Unless the state of North Carolina has a change of heart, Mike Nifong will be covering his own legal fees in the upcoming lacrosse civil suit.
The former Durham district attorney's request that the state pay his legal expenses in the suit filed earlier this month by former lacrosse players David Evans, Trinity '06, Collin Finnerty and Reade Seligmann has been formally denied.
On Tuesday, the state declared it was not responsible for covering Nifong's legal tab because his misconduct during the lacrosse case was outside of his prerogative as a state employee.
"The state must refuse to provide for such representation if the attorney general determines that the actions or omissions were not within the scope of the employee's official duties: the acts or omissions involved fraud, corruption or malice; defense of the action would create a conflict of interest; or, defense of the action would not be in the best interests of the state," Grayson Kelley, the state's chief deputy attorney general, wrote in an Oct. 16 letter to Nifong and his attorney, James Craven.
Craven responded with a letter of his own yesterday.
"Obviously we are disappointed in [the state's] decision, and disagree with it," Craven wrote. "It is certainly not a decision that provides much comfort for state employees threatened with civil liability for actions taken in the course of their employment with the state."
In his letter, Craven asked the state to reverse its decision, arguing that even private insurance companies would defend Nifong if he were their client under similar circumstances.
The state has not yet responded to Craven's latest letter.
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