Lawsuit Threat Could Suspend Duke LAX Panel

(08/27/07 -- DURHAM) (WTVD) -- The threat of a potential lawsuit against Durham's police department has put an investigative panel in jeopardy. Sources tell Eyewitness News Reporter Tamara Gibbs that city leaders may have to consider suspending the panel, or risk possibly losing the city's insurance coverage for a potential lawsuit.

Sources tell Eyewitness News the insurance company, which would pay for a potential lawsuit settlement, threatened to suspend the city's policy if it didn't reconsider the Duke Lacrosse Investigative Committee. We're told the company sent its request by fax last Thursday. The city's policy would cover up to $5 million in the event of a lawsuit.

Attorneys for the city and the former Duke Lacrosse defendants spoke for the first time last week. They plan to meet face-to-face within the next few weeks. The high-powered talks have forced Durham leaders to hold at least two closed-door sessions.

"We don't know the details of a potential lawsuit," said spokeswoman Beverly Thompson, with the City Manager's office. "It would be inappropriate to comment before."

Eyewitness News has learned that Brendan Sullivan, a Washington, D.C. attorney, has been tapped to represent the former Duke Lacrosse players. According to Eyewitness News sources, Sullivan was instrumental in the players' recent settlements with Duke University.

The State Attorney General declared David Evans, Collin Finnerty, and Reade Seligmann innocent after rape allegations against them were determined to be false. The Attorney General's findings and the recent disbarment of former Durham County District Attorney Mike Nifong have raised questions about why and how the case was allowed to proceed.

There's been wide speculation about a potential lawsuit against Durham's Police Department. The Bull City is preparing for that possibility by hiring civil litigator Joel Craig of Durham to protect its interest. Eyewitness News has learned that some city employees, including members of the police department, have been told to save all correspondence related to the Duke Lacrosse Case.

Meanwhile, city leaders continue to investigate the police department's handling of the Duke Lacrosse Case. Last week, the committee's chairman and attorney met with special prosecutors in the State Attorney General's Office. Willis Whichard, the committee's chairman, told Eyewitness News the special prosecutors shared documents and other evidence in the case in a four hour meeting. According to Whichard, the committee's attorney has to review hundreds of pages of documents before the next meeting can be scheduled. Members of Durham's Police Department will attend the next meeting, if the committee is still active. But, Whichard declined to comment on who would attend.

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