Knoxville, TN (TLS). The North Carolina Bar has issued a preliminary statement concerning its hearings into prosecutorial misconduct, lying to the court, and ethics violations on the part of Durham District Attorney Mike Nifong.
In a preliminary statement that many observers say indicates that Nifong is in serious trouble, the Bar stated that the Durham D.A. had attempted to 'skirt the system' in his handling of the Duke lacrosse rape scandal.
In a legal brief filed on Monday of this week, the Bar used the most striking terminology in describing Nifong's behavior. The brief states that the Bar does not accept Nifong's explanation for withholding DNA evidence and further claims that he is 'twisting words' to make his explanation fit with the law.
The brief also expresses concern that Nifong did not provide defense attorneys with a summary concerning the results of the DNA tests. That summary, according to the brief, is an essential aspect of remaining within accepted ethical boundaries.
A key component of the Bar's brief, however, is contained in these telling words: 'Nifong is arguing that he can make false statements to a court…then use his misrepresentations to claim he committed no violation.'
Judicial observers, including legal scholars, state that the wording of the Bar at this point is most poignant and points toward an attitude of incredulity on the part of Bar officials toward Nifong's defense of his behavior. This is the reason that the brief is viewed by most observers to be an early indication that Nifong is going to have a very tough time convincing the Bar that he has no culpability in his handling of this case.
Nifong's hearing before the Bar is scheduled for sometime in June.
Tuesday, March 20, 2007
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