Judge to Suspend Dallying Nifong Today: The Removal Process is Laden With Uncertainty; It Has Been U

Jun 19, 06:25 AM

Current Headlines: By Anne Blythe and Joseph Neff, The News & Observer, Raleigh, N.C.

Jun. 19--DURHAM -- The county's top judge plans to suspend Durham District Attorney Mike Nifong today after learning that the prosecutor, soon to be stripped of his law license, intended to hang around until July 13.

Judge Orlando Hudson said Monday night that he will appoint a private lawyer to push ahead with a removal petition claiming Nifong brings disrepute to his office.

And on Monday, Duke University announced a settlement with the former lacrosse players whom the prosecutor loudly and wrongly accused of raping an escort service dancer. Neither Duke nor the players disclosed how much money changed hands, but the university, which had suspended the players still enrolled at the time of the accusation, expressed regret.

Hudson, by suspending Nifong with pay, will take a first step in a process that allows Superior Court judges to oust district attorneys, elected officers of the court.

Beth Brewer, a Durham resident, petitioned Hudson in February for such an ouster, saying Nifong's misconduct in the Duke lacrosse case stymied justice. "That man should not spend one more minute in office," Brewer said Monday.

Neither Nifong nor the lawyers who represented him before a State Bar disciplinary proceeding could be reached for comment.

Hudson asked Robert Zaytoun, a Wake County lawyer, to help prosecute the case against Nifong. Because the process has been used only one other time in North Carolina -- against a New Hanover County district attorney who uttered a racial slur -- Hudson said he is uncertain what to expect.

He was not sure whether Nifong's suspension would create an immediate vacancy or whether Gov. Mike Easley would be called on to appoint a district attorney.

After a five-day disciplinary proceeding that concluded Saturday, Nifong stands guilty of numerous ethics violations and awaits the stripping of his license. That will happen 30 days after the bar files a written order, which could take several weeks.

Lane Williamson, chairman of the disciplinary panel, described Nifong's handling of the Duke lacrosse case as "a fiasco" and said it had fostered distrust in the North Carolina justice system.

In testimony from a string of witnesses, including Nifong himself, lawyers for the bar, the organization that licenses and disciplines lawyers, laid out a case against the veteran prosecutor that forced him to admit making false statements to the court and failing to turn over crucial evidence to defense lawyers.

In tearful testimony Friday, Nifong announced his plans to resign as the district attorney of Durham, a job he has held since April 2005.

"It has become increasingly apparent during the course of this week ... that my presence as the district attorney in Durham is not furthering the cause of justice," he said.

Jackie Brown, Nifong's former campaign manager who parted ways with him over his handling of the lacrosse case, said Monday that Nifong's decision to remain in office four more weeks made those words seem disingenuous.

"To me, he is thumbing his nose at his own statements that he made before the bar," said Brown, a Durham resident who spent the past week in Raleigh attending the bar proceedings. "He's going out on his own terms, on his own time. Last week, I believed he was sincere in what he was saying about resigning to let Durham heal, to let his family heal and just to get this all behind him. ... Then he comes out this morning and it's business at usual."

Staying on an extra month does little for Nifong's state pension. If he resigned Monday, Nifong would collect a monthly pension of $5,365.20 , according to the State Treasurer's Office. Staying in office for four more weeks would add $27.90 to his monthly pension.

'He should have left'

Easley, who appointed Nifong to fill a vacancy in 2005, said he would get rid of the district attorney immediately if he could. "I think he should have left and not gone back" except to clean out his office, Easley said at a news conference.

Easley said he would begin looking for a replacement for Nifong.

James Coleman, a Duke law professor and critic of Nifong's, said the 25-day exit did not bother him so much because it could take the governor time to find a successor. What troubled Coleman more, he said, was the statement that Nifong made Friday after his emotional resignation speech.

When asked what he thought happened at the lacrosse party from which the gang-rape allegations emerged, Nifong said he thought "something happened" -- though not a sexual assault -- in the bathroom of the party house.

"Even if he believed that, it just showed such a lack of grace in the circumstances," Coleman said. "It's just as inexplicable as his other conduct in the case. It was like he was not only trying to slime the three students but all the other members of the team."

Duke's motive analyzed

Some experts said Duke's settlement with the players is an attempt to get the story out of the headlines.

"The university just wants this to go away," said law professor Carl Tobias, who teaches torts and constitutional law at the University of Richmond. A lawsuit and trial would expose e-mail and other internal communication, potentially producing embarrassing facts about Duke's handling of the case, he said.

"Duke's reputation is the central piece of this," said Tobias, who graduated from Duke in 1968.

In a statement, the board of trustees and Duke President Richard Brodhead said they wanted to avoid future litigation and move forward.

"This past year has been hard for many people who care about Duke -- for students, faculty, staff, alumni, families and friends -- and for the three students and their families most of all," the Duke statement said. "We resolve to bring the Duke family together again, and to work to protect others from similar injustices in the criminal justice system in the future."

In their statement, the exonerated players, Dave Evans, Collin Finnerty and Reade Seligmann, said they hoped to bring the Duke family back together.

"The events of the last year tore the Duke community apart, and forcibly separated us from the university we love. ... We look forward to working with the University to develop and implement initiatives that will prevent similar injustices and ensure that the lessons of the last year are never forgotten," the statement said.

(Staff writer Ryan Teague Beckwith contributed to this report.)

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

Staff writer Ryan Teague Beckwith contributed to this report.

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