Nifong says he's innocent

District Attorney Mike Nifong said in a response to the N.C. State Bar today that the rights of the defendants in the Duke lacrosse case were not violated because they and their attorneys knew of DNA evidence that could help their case before a trial date was set.

Nifong's response comes nearly a month after the Bar filed ethics charges against Nifong, accusing him of withholding DNA evidence favorable to the defense in the sexual assault case, and then lying about it to court officials. The Bar is the agency that licenses and regulates lawyers in the state.

In the response, filed this afternoon, David Freedman and Dudley Witt, lawyers representing Nifong, asked the Bar to dismiss portions of its charges against Nifong.

On Dec. 28, the Bar accused Nifong of violating ethics rules during media interviews shortly after an escort service dancer alleged that she was gang-raped at a Duke lacrosse team party last March. On Jan. 24, the Bar added charges accusing Nifong of withholding crucial evidence from the defense.

In the response, the lawyers said Nifong handed over 1,844 pages of evidence to the defense on Oct. 27. After a thorough review of those documents, defense lawyers argued that a report by a private DNA lab in Burlington did not include evidence favorable to the defendants.

Nifong's attorneys said that "at a reasonable time prior to trial, the Duke defendants knew of the existence of the 'potentially exculpatory evidence.'"

In response to the first Bar charges, Nifong's lawyers wrote that he made most of his early comments about the case before specific defendants had been charged with a crime and that he was only trying to reassure the public that the police were investigating the case and could benefit from help from the public.

"Defendant further admits that at the time he made said statements that he did not fully understand the extent of the national media interest in this particular investigation and as such he did not comprehend the effect said statements may have on any matters related to the case."

By the time Nifong started talking about the case, 46 members of the 47-man Duke University lacrosse squad had given DNA samples and were potential suspects. The team was under investigation after an escort service dancer hired to perform at a team party said she was assaulted by men in a bathroom.

Three members of the 2006 team -- David Evans, 23, Collin Finnerty, 20, and Reade Seligmann, 20 -- eventually were charged with rape. Those charges were later dropped, but the men still face charges of sexual assault and kidnapping.

On Jan. 12, Nifong asked State Attorney General Roy Cooper to take over the case. Special prosecutors James Coman and Mary Winstead have been reviewing the evidence and interviewing key witnesses since then.