A Contempt-of-Court Order Sought Against Prosecutor

Jun 23, 10:37 AM

Current Headlines: DURHAM, N.C. (AP) -- Attorneys for three Duke lacrosse players who were falsely accused of rape asked a judge Friday to hold the prosecutor in the case in criminal contempt of court.

Mike Nifong "personally engaged in a pattern of official prosecutorial misconduct, which violated at least a dozen laws, rules and court orders designed to protect due process and the pursuit of truth," the attorneys wrote in their request.

They wrote that the scope of Nifong's misconduct "shocks the conscience and defies any notion of accident or negligence."

A disciplinary committee of the North Carolina State Bar disbarred Nifong on June 16. He has submitted his resignation as Durham County's district attorney.

If Superior Court Judge W. Osmond Smith III finds Nifong in contempt, he could be jailed up to 30 days and fined up to $500.

Smith oversaw two hearings last year during which Nifong answered questions about critical DNA test results ordered by his office.

The tests identified genetic material from several men -- but no members of the lacrosse team -- in the accuser's underwear and body. Nifong knew about those test results in April 2006 but didn't give the information to defense attorneys for more than six months. Even then, it came in the form of nearly 2,000 pages of raw data.

Nifong "told multiple different stories about what he knew, when he knew it, and why the evidence was withheld," the defense request said.

Smith could act on the motion without a holding a hearing. But defense attorney Wade Smith, who represented one of the three players, said Friday he expects the judge to hear arguments. He declined to comment further.

A message left at Nifong's home was not immediately returned Friday.

Last year, Nifong unrelentingly pursued an investigation into a woman's claim she was raped at a lacrosse team party where she had been hired as a stripper. He won indictments against Reade Seligmann, Collin Finnerty and Dave Evans for rape, kidnapping and sexual offense.

He eventually recused himself after being charged with several ethics violations, and state prosecutors later declared the three players innocent. The committee that disbarred him found that his misconduct in the case, during his election campaign, was politically motivated.

Nifong was replaced this week by his predecessor, Jim Hardin, who will lead the office temporarily until Gov. Mike Easley appoints a permanent replacement.

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