Monday, June 18, 2007 at 11:04 AM

Mike Nifong – rogue prosecutor in the Duke rape case – disbarred!

Posted by Anthony L. Hall

Given my chronicling of all major developments in the Duke Lacrosse rape case, it would be remiss of me not to comment on the fact that “persecutor Michael B. Nifong was disbarred on Saturday. His disbarment came at the end of a week-long trial, which featured Nifong as the star witness for his own defense.During his testimony, however, he shocked everyone, including his lawyer, by blubbering out the announcement that he was resigning as Durham County District Attorney because:

My community has suffered enough…It has become increasingly apparent, during the course of this week, in some ways that it might not have been before, that my presence as the district attorney in Durham is not furthering the cause of justice.


Not surprisingly, the three members of the North Carolina Star Bar disciplinary panel saw Nifong’s belated-concession as nothing more than a vain, inconsequential and patently-contrived attempt to manipulate their findings. Accordingly they found that he:

…manipulated the investigation [of three (white) players for allegedly raping a (black) stripper] to boost his chances of winning his first election for Durham County district attorney. In doing so, he committed a clear case of intentional prosecutorial misconduct that involved “dishonesty, fraud, deceit and misrepresentation.

[F. Lane Williamson, Chairman of the N.C. State Bar Disciplinary Hearing Committee]

Nevertheless, this finding was even more anticlimactic than last April’s decision by North Carolina Attorney General Roy Cooper to drop all charges against these players – as I predicted he would – because they were:

…innocent victims of Nifong’s tragic rush to accuse.

Therefore, I see no merit in reiterating the reasons why Nifong’s disbarment was the only just verdict the panel could render. Instead, I shall suffice to refer you to my Related Article below, which delineates the case for his inevitable indictment and conviction, and provides links to other articles dating back to his racially and politically-motivated filing of charges in this case.However, based on chats with friends over the weekend about his fate, I feel obliged to disabuse you of any undue sympathy you may feel for Nifong. After all, this is a man who wilfully withheld exculpatory DNA evidence and was prepared to throw three young men in prison on a rape charge that the world now knows he knew was bogus from day one – notwithstanding his disingenuous and fatuous claim that this obvious fact only became apparent to him last week.

Even worse, after wasting state resources to persecute these students (and forcing them to waste millions of dollars defending themselves), Nifong still could not bring himself to admit that he was dead wrong. Because when Chairman Williamson asked him, with manifest indignation, exasperation, and contempt, if he still believes the accuser he followed so merrily down a primrose path to career suicide, Nifong responded with reflective conviction:

…something happened.

It’s no wonder a lawyer for one of the exonerated players echoed Williamson’s indignation, exasperation and contempt when he declared after Saturday’s verdict that:

I don’t think any of us are done with Mr. Nifong yet.

Therefore, here’s to Nifong not only being disbarred but also losing his life savings. (Of course, he may even lose his freedom after he’s convicted on charges of obstruction of justice, which I fully expect to be filed in due course.)

Meanwhile, I hope the millions these wrongly-accused players will collect in civil damages from the state and Duke University will help assuage the emotional distress they and their families have suffered as a result of this legal “fiasco”.

UPDATE 3:15 pm EST:

According to one of my reliable readers over in America, CNN is reporting that Duke has reached a financial settlement with the three lacrosse players – to compensate for presuming them guilty and then effectively expelling them. Of course, I suspect the amounts shall remain confidential. But I have no doubt that they got enough from Duke to cover their legal bills…and then some. How ‘bout that?!

Now, on to the Nifong and the N.C. state treasury, which will have to indemnify his liabilities….

Related Articles
Rape charges against Duke Lacrosse players dropped



  1. Vidocq June 18, 2007 at 5:05 pm

    Prevailing Injustice!
    Or is it Malicious Prosecution!?

    By far, the Mike Nifong incident is not an isolated occurrence, as many maltreated defendants ought to know! The same could happen to, and should happen to, countless prosecutors throughout the nation (ever wonder why prisons are overcrowding!?)

    Because of the enormous publicity, Mike Nifong didn’t get away with his unjustifiable, unethical comments. Had it not been for the extensive publicity and well-paid defense attorneys, it is highly unlikely the accused Duke students would have escaped prosecution.

    My son is currently serving a sentence in Virginia for something he most definitely did not do. Again, due to Commonwealth attorney’s unethical tactics and deceptive comments, and certainly not by state’s evidence – because they had none; this to include ineffective assistance of counsel – the prosecution won hands down. The so-called public defender was useful and effective ONLY to the Commonwealth’s attorney, AND NOT AT ALL TO HIS CLIENT! Amazingly, proof is in the court records, which is currently being pursued for revaluation and hopefully, exoneration.

  2. ALH ipinions June 19, 2007 at 10:54 am


    I sympathise with outrage, regret your personal frustration and wish the very best for your son.

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