Nifong to resign, denies lying

District attorney could lose his law license today over his handling of lacrosse case

RALEIGH -- Mike Nifong, in halting and tearful testimony Friday, announced that no matter how a state disciplinary panel rules on the misconduct charges against him, he will resign as Durham district attorney.

The prosecutor, who still could have his law license revoked by the N.C. State Bar over his handling of the Duke lacrosse case, acknowledged he had made mistakes.

"Much of the criticism that has been directed at me in this case is justified," he said. "The allegation ... that I am a liar is not justified."

In cross-examination only minutes later, however, Nifong admitted that he repeatedly made false statements in court over a seven-month period.

In announcing his decision to resign, Nifong said it has "become increasingly apparent ... that my presence as the district attorney in Durham is not furthering the cause of justice.

"It is not fair for the people of my community to be represented by someone who is not held in high esteem by either the members of the community or members of the profession."

Gov. Mike Easley had not received anything from Nifong late Friday announcing his plans to resign. It would be up to Easley to appoint a district attorney to fill a vacant seat.

The resignation announcement capped a rough week for Nifong at the N.C. Court of Appeals building.

The State Bar has accused him of professional misconduct over his handling of the lacrosse case. He continues his fight today to save his law license.

The three-member panel of the Disciplinary Hearing Commission deciding his fate plans to complete the case and issue its ruling today.

From Tuesday to Friday, the State Bar put on a case against Nifong that ended with the emotional testimony of Reade Seligmann, one of the three former Duke lacrosse players who for a year battled accusations that they had sexually assaulted an escort service dancer at a March 2006 team party.

The charges were dismissed two months ago by N.C. Attorney General Roy Cooper, who declared the players innocent.

Seligmann, in halting speech with tears in his eyes, detailed a year in which he feared he might go to prison for more than three decades for a crime he did not commit.

"When I saw Mr. Seligmann," Nifong said, "I thought that his parents must be proud of him. I am very proud of my son. I want him to be proud of me. And I felt that it was important for him to see this. I always told him that in this case, though I've made mistakes, I was trying to do the right thing."

Nifong's tearful speech was followed by a tough cross-examination by State Bar lawyers who spent the past four days presenting their case against him.

DNA evidence

State Bar lawyer Doug Brocker pressed Nifong on his repeated assertions from May through September in court that he had provided all DNA evidence available in the case.

"I gave them everything I have," Nifong said. "If I don't have it, I'll get it."

Brocker pressed on. In May, June and September, Nifong stood in open court and said he had handed over all DNA results to the lacrosse players and their attorneys. Defense lawyers asked for all DNA test results. They asked that Nifong disclose his conversations with the private lab director who performed the tests. Nifong said there was nothing in those conversations to disclose.

Those statements were not true. On April 10, the lab director told Nifong that tests revealed DNA from unidentified men in and on the body of Crystal Gail Mangum, the accuser.

Brocker methodically confronted Nifong with his courtroom assertions.

Nifong responded at various points: