Attorneys for the three defendants in the Duke lacrosse case proposed a $30-million settlement with the city of Durham, sources close to the case told the Associated Press Friday.
Durham leaders have a month to decide whether to accept the offer-which asks for about $10 million over five years for each defendant as well as changes in the legal process-before the attorneys for the former lacrosse players file a civil lawsuit against the city.
Barry Scheck, attorney for Reade Seligmann, and Brendan Sullivan, attorney for Colin Finnerty and Dave Evans, Trinity '06, met with city officials and legal staff Wednesday to discuss the terms of the settlement, the sources close to the case told the AP on the basis of anonymity.
City Attorney Henry Blinder and City Manager Patrick Baker briefed the City Council on the terms of the settlement Thursday.
Durham has liability insurance for settlements of up to $5 million, but the other $25 million would come out of the general city budget, the sources said.
When split among the city's approximately 210,000 residents, the $30 million would cost about $142 per person, The (Raleigh) News and Observer reported Saturday.
Duke Professor of Law Thomas Metzloff said even with the lack of legal precedence for similar cases, he believes the amount of money demanded is unreasonably steep.
"Ten million dollars is a very high number and I think the city is not likely to accept," he said. "Any time you get more than the [insurance] coverage it comes right out of City Hall... In other contexts they would be willing to settle for the $5-million [liability insurance]."
Along with the payment, the settlement asks the council to pass a number of resolutions reforming the criminal justice system in Durham. The requested policy would require the recording of identification procedures and grand jury proceedings, the creation of an impartial ombudsman position to review complaints against prosecutors and the establishment of a system to review complaints against police.
Metzloff said if Durham officials decide to decline the settlement, attorneys for the city could contend that the mistreatment of the defendants was caused solely by the actions of former Durham district attorney Mike Nifong, the prosecutor in the case.
"[The city has] the defense that the main cause of the damage to the defendants was the independent actions of Mike Nifong," he said. "The defendants are suing the city instead of Mike Nifong because he doesn't have the money. In many ways this is the classic 'look for the deep pockets.'"
Metzloff added that the external investigation into the mishandling of the lacrosse case could find the city partially responsible, but not enough for its participation to overshadow Nifong's unethical actions as prosecutor. Former Durham interim district attorney Jim Hardin proposed that the State Bureau of Investigation take over the inquiry following its suspension last week, but SBI officials have not yet released a decision.
Mayor Bill Bell declined to comment on the settlement, but said the council has been in discussion with Blinder and other officials. He added that he will make a statement when a decision has been reached.
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