DURHAM, N.C., Jan. 12 — The district attorney in the Duke lacrosse sexual assault case asked the state attorney general on Friday to take over the troubled prosecution, saying he faced a conflict of interest because of ethics charges filed against him by the state bar, officials involved in the case said.
The decision by the district attorney, Michael B. Nifong, throws new doubt on the future of a prosecution that has already suffered several sharp setbacks.
A spokeswoman for Roy Cooper, North Carolina’s attorney general, confirmed that the office had received Mr. Nifong’s request and said it would be discussed on Saturday. If Mr. Cooper agrees to review the case, it will remove a prosecutor who has become a lightning rod for fierce and unrelenting criticism.
Defense lawyers were jubilant, openly predicting that no prosecutor in the state would continue with a case that hangs almost entirely on the shifting accounts of the alleged victim, a stripper who claims she was assaulted after performing at a team party in March. The woman, who was consulted before Friday’s recusal, remained firm in her desire for the case to go forward against the three former lacrosse players, an official involved in the case said.
I have serious doubts this case could possibly proceed. The only ones who should now be facing charges are Nifong and the alleged victim.
Meanwhile, it doesn't appear the families of the accused players will just let this go.
The fact that Nifong withheld the information and knew it before he indicted their sons has outraged the parents of the accused. "You felt like someone hit you with a baseball bat. … It was almost too much to bear, as we sat there," says Kathy Seligmann, whose son, Reade, is among the three indicted players. "And [Nifong is] sitting 10 feet away from us."
It enraged Mary Ellen Finnerty, mother of Collin Finnerty, another indicted player. "I think [I felt] one of the strongest feelings of rage that I've had … I literally had to turn to my husband, because I was shaking from my head to my toe, and say, 'Hold me down,'" recalls Finnerty. Adds Seligmann, "And we had to hold on to each other because when you sit there and put two and two together and realize that it was calculated … set up to make these boys appear to be guilty of something they didn't do."
When asked what they would say to Nifong if he were in the room, Rae Evans, the mother of indicted player David Evans, says, "I would say with a smile on my face, 'Mr. Nifong, you've picked on the wrong families … and you will pay every day for the rest of your life.'"
Lawhawk has a big roundup with several updates.
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