More Ethics Charges Against Ex-Duke D.A.

Prosecutor Accused Of Withholding DNA Evidence, Making Misleading Statements

(CBS/AP)  The North Carolina State Bar has added additional ethics charges to a complaint filed against the prosecutor who brought sexual assault charges against three Duke lacrosse players, accusing him of withholding DNA evidence and making misleading statements to the court.

The added charges were made public Wednesday, about an hour before Durham County District Attorney Mike Nifong was scheduled to appear at a conference to discuss details of the ethics case. The changes could lead to Nifong's removal from the bar.

The charges arise out of a case where three former Duke University lacrosse players are accused of sexual offense and kidnapping.

The State Bar's amended complaint alleges Nifong made false statements; made extrajudicial statements that were prejudicial; failed to comply with discovery rules; and engaged in conduct that involved "dishonesty, fraud, deceit or misrepresentation as well as conduct that is prejudicial to the administration of justice."

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N.C. State Bar Complaint Against Nifong

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Nifong's office arranged for a private lab to conduct DNA testing as part of the investigation into allegations three men raped a 28-year-old woman hired to perform as a stripper at a party thrown by the lacrosse team last March.

At a hearing last month, Dr. Brian Meehan (who was hired by Nifong to conduct DNA testing on evidence collected hours after the alleged attack) testified that he and Nifong agreed to limit the report to "just the stuff that matched" the lacrosse players or three of the accuser's friends.

In an interview earlier this month with 60 Minutes correspondent Lesley Stahl, Meehan said he found DNA evidence from other unidentified men, and none from any of the lacrosse players. He spelled out that information to Nifong in person and on the phone – but left out that potentially exculpatory information about the other men from his report.

Though made aware of this information by Meeham, Nifong did not make that exculpatory evidence known to the defense, and did not do so until ordered to by a judge several months later.

The bar complaint alleges those results weren't released to defense lawyers in a timely fashion and that Nifong repeatedly said in court he had turned over all evidence that would potentially benefit the defense.

Nifong's actions constitute a "systematic abuse of prosecutorial discretion ... prejudicial to the administration of justice," the complaint read.

Nifong was to appear with his attorney at a procedural conference Wednesday morning to discuss scheduling and other administrative details of the ethics complaint.

Last month, the bar charged Nifong with violating four rules of professional conduct by making misleading and inflammatory comments about the athletes under suspicion. Citing the conflict of interest created by the ethics charges, Nifong asked the state attorney general's office to take over the lacrosse case.

Attorney General Roy Cooper has pledged a thorough review of the remaining charges pending against lacrosse players Dave Evans, Collin Finnerty and Reade Seligmann. While Nifong dropped rape charges in late December after the accuser changed a key detail in her story, they are still charged with sexual offense and kidnapping.

All have strongly maintained their innocence.

Meanwhile, the News and Observer of Raleigh is reporting that the career of an investigator working for prosecutors in the Duke lacrosse sexual assault case has included complaints — including one that he lied as a witness.

Linwood E. Wilson, 58, Nifong's only full-time investigator, originally was hired to find people accused of writing worthless checks, The News & Observer said.

Wilson was a retired private detective when the Durham district attorney's office hired him four months before the March 13 lacrosse party where a stripper hired by the team said she was attacked.

Wilson has never been charged with a crime. His file at the state agency that licenses private investigators shows that he was investigated 20 years ago for making false statements on the stand and setting up an illegal wiretap, the newspaper reported.

Wilson said he's ready to stand by his role in the lacrosse investigation.

He also said he's worked with some of the defense attorneys in the case or their law partners as a private investigator.

[plowhandle]

The use of the words "Justice" and "North Carolina" cannot really be used in the same sentence.

Nifong is an ignorant example of what Republiscum Party politics has done to this nation. Run your own campaign for your candidacy on a platform of 'family values,' and, after you've been elected, proceed to segue into the usual dirty tricks, lies, cover-ups, and aberrations and perversions that the Republishit Party is known for. Tell the populace that you are operating in their best interests. Do what it takes to make it seem so.

Strange case of reverse-racism here...but not uncommon. Political correctness out of control - especially in the states where everybody married a cousin...and where cliche -addled minds parrot the latest phrases endlessly.

[gwlafayette]

Nifong is the white version of an Uncle Tom. What he has done is absolutely unforgivable, and it seems that we see his kind all the time. Exploiting the stereotype of "white priveledge" to further his career has become common amongst many European-Americans. I bet he would be afraid to hold a person of color accountable for anything. He is a prime example of the cowardly PC Euro-American that has willingfully become a slave. He should be imprisioned.

[dogsoul]

At its core, this particular case reveals the hypocrisy & double-standards held by many groups whose very identity is often tied to the denunciation of racism, sexism & other forms of abuse. Many have shown THEMSELVES to be racists, to be mysandrists, to be abusive, and to presume guilt on the basis of such bigotry.

How else can you define groups of people who presume guilt without any evidence whatsoever - some even continuing to press for guilt when the evidence clearly shows innocence? Those Duke faculty that presumed guilt - those feminists & their supporters who protested & demonized the players - those in the black community that rallied against the players - those in local gov't, especially Nfong, who are STILL on the attack against those players despite having no case, those in the media that reported biased information, the list goes on... YOU are the predators - YOU.

[vancouverboo]

Re. the Duke professor who resigned all her committee positions in protest of Nifong's dropping the rape charges, now would be a good time to resign your post at Duke, your tenured post that prevents your ever being fired, no matter how incompetent your are, to prove your convictions are real and not just an empty gesture to get out of doing real committee work. lol.

[bluestardad]

This DA is only one there are many DA's Across the Nation that engage in Criminal Activities to get a conviction and innocent people suffer because of it.

[tajomari]

Winstrv
Whenever an innocent person is accused of a crime, it is horribly. However, ignorant, racist and misinformed comments do not help anyone. All you have to do is turn to the history channel and see the great injustices faced by african american. It was not just made up.

[jeannec3]

I'm wondering if this stripper did this thinking that she could get money by filing a Civil Suit against the players. I don't think in her wildest dreams she thought things would go this way. And sence it was a spare of the moment idea,she hadn't thought it out well. And so she couldn't keep her story straight. And I don't think she remembered they do rape kits. She needs to pay for this and go to jail.
And as far as the DA goes..... he was just after a promotion. But he also didn't use his brain ( if he has one ) to make sure he had a solid case. He REALLY needs to be put in jail and debared. And any other cases he might have been involved in should be looked into. If he did to those cases what he did to this case,should all be investigated.

[gunnerv1]

Who*e/Sl*t

[gunnerv1]

None of the men at the party had their DNA match up to what was found on/in her. She's a common ***/*** that thought she found her "Golden Ring" on he ride of life.

[gunnerv1]

This is going To give cause to open every past case this jerkwad has ever had his fingers on to see if anyone else was "Railroaded".

[ajaxrose1]

cryonbrian: Don't lump us all together and pretend to know what everyone else is doing and how we think. You don't know as much as you think you do, wherever you're from.

Personally, I hope they nail this D.A.'s butt to the wall. He was only out for political gain and to that end, he lied about things and skewed the whole investigation to get the result he wanted. How many other times has he done this? How many other D.A.'s in other states are doing it? Lawyers aren't trusted by the public as it is and this idiot didn't help. He was simply ready to destroy people for his own gain rather than try & find out what actually happened.

As for the accused, what happened to being innocent until PROVEN guilty, in this case, of rape? Oh, that's right, there IS no evidence to prove they're guilty of rape. In fact, the evidence released has, so far, shown they aren't. If there was evidence they'd done it, I'd say lock them up, castrate them, and throw away the key, but you can't do that for no other reason than because they're white guys from families of means. I'm sure they probably need to get a clue about a lot of things outside their privleged circle, but there's no excuse for trying to ruin someone's life before they've even had a trial.

[jabberwock11]

"I just remembered a guy in college was about to rape a drunk chick who had passed out on the sofa, I had to stop him, he was pulling her clothes off."

Gee how interesting. I've been at parties with drunk guys and woman and no one tried to rape anyone. Must be the friends you run with.

[bluestardad]

This is so sad! He is just one DA you are sure to bet that this type of dishonesty has gone on across the united states and innocent people are in jail right now because of it!

[bernieb14]

cryonbrian

You may be right about that. People should research the facts about current events by reading various news articles, TV, and independent research online. There are too many people in this country that rely too much on hearsay and the 3 major news channels.

[cryonbrian]

Bernieb14
I am not putting American%u2019s down, I am just stating facts! Americans get their facts from watching movies. Am I wrong?

[bernieb14]

cryonbrian

What did you mean by saying "What do you think, I'm a typical American?"

Sounds like you are racist towards Americans too!! What's up with that? where are you from anyway?

[cryonbrian]

Bernieb14

I don%u2019t give a hoot one way or the other about these fools who put themselves in a stupid situation! The slave and master%u2019s quarters terminologies are used to give the sentences that I write some life. As for black and white issue%u2019s, why would I waste my energy on such nonsense!

[sharncedar]

I can guarantee a rape if 8 footballs players are drunk and you throw a drunk woman in the room with them. I guarantee she'll get raped, I'll put money on it. I just remembered a guy in college was about to rape a drunk chick who had passed out on the sofa, I had to stop him, he was pulling her clothes off. Just typical of drunk young guys. He wasn't even an athlete. Give me a break, of course these guys did it, if not those exact guys, someone at that party raped her.

[bernieb14]

Now you are putting down Americans. Are you going to deny that too?

[bernieb14]

cryonbrian

It has to do with you always bringing up slaves and masters and stuff like that. A month ago after the evidence pointed that these guys had nothing to do with this, you were still out to get them during discussion in this forum. Why, I have no idea except for that they were white from what your dialogue suggested. It sounds like you are still on that same page.