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Published: Jan 26, 2007 12:00 AM
Modified: Jan 26, 2007 07:55 AM
 

Professors say Nifong mishandled Duke case

DURHAM - This was not a crowd in which you would expect to find an ardent supporter of District Attorney Mike Nifong.

It was Duke University, after all, the school attended by the three former lacrosse players charged in the sexual assault case that has stirred torrents of criticism.

Three law professors on a Duke panel Thursday afternoon dissected the actions of Nifong over the past 10 months, and they concluded that he is a prosecutor headed for serious sanctions by the State Bar.

"If everything's established, we're looking at a significant suspension," said Tom Metzloff, a Duke law professor who also serves on the bar's ethics committee, which had nothing to do with the charges brought against Nifong.

The bar's Disciplinary Hearing Commission will weigh the ethical and misconduct charges. On Wednesday, less than a month after the bar accused Nifong of making inflammatory public statements about the case, additional charges were filed accusing him of withholding DNA evidence favorable to the defendants and lying repeatedly about it to judges and the bar.

The Duke panel discussion, held at lunchtime Thursday in a law school auditorium, explored the role of the prosecutor and media.

Metzloff was joined by Duke law professor James Coleman, a vocal critic of Nifong; Michael Tigar, an American University law professor who represented Terry Nichols in the Oklahoma City bombing case and other high-profile defendants; and Joseph Neff, an investigative reporter with The News & Observer who has covered the case.

Coleman questioned why Nifong and his investigators did not pursue DNA evidence found on the accuser from people not on the lacrosse team. If a sexual assault occurred, Coleman said, the evidence might lead to different suspects.

Coleman reiterated his position that Nifong's early statements were racially inflammatory and appeared to be for political gain.

"My overarching concern was because of his statements and the effect they had on the community, ... [Nifong] increased the chances that some students could be wrongfully charged, someone could be wrongfully convicted," Coleman said.

Tigar was critical of Nifong's pretrial publicity and said the prosecutor did a distinct disservice to people who want to bring complaints of wrongdoing.

Some people, Tigar said, might be less likely to believe victims. Criminal victims, he added, might be more afraid to come forward for fear their case would become a media magnet.

Furthermore, Tigar said, Nifong should not have derided the players for invoking their Constitutional right to counsel -- a hallmark of the justice system.

Two Duke alums, in Durham from Cleveland for the Blue Devils basketball game Thursday night, lauded Tigar for a metaphor he used about the dangers of prosecutors trying cases in the media.

"The metaphor of this 'sanctuary in the jungle,' that really says it all, it's what legal systems are supposed to be," said Marie Grossman, a 1963 Duke graduate.

Staff writer Anne Blythe can be reached at 932-8741 or ablythe@newsobserver.com.

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