Durham County District Attorney Mike Nifong has never been afraid to take a case to trial. He has been criticized this year for pursuing a rape case against three Duke University lacrosse players despite evidence that defense lawyers say no rape happened.

This isn't the first time he has championed such a cause. In 1994, Nifong and another assistant district attorney prosecuted a rape case against Timothy Malloy, a prison guard and convenience store clerk. Malloy was acquitted after a five-day trial.

The testimony in the Malloy case was preserved on a court reporter’s audio tape. The tapes reveal a prosecutor who confidently prosecuted a rape case in the face of a strong defense.

Listen to the first audio track

Speaker: Bob Brown, defense lawyer for Timothy Malloy

Date: Aug. 3, 1994

Context: This is a clip of Brown's opening statement. He is summarizing holes in the state's rape case against Timothy Malloy.

Transcript:

BOB BROWN: That's not all you're going to hear. There's a number of other things you're going to hear because the one thing this case really boils down to is whether or not this lady's telling you the truth, because there's no other evidence that backs her up. There's no other evidence that backs her up.

Listen to the second audio track

Speaker: Mike Nifong, Accuser

Date: Aug. 4, 1994

Context: When the victim testified, the defense attorney put her through a difficult cross-examination. He highlighted false statements she had made on job and credit applications. He also highlighted things she told investigators about the alleged rape that were not true. Nifong got the witness back and very simply asked her whether she was telling the truth about her allegations.

Transcript:

MIKE NIFONG: Yesterday afternoon, Mr. Brown cross examined you for several hours about allegedly incorrect and incomplete statements that you made on various job applications, credit applications and things of that nature. On any of those other occasions he was asking you about were you under oath and sworn to tell the truth as you are today?

ACCUSER: On any of the... I'm sorry.

MN: On any of the occasions he was talking you about yesterday, When you filled out job applications and credit applications and stuff like that, did you swear on the Bible like you did before with this jury to tell the truth?

ACCUSER: No, sir.

MN: Now what you've told the jury yesterday and today has been after you've taken an oath on the Bible to tell the truth?

ACCUSER: Yes, sir.

NIFONG: As far as you know have you told the jury the truth both yesterday and today in everything that you've said.

ACCUSER: Yes, I have, sir.

Listen to the third audio track

Speakers: Mike Nifong, Timothy Malloy

Date: Aug. 8, 1994

Context: Malloy, the defendant, says he did not have a gun that night and the sex was consensual. Malloy's lawyer pointed out that Malloy was wearing a burgundy track suit that night and that the elastic waistband of his pants could not have held up a gun. When Nifong cross-examined Malloy, he got specific about the clothing and also let a little of his wit slip through.

Transcript:

Timothy Malloy: Probably sweat socks. White sweat socks.

Mike Nifong: Probably or?

TM: Yeah.

MN: Or that's what you were wearing?

TM: That's what I was wearing. White sweat socks.

MN: And what kind of shoes?

TM: Tennis shoes.

MN: When you say tennis shoes?

TM: Nike sneakers.

MN: Are you giving me examples or are you telling me what you were wearing?

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