Estrich Calls for Nifong's Removal in Duke Rape Case

Durham, NC (TLS). In a late breaking story from Fox News, USC Law Professor and Fox News consultant Susan Estrich unleashed a bombshell by calling for the removal of District Attorney Mike Nifong from the rape case involving three Duke University students.

This shocking news comes only weeks after Estrich had initially expressed support for the beleaguered Nifong. The days that followed after her initial expression of support would only convince Estrich of the murky, sleazy manner in which this case has been handled by the District Attorney's office. The more Estrich delved into the case, the more she began to turn against Nifong.

Estrich blasted Nifong and the DA office's handling of the case in a scathing report published on the Fox News website. She maintains that the mishandling of the case is so pronounced and so shockingly bereft of any adherence to criminal law that the only recourse is the removal of Nifong from the case.

I am willing to go several steps further. Nifong should be removed from office. The possibility of criminal and civil charges should be thoroughly reviewed. The fact that the U.S. Department of Justice is investigating Nifong's behavior is a refreshing breath of fresh air in what has been a rank stench of prosecutorial misconduct.

The following is an excerpt from Estrich's article on the Fox News website:

'But withholding exculpatory evidence moves the impropriety to a whole new level. This is not simply best practices, but basic constitutional criminal law.

'According to testimony given under oath this week, the head of a private DNA lab said he and the District Attorney together agreed not to release evidence that there was DNA from other men, but not from any of the defendants, in the woman's underwear and on her person the night of the alleged incident.

'Together, they decided not to release it. Imagine. One of those people is supposed to be an officer of the court and the representative of the people, not head gladiator.

'How could the District Attorney keep that information to himself, or try to?

'What is he out to do here?

'Enough is enough.

'What will it take for Mike Nifong to be replaced on this case?

'If ever a prosecutor had shown himself to be no longer capable of exercising the sort of judgment required of him to be fair, it would be this prosecutor in this case.'

Estrich is 100% correct. Imagine if you were on trial for murder. A murder weapon had been found. The prosecuting attorney gathers evidence from the weapon that is then tested in the lab. Your fingerprints are not on the weapon, but other fingerprints are found.

Does the DA then have the moral, ethical, and legal responsibility to inform your attorney and the court about the lab findings? That your fingerprints were not on the weapon?

Of course he does.

Yet when DNA evidence taken from the accusers show that none of the DNA match ANY of the three suspects, the DA agreed with the lab to 'just keep it between ourselves.' That is the very same thing as a DA failing to notify the court that your fingerprints were not on a murder weapon.

At the very least, Nifong should be disbarred. My hope, however, is that much more will follow in the aftermath of this shocking debacle. Nifong should be made an example of what can happen to a prosecuting attorney gone bad. Since he was intent on sending innocent young men to jail, perhaps jail time is in order for Nifong.