Nifong goes on the defense

State Bar adds withholding evidence and lying to earlier complaints against Durham DA

When Durham District Attorney Mike Nifong took his seat at the N.C. State Bar defense table Wednesday, the role-reversal became complete: The hunter is now the hunted.

Nifong was handed new, more serious ethics charges that accuse him of withholding favorable DNA evidence from defendants in the Duke lacrosse case and then repeatedly lying about it to judges and the state bar.

Wednesday's complaint heaped a new layer of legal troubles on Nifong, who was charged by the bar in December with making inflammatory public statements to reporters and misrepresenting the facts in the case. If prosecutors Katherine Jean and Douglas Brocker prevail, Nifong could face punishment ranging from a reprimand to losing his law license.

"Lying is really at the top of the list in terms of things lawyers just can't do. The whole thing is premised on integrity," said Joseph Kennedy, a UNC law professor. "And then lying about something as important as evidence suggesting innocence in a serious case, it just doesn't get any worse than that."

Nifong declined to answer questions Wednesday. David Freedman, one of his attorneys, said "any time any charges are filed with the State Bar, they're all serious, and we want to make sure we handle them all properly."

At the hearing, Nifong sat quietly at the defense table with his hands folded throughout the hearing, staring straight ahead. He did not once turn his head to look at the lawyers prosecuting him.

"The defendant, Mr. Nifong, is present," said Lane Williamson, who heads the bar's Disciplinary Hearing Commission and will act as a judge in the case.

Nifong has been intensely criticized for how he handled the case, which began in March when an escort service dancer said she was sexually assaulted by three lacrosse players. The three players charged -- Reade Seligmann, David Evans and Collin Finnerty -- have denied the charges of kidnapping and sexual offense and declared their innocence.

In December, Nifong dropped rape charges when the woman said she no longer knew whether she had been raped. In January, Nifong asked the attorney general to relieve him as prosecutor because of the earlier bar charges.

New charges

The new charges center on Nifong's handling of DNA evidence. In March, the State Bureau of Investigation examined the accuser's underwear and swabs taken from her body. The SBI couldn't find semen, blood or saliva.

In April, Nifong received a judge's permission to go to a private laboratory for more sophisticated tests, saying "the DNA evidence requested will immediately rule out any innocent persons."

The lab, DNA Security of Burlington, found DNA from at least four unidentified men but not a single cell from any lacrosse player. Brian Meehan, the lab director, discussed the results with Nifong in April and May.

Nifong should have given the results to defense attorneys, something required by state law, the N.C. State Bar rules and U.S. Supreme Court rulings.

Instead, Nifong hid the finding of DNA from unidentified men from defense lawyers, who repeatedly asked for all DNA test results, the complaint said. Nifong then lied to the court, either on paper or in direct comments to a judge, on five occasions from May to September, the complaint said.

The evidence spilled into public sight at a Dec. 15 court hearing where Meehan said that he and Nifong agreed in the spring not to report all the test results.

When the bar told Nifong on Dec. 20 that it was investigating withheld evidence and false statements, Nifong said he knew of the DNA results in April and May, the complaint said.