Nifong steps down from lacrosse case

The North Carolina state attorney general assumed control of the Duke lacrosse case Saturday and appointed two special prosecutors to replace Durham District Attorney Mike Nifong, who requested to be recused Friday.

"Any case with such serious criminal charges requires careful and deliberate review," North Carolina Attorney General Roy Cooper said at a Saturday press conference. "Our goal is to seek justice and truth respecting the rights of everyone involved."

Cooper appointed James Coman, head of the attorney general's Law Enforcement and Prosecutions Division, and Mary Winstead of the Special Prosecutions Division, to the case. He said the special prosecution will meet with witnesses, investigators and defense attorneys and will offer a "fresh and thorough review of the facts."

"I wish I could tell you that this case will be resolved quickly, but it is my understanding that there are numerous other documents and other information in the district attorney's files and in the court records," Cooper said. "Since we have not been involved in the investigation or the prosecution of these cases, all of the information will be new to our office."

Cooper said there is no guarantee whether or not the case will go to trial, but Joe Cheshire, defense attorney for one of three indicted members of the 2005-2006 men's lacrosse team, expressed hope that the new prosecution will influence the outcome for the defendants.

"For the first time, someone who is honest and objective and doesn't have an agenda will look at this case," Cheshire told The New York Times. "We feel confident that when they do, these young men will be exonerated."

In recent weeks, many, including President Richard Brodhead, have questioned Nifong's conduct and have asked for the district attorney to remove himself from the prosecution of the case. The North Carolina State Bar has filed a formal ethics complaint against Nifong.

Kevin Finnerty, father of indicted player Collin Finnerty, said his family is pleased Cooper has taken over the case.

"The attorney general's office is going to bring very professional and objective oversight of the evidence in this case, which is something that had been missing from the outset," Kevin Finnerty told The Chronicle.

He added that although filing a civil suit against Nifong is not out of the question, the possibility has taken a backseat to more immediate concerns.

"There are too many moving parts to even remotely think about civil suits right now," Kevin Finnerty said. "We're 100 percent focused on criminal charges, and we're interested to see what the North Carolina State Bar will do with Mr. Nifong."

Parents of Finnerty, Reade Seligmann and David Evans, Trinity '06, appeared on "60 Minutes" Sunday. In the segment-which was filmed prior to Nifong's announcement-the families were openly critical of the district attorney.

"I'd say with a smile on my face 'Mr. Nifong, you've picked on the wrong families,'" said Evans' mother, Rae Evans, when asked how she would respond if Nifong walked into the room. "You will pay every day for the rest of your life."

University officials also said they supported Nifong's recusal.

"As President Brodhead has emphasized, this matter needs to be placed in the hands of an independent party who can restore confidence in the fairness and integrity of the legal process," John Burness, senior vice president for public affairs and government relations, said in a statement released by the University Friday night. "We hope this change will lead to a fair and speedy resolution of this case."

Nifong's request to be recused came shortly after court papers filed by the defense revealed that the alleged victim changed several details in her account of the events surrounding the March 13 party. She told investigators that Seligmann did not assault her. Rape charges against the indicted members were dropped Dec. 22, but all three still face charges of kidnapping and sexual offense.

Ryan McCartney and Iza Wojciechowska contributed to this story.

Discussion

Share and discuss “Nifong steps down from lacrosse case” on social media.