More Ethics Charges Filed Against Durham DA
Posted: Today at 9:46 a.m.
Raleigh — New ethics charges have been filed by the State Bar accusing Durham District Attorney Mike Nifong of withholding DNA evidence and misleading the court in the Duke lacrosse case.
An amended complaint from the State Bar cites findings from April 2006 that DNA tests found on the alleged accuser excluded all of the Duke lacrosse players as potential contributors.
The complaint states Nifong was told of the test results by Brian Meehan, the director of the DNA company where the tests were performed. The amended complaint also states that Nifong and Meehan agreed the "potentially exculpatory DNA evidence and test results" would not be provided to defense attorneys.
In subsequent court hearings, Nifong told defense attorneys that he had released all of the evidence that would potentially benefit the defense.
"I'll do what I've been doing. Whatever I'll say, I'll say in the courtroom," Nifong said.
In its complaint, the State Bar also cited dozens of pretrial comments Nifong made to the media early on in the case that may have been deceptive and dishonest.
"I'll say anytime any charges are filed with the State Bar, they are all serious, so we want to make sure we handle them all properly," said David Freeman, Nifong's attorney.
On March 13, 2006, a woman, who was working as an exotic dancer, claims she was assaulted by three men during an off-campus party in March involving members of the Duke lacrosse team.
Last month, Nifong dropped rape charges against Reade Seligmann, Collin Finnerty and David Evans in the case after the accuser wavered in her account of key details in the case. The three men still face sexual assault and kidnapping charges and all three men have maintained their innocence.
According to Freedman, Nifong stepped down from the case in early January because the pending ethics charges created a conflict of interest. The state Attorney General's office is now reviewing the case.
Also, during a court hearing on Wednesday, Nifong's attorneys were granted an extension to make their official response to the State Bar. (Read the hearing transcript. The new deadline to address the charges will be Feb. 21, but that deadline could be extended if needed.
The amended charges could lead to Nifong's removal from the State Bar.
WRAL also talked to several defense attorneys representing the players in the case. They said that since Nifong has recused himself from the case, they have no comment about his legal issues.
