Nifong prevails in DA race

The Durham district attorney bests Freda Black and Keith Bishop in a primary that rocketed to national prominence

DURHAM -- District Attorney Mike Nifong apparently kept his job in a primary election campaign that focused on his handling of an investigation into a reported rape at a Duke lacrosse team party.

With all but provisional and transfer ballots counted, Nifong edged former prosecutor Freda Black. Criminal defense and civil lawyer Keith Bishop finished in third place.

"I really felt like I was the best candidate all along," Nifong told reporters as the last of the results came in. "I am satisfied I did the case as it should be done. I am satisfied I did the campaign as it should be done."

Nifong spent little money and appeared at few campaign functions throughout the campaign. But he was a daily presence on front pages and television through much of April as the investigation of the lacrosse team party dominated regional and national headlines. He eventually cut off media contacts but not before granting more than 50 interviews, many on live national television.

Lawyers representing several team members and Nifong's two Democratic primary opponents sharply criticized his public statements, accusing him of using the case to win votes.

Early Tuesday night, Black told her supporters she had not yet given up. "Our hope is still that the votes will show that I am the most qualified," she said.

A spokesman said Black's campaign was waiting for the final canvass before conceding.

Nifong, a Durham prosecutor for more than 27 years, received 45 percent of the vote. Black had nearly 42 percent and Bishop had 13 percent, according to unofficial results with all but provisional ballots counted. The remaining ballots are expected to be tallied by Friday.

Under North Carolina law, if more than two candidates are running, the leading vote-getter wins the primary if that candidate has more than 40 percent of the vote.

Nifong will move to the November ballot. No Republicans filed for the office, so unless someone petitions to run as an unaffiliated candidate or launches a successful write-in campaign, Nifong will be the district attorney for a four-year term.

The rape investigation helped turn the Democratic primary into the biggest election story in the state. In Durham, turnout was far higher than the previous district attorney primary in 2002. Even those who were not allowed to vote wanted to weigh in.

"We had a lot of irate, irate Republicans who couldn't vote for district attorney," said Mike Ashe, director of the Durham County Board of Elections.

Criticism pervasive

The criticism of Nifong's handling of the case was frequent and widespread. Even those who voted for him said they were not happy with his early statements and interviews.

"I would call it an amateur's mistake. He wasn't used to dealing with the national media. But I don't think either of the other two are any kind of solution," said Tim Rauwald, who voted for Nifong in Forest Hills.

In his career, Nifong has tried more than 300 cases, about a quarter of them homicides. He has a reputation as a tough trial lawyer who opened all of his files for defense lawyers long before state law required it. But he hasn't tried a case in years. In 1999, he was diagnosed with cancer. Recovery took him out of the courtroom, and he spent the past few years negotiating cases in traffic court.

Nifong was appointed to the position a year ago by Gov. Mike Easley. He remained a little-known figure outside courthouse circles until news of the rape investigation broke.

On March 13, lacrosse team members hired two escort service dancers for a spring break party. One of the women says she was raped, sodomized, beaten and strangled by three men.