News & Observer | newsobserver.com | Rush to Judgment

Published: Apr 14, 2007 10:03 AM
Modified: Sep 04, 2007 09:11 AM

Quest to convict hid a lack of evidence

The district attorney moved quickly to take over the lacrosse inquiry. An N&O review shows that once he accepted the accuser's story, little else mattered

District Attorney Mike Nifong at a news conference at Durham police headquarters in mid-October.

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Five Important Moments

MARCH 13, 2006: Duke lacrosse players throw a party and hire two escort service workers to dance.

MARCH 14: Crystal Mangum tells police and medical personnel at Duke Hospital that she was gang-raped.

MARCH 15: Mangum goes to UNC Hospitals complaining of neck pain. She tells doctors she was drunk the night before.

MARCH 16: Mangum tells two Durham police investigators she was raped by three men: Adam, Brett and Matt. She views photos of 24 lacrosse players, including Reade Seligmann, but cannot identify any of her alleged assailants.

MARCH 21: Mangum views the photos of 12 more lacrosse players, including Dave Evans, and cannot identify any of her alleged assailants. She has viewed 36 of the 46 players under suspicion.

Audio: Jackie Brown


Jackie Brown describes how she became Mike Nifong's campaign manager.


Brown recalls how Nifong told her he wasn't that interested in the job.


Brown describes rushing back from Topsail Island to confront Nifong over his media statements on the lacrosse case.

THE SERIES

CHAPTER ONE

The unpredictable DA makes unusual decisions.

CHAPTER TWO

Sunday: Nifong believes the accuser's story. But has he really heard it?

CHAPTER THREE

Monday: The pursuit of DNA yields clues never pursued.

CHAPTER FOUR

Tuesday: An unsung lawyer cracks the code.

CHAPTER FIVE

Wednesday: An overlooked witness reveals new evidence.

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At dawn the next morning, Brown and her miniature dachshund, Daffany, headed back to Durham. She wanted to talk with her candidate.

This campaign had been unusual from the start. In April 2005, Nifong had been appointed by Gov. Mike Easley to fill Jim Hardin's unexpired term. Easley has said Nifong promised not to run for election. But he did, and he had strong opposition from former Assistant District Attorney Freda Black in the May primary.

When Nifong called Brown in the fall of 2005, looking for a campaign manager, Brown had never heard of the prosecutor. This was unusual for an insider who's well-connected with Durham's political organizations.

Brown agreed to meet him for lunch Jan. 2, 2006, at the downtown Marriott near the courthouse. Nifong showed up with his wife, Cy Gurney. As the women ate Caesar salads and Nifong tended to a steak sandwich, Gurney did most of the talking. Brown was struck by the first words out of Nifong's mouth.

"He said, 'I really don't want this job; I was the last one on the list. I just need three years and seven months for retirement. You won't have to worry about running another campaign for me.' "

Brown was taken aback: Did Nifong, then 55, really want to go through the hassle of a campaign? "He said, 'I know nothing about politics. That's why I need you to be campaign manager.' "

Four more years would make a big difference for Nifong's retirement. If he served five years as a district attorney, his 29 years as a regular state employee would apply to the more lucrative retirement plan for a district attorney; overnight, in April 2010, his annual pension would increase by at least $15,000 a year.

Brown signed on, with no idea that the political neophyte would become one of the nation's most famous prosecutors.

Grist for media mill

When Brown drove back from the beach, she found satellite trucks crowding the courthouse parking lot. Reporters and camera crews roamed the sixth-floor hallway outside Nifong's office, looking for an interview.

Nifong obliged, declaring that the rape was racially motivated. He ripped into the lacrosse players in an interview with The N&O: "I would like to think that somebody who was not in the bathroom has the human decency to call up and say, 'What am I doing covering up for a bunch of hooligans?' "

Seeing the crowd, Brown retreated to a corner and called Nifong several times on his cell phone, she said. No answer.

When Nifong left his office to go to the men's room, Brown maneuvered him into a corner so her back was to the cameras.

"What are you doing? Why don't you answer my calls?"

The television reporters had asked that he turn off the cell phone so it wouldn't ring during interviews, Nifong said.

"I said, 'You don't have any idea what the impact is going to be on your campaign.' He said, 'I'm getting a million dollars of free advertisements.'

"I left and didn't say another word."


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Staff writer Joseph Neff can be reached at 829-4516 or joseph.neff@newsobserver.com.
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