EDITORIAL: Disbarment is Not Enough: N.C.'s Nifong Should Face Criminal Charges Over His Handling of

Jun 19, 07:47 AM

Current Headlines: By Newsday, Melville, N.Y.

Jun. 19--They ought to throw the book at Durham's defrocked District Attorney Michael Nifong.

Stripping him of his law license is not enough. We are talking about the very integrity of our criminal justice system here. His flagrant abuse of his prosecutorial power must be punished to the maximum extent of the law, as an example to every other prosecutor tempted to play fast and loose with the facts.

Nifong is the district attorney who brought rape charges against three Duke University lacrosse players, when the evidence showed that the charges were not justified. But the prosecutor, facing re-election, chose to ignore evidence that documented the students' innocence and used his bully pulpit to condemn them in public, even before a trial.

The media was complicit, as well, in buying into Nifong's publicity campaign and not adhering to the basic tenet of our justice system: that you are innocent until proven guilty.

During an ethics hearing about his conduct, Nifong said he would resign as district attorney. The hearing concluded with his disbarment.

But that's not enough. The state of North Carolina ought to pursue criminal contempt charges against Nifong for withholding key DNA evidence. He also could face civil lawsuits. Nifong admitted making mistakes, but he insisted they were not intentional. That's not nearly good enough.

Prosecutors have the power to disrupt and ruin innocent lives when they go off the rails. Fortunately for the young men accused in this case, their families had the resources to hire high-powered defense attorneys and fight the system. But, as one of the students said himself, what happens to the people who don't?

-----

To see more of Newsday, or to subscribe to the newspaper, go to http://www.newsday.com

Copyright (c) 2007, Newsday, Melville, N.Y.

Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.