, Staff Writer
DURHAM -
A federal judge heard arguments Thursday about whether former District Attorney Mike Nifong's bankruptcy filing should continue to hold up the civil suit against him by three former Duke lacrosse players.William L. Stocks, chief bankruptcy judge for the federal district that includes Durham, delayed a ruling until next month to give lawyers time to do more legal research.Nifong declined to comment on the case after the one-hour hearing in the downtown Durham courtroom.The three exonerated players, Dave Evans, Collin Finnerty and Reade Seligmann, filed suit in October alleging that Nifong, Durham police and others conspired to charge them with gang-rape allegations that were "a total fabrication."Nifong, who was disbarred last year for misconduct in the lacrosse case, filed for bankruptcy protection in January, a legal maneuver that put the civil claims by the three exonerated players and others on hold.Lawyers Charles Davant and Dave Rudolf, representing the players, argued Thursday that federal bankruptcy court was not the right setting for their claims that Nifong maliciously and willfully prosecuted them.The two lawyers said Nifong was in effect putting the cart before the horse in his bankruptcy filing when he listed Evans, Finnerty and Seligmann as people to whom he might owe as much as $30 million each. Davant noted that in a previous bankruptcy court hearing, Nifong had disputed the players' civil claims."He vehemently denies that he owes the plaintiffs even a penny," Davant said.Bankruptcy rules would not protect Nifong from financial claims if a judge finds that he willfully and maliciously prosecuted the players despite the gaping holes in his case.The players' attorneys said that Stocks had only one question before him, whether the claims of willful and malicious prosecution would be heard in bankruptcy court and civil court, or just civil court."Regardless of how this court rules, we will persist with this claim," Rudolf said.Jim Craven, Nifong's attorney, argued that the players' claims of willful and malicious prosecution could be decided more quickly in bankruptcy court at much less expense.Nifong has two guitars, valued at nearly $3,000, Craven said, but little else in his estate."They have to know they're not going to get $35," Craven said.Rudolf, the lawyer representing Seligmann, said his client was more interested in airing his complaints against Nifong in court than in any financial awards a jury might decide."This is not a question of $35 or 35 cents," Rudolf said. "It's a question of assigning responsibility."The lawyers have until May 9 to submit further evidence to Stocks.
anne.blythe@newsobserver.com or (919) 932-8741