHAM) - Disbarred District Attorney Mike Nifong’s troubles may be far from over. And that may be the case for several individuals that were closely involved in the Duke Lacrosse case, according to Eyewitness News sources.

While Attorney General Roy Cooper is considering a request to investigate public officials that handled the case, ABC 11 Reporter Tamara Gibbs has learned federal investigators are collecting testimony and other court documents from Mike Nifong’s ethics trial and his recent contempt hearing.

Sources say the U.S. Attorney’s Office Middle District of North Carolina is considering whether to investigate the case. Investigators are trying to determine whether the civil rights of the former defendants were violated. Numerous calls to the U.S. Attorney’s Office were not returned.

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Durham, NC — A Charlotte civil rights attorney says three Duke lacrosse players wrongly accused of rape may be in for a big financial settlement.

Attorneys for the players have met with Durham officials about a settlement. Two people close to the case say Dale Evans, Collin Finnerty and Reade Seligmann want 10 million dollars each over five years from the city, plus legal reforms.

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RALEIGH, N.C. (AP) — Attorneys for the three players falsely accused in the Duke University lacrosse rape case are seeking a settlement of about $30 million and several changes to the state’s legal process, a person close to the case said early Friday.

If the terms aren’t met, the players’ attorneys will file a civil rights lawsuit against the city of Durham early next month, said the person, who requested anonymity because not all of the details of the proposed settlement had been worked out.

During a discussion Wednesday with Durham officials, players’ attorneys Brendan Sullivan and Barry Scheck, stressed that the money they are seeking - about $10 million each for David Evans, Collin Finnerty and Reade Seligmann over five years - must be accompanied by the legal reforms, the person said.

On Thursday, City Attorney Henry Blinder and City Manager Patrick Baker briefed elected officials on the settlement discussions, according to The Herald-Sun of Durham, which first reported on the settlement demands. The city has a $5 million liability insurance policy with a $500,000 deductible, the paper reported.

In addition to the money, the attorneys are seeking the creation of ombudsman positions to review complaints of misconduct about North Carolina district attorneys, the person close to the case said. They also want Durham city officials to lead the lobbying for any legal changes that would require action by the state’s General Assembly.

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RALEIGH, N.C. — Even though Mike Nifong is in jail, Rolesville resident Datha London said it could never be enough.
 
“He took three innocent men and used it for political advantage,” he said.
 
Lucy Ward agreed that jail time doesn’t cut it.
 
“He has an obligation to pay for the tremendous financial costs these folks have had,” said Ward.
 
Some believe the entire Duke lacrosse scandal, and Nifong, were a black eye for the city of Durham. Ward said it was a case that pitted class against class, and race against race as a national audience watched it all.
 
“There were racial implications, which is so unfortunate because I don’t think that was necessarily what this was all about,” said Ward.
 
 While many had hard criticism for Nifong, others said he learned his lesson.
 
 ”He apologized,” said Abe Coundowl from Apex. “He acknowledged he made a mistake and hopefully he’ll learn a lot there (in jail).”

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DURHAM, N.C. - Former Durham County prosecutor Mike Nifong walked out of jail Saturday morning after completing a 24-hour contempt sentence imposed by a judge for lying to the court about critical DNA evidence in the Duke lacrosse rape case.

Nifong left the jail shortly after 9 a.m., where he was greeted with cheers and applause by a small crowd of supporters in the lobby. They surrounded the disgraced and disbarred prosecutor as he moved through a thick crowd of reporters to a waiting car.

Nifong thanked the jail’s staff “for the professionalism with which I was treated and the respect which I was shown.”

“Other than that, I just want to go home and spend some time with my family,” he said.

The veteran prosecutor, who spent his entire career as an attorney in the Durham County District Attorney’s Office, won indictments last year against three Duke lacrosse players, charging them with raping a woman hired to strip at a team party.

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DURHAM - Interim District Attorney Jim Hardin has asked the State Bureau of Investigation to determine whether anyone should be prosecuted as a result of the Duke lacrosse case.

The request came during the past several days, but no decision had been made late Wednesday about whether to proceed.

“We’re reviewing the request at this point,” said Noelle Talley, a spokeswoman for the state Attorney General’s Office.

Hardin, appointed by Gov. Mike Easley to fill in as Durham district attorney after Mike Nifong was forced from office, declined to comment on the matter.

The Duke lacrosse case, which began with an escort service dancer’s allegations of gang-rape in 2006, ended on the criminal side last week when Judge W. Osmond Smith III found Nifong in contempt of court and sentenced him to a day in jail.

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Durham, NC — Civil attorneys for three former Duke lacrosse players are meeting today with attorneys for the city of Durham.

David Evans, Reade Seligmann and Collin Finnerty are considering a federal lawsuit against the city for violating their civil rights.

The players faced rape and kinapping charges after a woman said they attacked her at a party in march 2006. All the charges were eventually dropped.

There’s a special panel looking into how the police handled the case, but the committee’s work is on hold pending the civil suit.

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(09/05/07 — DURHAM) - Durham city attorneys are meeting today with civil attorneys representing the three former defendants in the Duke Lacrosse case. It’s the first time the two sides will meet.

Durham attorney Alex Charns has experience suing the city and tells Eyewitness News, the plaintiff’s lawyers play to win.

“Talking to the lawyers of the players is certainly better than refusing to talk, but they’re in a world of trouble because of their own conduct,” Charns said.

He’s won prior lawsuits filed against Durham’s police department. Charns says the decision for the city to meet with the lawyers representing the three men who were accused of sexual assault during an off-campus party in March 2006 is a good first step.

“Hopefully they’ll have a good discussion and the city of Durham will start to make progress instead of going backwards by denying wrongdoing,” he said.

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Durham — A new book about the Duke lacrosse case has made its way on book shelves.

“Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case, co-authored by K.C. Johnson, a history professor at the City University of New York’s Brooklyn College, was released Tuesday.

Johnson, who also runs a blog about the case called Durham-in-Wonderland, plans to visit Duke University next week to discuss the lacrosse case.

Johnson’s book is one of several about the case. Former Duke University men’s lacrosse coach Mike Pressler, who lost his job after the case broke last year, co-authored “It’s Not About The Truth,” with sports journalist and author Don Yeager. His book made the New York Times bestseller list.

Another book, “A Rush to Injustice,” was written by Nader Baydoun, a Tennessee trial lawyer and Duke alumnus. Both books were released in June.

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