A Miscarriage of Justice

So possibly as a lawyer, I am more sensitive than many, because I feel that the year-long Duke rape case which came to a conclusion today has brought my profession, a profession that is already the butt of more jokes than any other professon, incredible shame. Today, in a long overdue move, the North Carolina Attorney General's Office dismissed all charges against the three Duke lacrosse players wrongfully accused of rape last year.

In the end, who is irreperably harmed by this? Well, you've got the Duke lacrosse coach who had to fall on his sword and was (virtually) forced to resign by a university desperate to pin the blame on somebody. You have the kids on the Duke lacrosse team who lost last season. You also have much of the student body of North Carolina Central University, which wanted nothing to do with this story, but who found themselves in a maelstrom of activity, and who will likely be met with suspicion and hostility in Durham because a fellow student caused this whole mess. Most of all, you have three kids, who despite being kids of privilege who likely behaved irresponsibly on this evening, including saying some crass and probably racist things to the strippers, have lost a year of school, have lost their ability to play the sport that they love, but most importantly, have been branded as one of the lowest form of society. Look, we know they weren't choir boys. At least one of them has a criminal history relating to intolerance and bigoted behavior. But whatever they may have said that night does not justify being branded as a rapist.

Who comes out with egg on their face? Lots of people. I'm gonna go with Jesse Jackson, who seems to profit on making race an issue and lambasting people who would dare behave in a racist manner (oh, but we're supposed to forget that he referred to New York City as "hymietown" in the 80s). I'm gonna go with the President of Duke University who demanded that a scapegoat be found because he was scared to holy hell of alumni running the other way with their deep pocket donations. I'm gonna go with the Duke professors and students who instantly passed judgment on the accused. I'm gonna go with the national media who seized on this as an example to write commentaries, blog entries, and appear on camera describing the tragedies of race and class differences in America. Most of all, I'm going to go with Durham District Attorney Mike Nifong. And let's take a look at Mr. Nifong.

Mr. Nifong was in a tough election for District Attorney in Durham County, a majority black county. To win, he had to appeal to the black vote. The alleged rape was the goose that laid the golden egg. So, in prosecuting this rape, he recklessly and maliciously threw aside the oath that he took to affirm the laws of his state and his country, cast a blind eye to the Constitutional rights of three young men to be afforded with exculpatory evidence (that's evidence that might tend to prove their innocence for you not familiar with legal jargon), and used these three boys as props in his reelection campaign. Roy Cooper, the North Carolina Attorney General, today used the following words to describe Nifong, and the case he built:

"A rogue prosecutor"
"Lost the ability to see clearly"
"The result of a tragic rush to accuse and a failure to verify serious allegations"
"With the weight of the state behind him, [Nifong] pushed forward unchecked"
"This case shows the enormous consequences of overreaching by a prosecutor"

Nifong appealed to base prejudices and biases of people by stating publicly that "Duke students' daddies could buy them expensive lawyers," and also came to an agreement with the DNA testing company that they would withhold the fact that the DNA samples taken from the accuser did not match that of any of the three accused because this would be "explosive."

So what should happen to Nifong, and what may happen to him? Well, fortunately the North Carolina Bar is taking action. I would certainly suspect that Nifong will resign as District Attorney very shortly. I would not be surprised to see him disbarred, following the Bar proceedings. And what I hope occurs is that a judge finds that his actions were so reckless and malicious that he is stripped of his governmental immunity and that he is sued civilly for malicious prosecution for every cent that he is worth. To use his own words, in this case there really was only one "hooligan," and that was Durham District Attorney Michael B. Nifong.

It takes a lot for this Terp fan to feel sympathy for Duke athletes. You win, D.A. Nifong.