Nifong gets day in jail for criminal contempt in Duke rape case
DURHAM, N.C. -- The prosecutor who led the now-discredited rape case against three Duke University lacrosse players was held in criminal contempt of court Friday for lying to a judge when pursuing charges against the athletes.
Superior Court Judge W. Osmond Smith III sentenced Mike Nifong to a day in jail. The former Durham County district attorney, who was already stripped of his law license and had resigned from office, had faced as many as 30 days.
"If what I impose with regard to Mr. Nifong would make things better or different for what's already happened, I don't know what it would be or how I could do it," Smith said.
Nifong showed no visible reaction when Smith handed down the sentence, and he left the courtroom with his wife, Cy Gurney.
Reading his decision from the bench minutes after the end of two days of testimony, Smith said Nifong "willfully made false statements" in September when he insisted he had given the defense all results from a critical DNA test.
Smith found that Nifong had provided the defense with a DNA testing report that he knew to be incomplete. The omitted data contained test results showing that DNA of multiple men, none of whom were lacrosse players, was on the accuser.
Smith said his decision was aimed at "protecting and preserving the integrity of the court and its processes." He said truthfulness is especially important when it comes to the rights of the accused to a fair trial.
When Nifong reports to jail at 9 a.m. next Friday, it will bring an end to the criminal case that began when a woman told police she was raped at a March 2006 party thrown by Duke's lacrosse team.
The team was initially vilified as Nifong -- in his first political campaign for district attorney -- told voters he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl."
Nifong went on to win indictments against three players -- Reade Seligmann, Collin Finnerty and Dave Evans. But as the case against them progressed, it became clear Nifong's evidence was pitifully weak.
A state bar disciplinary committee later concluded Nifong manipulated the case to boost his chances at the ballot box, and he continued to pursue it even when it became clear the defendants were innocent.
State prosecutors eventually dropped all charges against the three men and declared them innocent victims of Nifong's "tragic rush to accuse."
Nifong recused himself after the state bar charged him with ethics violations, and he was disbarred in June for more than two dozen violations of the state's rules of professional conduct. He resigned a month later as district attorney.
Taking the stand in his own defense, Nifong insisted Friday he didn't intentionally lie about whether he had turned over the DNA evidence. But he acknowledged the report he gave defense attorneys was incomplete.
"I now understand that some things that I thought were in the report were in fact not in the report," Nifong said. "So the statements were not factually true to the extent that I said all the information had been provided."
A defense attorney found the omitted data amid 2,000 pages of documents Nifong gave the defense months after the initial report. Nifong said that by the time he realized the information wasn't in that report, "it had been corrected. The defendants already had it."
"It was never my intention to mislead this or any other court," Nifong said. "I certainly apologize to the court at this time for anything I might have said that was not correct."
Earlier Friday, the director of a private lab who prepared the DNA testing report said the omissions were a misunderstanding.
Brian Meehan said Nifong asked him to test DNA samples from lacrosse players to see whether any matched genetic material found on the accuser.
Although male DNA was found, no sample matched a lacrosse player. Results from the other unidentified men was referenced as "non-probative" material in the report given to defense attorneys, Meehan said.
Charles Davis, the attorney appointed to prosecute the contempt charge, asked Meehan whether Nifong's statement to the court -- that the report encompassed everything he had discussed with Meehan -- was true or false.
"It would be false because we don't include discussions in our reports," Meehan answered.
On Thursday, Meehan said he was the one who decided how to prepare the report stating no lacrosse player had been linked to the accuser. When Meehan was asked whether Nifong had asked him to leave anything out, Meehan answered, "No."
Defense attorney Jim Glover declined to comment after the hearing.
Finnerty's father, Kevin, said, "It's not a happy day for us, but we're thrilled the system works, that justice has happened, and we're moving on."
Joseph Cheshire, an attorney for Evans, said he felt sorry for Nifong's family, but not Nifong.
"I think what he did was willful and intentional and damaged seriously this state and the lives of these boys and their families," he said. "I don't feel sorry for Mike Nifong. Sorry if that sounds cruel, but I don't."
Copyright 2007 by The Associated Press
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January 2008
• Disgraced prosecutor Nifong dropped from lawsuit
• Former prosecutor Nifong files for bankruptcy
December
• Three Duke lax players sue school, prosecutor
• Dept. of Justice won't investigate Nifong
October
• Ex-Duke lacrosse coach suing school
• Wrongly accused players sue city, ex-DA
September:
• Duke president apologizes to accused lax players
• Ex-Duke DA Nifong serves sentence, leaves jail
• Exonerated Duke players seek $30M settlement
• Nifong reports for one-day jail sentence
August:
• Nifong held in criminal contempt
• Nifong pleads not guilty to contempt charges
• Four lax players returning to Duke for 5th season
July:
• Nifong apologizes for wrongdoing in Duke case
• State Bar formally orders disbarment for Nifong
• Lax player in Duke case transfers to Loyola, Md.
June:
• Nifong a no-show at removal hearing
• Player's attorneys call for contempt on Nifong
• Nifong's predecessor named as interim replacement
• Governor set to replace Nifong as Durham D.A.
• Duke, former lacrosse players reach settlement
• Judge: Nifong must leave office immediately
• Disciplinary panel disbars Nifong
• Prosecutor Nifong says he'll resign
• Lax player's lawyer testifies about evidence
• Testimony: No conspiracy to hide evidence
• Duke prosecutor faces disbarment in trial
May:
• NCAA grants Duke lax players extra season
• Cleared Duke player Seligmann to attend Brown
• Hopkins ends Duke's run, wins ninth lacrosse title
• Cleared Duke player Seligmann to attend Brown
• Police made mistakes in lineup
• Ex-Duke coach; University caved in to pressure
April:
• AG's office releases report
• Cossack: Case crumbled early
• Nifong apologizes to players
• Ex-coach never lost faith
• What they're saying
• All charges dismissed
March:
• Defense attorney in Duke lacrosse case dies
• Former prosecutor fighting charges
• Top N.C. prosecutor tours Duke lacrosse house
February:
• Ex-DA defends self against charges
• Duke urges diversity following rape allegations
• Duke wins season opener
• Team greeted by near-record support
• Players ready to return to field
• Brown recruiting Duke player charged with assault
• Opponent wants D.A. removed from office
• Grand jurors speak out
January:
• Hearing postponed until May
• Duke begins practice for 2007 season
• Nifong faces more ethics charges from state bar
• Nifong gets extension to answer complaint
• NAACP asks for thorough exam of case
• Prosecutor's future uncertain
• Attorney general takes over
• Prosecutor asks off case
• Defense: Accuser said one player just watched
• Judge orders paternity test
• Duke prez defends decision
• Ex-player sues over failing grade
• Lawyer: Players invited back to class
December:
• N.C. State Bar files complaint against prosecutor
• D.A. drops rape charges
• Legal experts: Why the remaining charges?
• Judge OKs paternity tests
• Report: Accuser is pregnant
• Defense attorneys: No Duke players' DNA found on woman
• Justice Department asked to investigate Duke case
