Mike Nifong
Michael Nifong | |
|---|---|
| North Carolina District Attorney for Prosecutorial District 14 | |
| Assumed office April 27, 2005 | |
| Preceded by | Jim Hardin |
| Constituency | Durham, North Carolina |
| Personal details | |
| Born | September 14, 1950 Wilmington, North Carolina |
| Political party | Democratic |
Michael Byron "Mike" Nifong (born September 14 1950) is the district attorney for Durham County, North Carolina (the state's 14th Prosecutorial District), best known for his role in the 2006 Duke University lacrosse case, which has resulted in media criticism as well as investigation by the state bar association.[1] 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 has filed an ethics complaint against him for "conduct involving dishonesty, fraud, deceit, or misrepresentation,"[2] while "Defense attorneys, legal experts and even longtime colleagues are raising serious questions about District Attorney Mike Nifong's judgment and integrity."[3] 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.[4] 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.[5] 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.[6]
Biography
Nifong was born in Wilmington, North Carolina, the son of Shirley S. and Julius Lee Nifong, a Bureau of Alcohol, Tobacco, Firearms and Explosives agent.[7] Nifong grew up in Wilmington, North Carolina, where he attended New Hanover High School. He attended the University of North Carolina at Chapel Hill for his undergraduate education, earning a bachelor of arts degree in political science, and in 1978 graduated from the university's law school.
After being unsuccessful finding a job in a district attorney's office, Nifong finally landed a job in the district attorney's office in Durham by volunteering to serve as an unpaid attorney under then D.A. Dan Edwards in 1978.[8][9] When a vacancy occurred in an assistant D.A. slot in 1979, Nifong was offered the permanent position.[8]
Nifong ascended to the Durham district attorney position in April 2005, appointed by Governor Mike Easley upon the resignation of D.A. Jim Hardin. Prior to that, Nifong had been serving as chief assistant D.A. for three years[9] and had worked in the Durham office for his entire career. Nifong was recommended for the D.A. position both by Hardin and former D.A. Ron Stephens.
Easley has subsequently stated that Nifong is "the poorest appointment" he ever made.[10] At the time of the appointment, Nifong told Easley that he would not run for the office.[10] However, when Nifong broke his promise and ran for the office in 2006, Easley said he "almost un-appointed him."[10]
Nifong is widely regarded as a sharp lawyer, but also has a reputation for relishing both power and foul language as well as being "prone to volcanic tantrums."[11] Glenn Gray, a courthouse co-worker complained, "He would curse you, scream at you, call you names over nothing".[9] At the time the lacrosse case broke, Nifong was being challenged in the Democratic Party primary by a former colleague. According to his initial campaign manager (who later advocated the "Recall Nifong" effort), Nifong told her, "I really don't want this job; I was the last one on the list. I just need three years and seven months for retirement. You won't have to worry about running another campaign for me."[12] By increasing his time as DA by four years, Nifong's pension would increase by $15,000 a year upon retirement.[13]
He is married to Cy Gurney and has a son along with a daughter from a previous marriage.
Duke lacrosse case
In regards to the lacrosse case, Nifong initially garnered support in some quarters for defending the rights of the alleged victim, Crystal Gail Mangum, an African American woman who was working as a stripper.[14][15] 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[16], The New York Times[17][18], The News & Observer[1][19], New York Magazine[20], Washington Post[21], Washington Times[22], L.A. Times[23], New York Daily News[24], National Journal, Newsweek, Charlotte Observer[25], Newark Star-Ledger[26], San Diego Union Tribune[27], Rocky Mountain News[28], Greensboro News & Record[29], and Wilmington Star[30]. 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.[31]
Critics of the district attorney have requested that Nifong be investigated, punished and disbarred for his actions in the rape case.[32] On December 12, 2006, it was reported that Republican Representative Walter Jones of North Carolina's 3rd district sent a letter to US 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;[33] Gonzales has stated that his office might investigate how Nifong has handled the case.[34] Critics have noted that police were instructed to "Go through Mr. Nifong for any directions as to how to conduct matters in this case.", a unusual move for prosecutor.[35]
Prior to the most intense criticism of his handling of the case, Nifong won the Democratic primary on May 2 2006.[36] 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.[37]
Nifong won the general election in November 2006, acquiring 49% of the votes, while Durham lawyer and Democrat Lewis Cheek received 40% even though he said he would not serve if elected,[38] 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 University 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.[39] 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.[40]
Orlando Sentinel and 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."[41]
On January 12, 2007, Nifong sent a letter to North Carolina Attorney General Roy Cooper asking his office to assume responsibility of the case.[42] This came just days after the accuser changed her story yet again, now claiming that Reade Seligmann was not involved in the alleged attack.[43][44] Previously she had accused him and two others of the alleged rape. Despite this new revelation, charges against Seligmann had yet to be dropped.[43][44]
On January 13, 2007 North Carolina Attorney General Roy Cooper announced that his office would take over the case.[45]
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".
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."[2] 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.[46]
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.[6]
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 [Nontestimonial Identification Order] 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."[47][48]
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.
Footnotes
- ^ a b Lacrosse files show gaps in DA's case. The News & Observer. 6 August 2006.
- ^ a b N.C. bar files ethics charges against Duke lacrosse prosecutor. Associated Press. 28 December 2006.
- ^ Attorneys Question Handling of Duke Case. WRAL.com. 28 December 2006.
- ^ http://www.wral.com/news/state/flash/1121238/ (flash)
- ^ http://abcnews.go.com/US/LegalCenter/story?id=2791514. ABC News. 12 January 2007.
- ^ a b N.C. state bar files more ethics charges against Duke lacrosse prosecutor. Associated Press. 24 January 2007.
- ^ http://freepages.genealogy.rootsweb.com/~battle/celeb/nifong.htm
- ^ a b About Your District Attorney (accessed 2 Feb 2007)
- ^ a b c "Stormy DA at center of lacrosse case" News & Observer. 1 Oct 2006
- ^ a b c "Easley: Nifong broke his word" News & Observer. 3 Feb 2007
- ^ Quest to convict hid a lack of evidence. The News & Observer. 14 April 2007.
- ^ Quest to convict hid a lack of evidence. The News & Observer. 14 April 2007.
- ^ Quest to convict hid a lack of evidence. The News & Observer. 14 April 2007.
- ^ 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= - ^ ""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) - ^ Duke Rape Suspects Speak Out. 60 Minutes. 15 Oct 2006.
- ^ Kristof, Nicholas. "Jocks and Prejudice". The New York Times. 11 June 2006
- ^ Brooks, David. "The Duke Witch Hunt" The New York Times. 28 May 2006
- ^ Nifong's move. The News & Observer. 23 December 2006.
- ^ Rape, Justice, and the ‘Times’. New York Magazine. 16 October 2006.
- ^ Prosecutorial Indiscretion. Washington Post. 31 December 2006.
- ^ The Duke Case. The Washington Times. 27 December 2006.
- ^ Duke case. L.A. Times. 26 December 2006.
- ^ The Duke Three should go free. New York Daily News. 29 December 2006.
- ^ Investigate the investigation. The Charlotte Observer. 23 December 2006.
- ^ The prosecutor is guilty. The Star-Ledger. 30 December 2006.
- ^ Just who's guilty?. The San Diego Union Tribune. 30 December 2006.
- ^ North Carolina's out-of-control DA. Rocky Mountain News. 3 January 2007.
- ^ Nifong begins retreat from Duke rape case. Greensboro News-Record. 23 December 2006.
- ^ Add another DA to the sorry list. Wilmington Star. 21 December 2006.
- ^ Beard, Aaron (October 27 2006). "Prosecutor Yet to Interview Rape Accuser". Associated Press.
{{cite news}}: Check date values in:|date=(help) - ^ DA's critics ask bar, feds to intervene. The News & Observer. December 3 2006.
- ^ Inquiry of Nifong eyed over lacrosse, Durham Herald-Sun, 12 December 2006.
- ^ Nifong Probe Possible, U.S. Attorney General Says. Wral.com. 17 December 2006.
- ^ 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) - ^ 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) - ^ Sowell, Thomas, The Real Issue at Duke, townhall.com, Jan 2, 2007.
- ^ Cheek stumps in DA race. News & Observer. 13 October 2006.
- ^ Duke rape charges dropped. Associated Press. 22 December 2006.
- ^ Duke rape charges dropped. Associated Press. 22 December 2006.
- ^ Lacrosse players `Nifonged'. The Charlotte Observer 28 December 2006.
- ^ http://abcnews.go.com/US/LegalCenter/story?id=2791514. ABC News. 12 January 2007.
- ^ a b Lacrosse Defense: Accuser's Story Changes Again. WRAL.com. 11 January 2007.
- ^ a b Accuser changes story in lacrosse case. The News & Observer. 11 January 2007.
- ^ "Prosecutor Mike Nifong Removed From Duke Case". WCBS-TV New York. 2007-01-13. Retrieved 2007-12-14.
- ^ State Bar Files Ethics Complaint Against Mike Nifong. WRAL.com. 28 December 2006.
- ^ Brief in Opposition To Motion To Dismiss. The North Carolina State Bar. 19 March 2007.
- ^ State Bar Says Nifong Skirted System in Handling of Duke Lacrosse Case. WRAL.com. 20 Mar 2007