Nifong requests representation in civil suit

Tuesday, October 16, 2007

Eyewitness News

(10/15/07 -- DURHAM) (WTVD) -- Former Durham District Attorney Mike Mifong is requesting help in the form of representation from the City of Durham as he prepares to defend himself in a civil case related to the Duke Lacrosse lawsuit.

The veteran prosecutor, who spent his entire career as an attorney in the Durham County district attorney's office, won indictments last year against three Duke lacrosse players, charging them with raping a woman hired to strip at a March 2006 team party.

The players -- Reade Seligmann, Collin Finnerty and Dave Evans -- were declared innocent earlier this year by state prosecutors, who concluded no crime could have occurred. North Carolina Attorney General Roy Cooper said the students were victims of Nifong's "tragic rush to accuse."

Nifong was later disbarred for more than two dozen violations of the state's rules of professional conduct, including withholding exculpatory DNA evidence and making numerous inflammatory comments about the lacrosse players to the media. He resigned as district attorney in July.

In September, Superior Court Judge W. Osmond Smith III found that Nifong "willfully made false statements" to the court in September when he insisted he had given defense attorneys all results from a DNA test that helped exonerate the players.

Nifong spent 24-hours in jail for that conviction.

Now facing a civil lawsuit from the three players accused in the sexual assault case, Nifong is asking the City of Durham for legal representation in the civil case.

In a letter delivered to the chief deputy attorney general, Nifong said, "because I was a Constitutional Officer for the state of North Carolina at the time of the subject matter; I am hereby requesting that you make any necessary arrangements to secure my representation in this matter."

Eyewitness News has learned Nifong has tapped Durham attorney James Craven to represent him. Crave tells the Attorney General's Office he's "happy" to help Nifong as long as the city is willing to pay the bill.

Nifong is one of 16 other named in a civil lawsuit filed by the former defendants in the Duke Lacrosse case. A former DA investigator, the City of Durham and member of the Durham Police Department are also named in the lawsuit.

Each party is represented and ready for a court battle.

Get more News »