State Bar's Amended Complaint and Nifong's Answer Merged - Part I

1. Plaintiff, the North Carolina State Bar, is a body duly organized under the laws of North Carolina and is the proper party to bring this proceeding under the authority granted it in Chapter 84 of the General Statutes of North Carolina, and the Rules and Regulations of the North Carolina State Bar (Chapter 1 of Title 27 of the North Carolina Administrative Code).

1. The allegations contained in paragraph 1 of the plaintiff's Amended Complaint are admitted.

2. Defendant, Michael B. Nifong, (hereinafter "Nifong"), was admitted to the North Carolina State Bar on August 19, 1978, and is, and was at all times referred to herein, an attorney at law licensed to practice in North Carolina, subject to the laws of the State of North Carolina, the Rules and Regulations of the North Carolina State Bar and the Revised Rules of Professional Conduct.

2. The allegations contained in paragraph 2 of the plaintiff's Amended Complaint are admitted.

Upon information and belief, plaintiff alleges:

3. During all times relevant to this complaint, Nifong actively engaged in the practice of law in the State of North Carolina as District Attorney for the Fourteenth Prosecutorial District in Durham County, North Carolina.

3. The allegations contained in paragraph 3 of the plaintiff's Amended Complaint are admitted.

4. In the early morning hours of March 14, 2006, a woman reported that shehad been raped by three men during a party at 610 North Buchanan Boulevard.

4. The allegations contained in paragraph 4 of the plaintiff's Amended Complaint are admitted.

5. Durham Police initiated an investigation and executed a search warrant onthe house at 610 North Buchanan Boulevard on March 16, 2006.

5. The allegations contained in paragraph 5 of the plaintiff's AmendedComplaint are admitted.

6. Police investigation also revealed that the residents of 610 Buchanan Boulevard were members of the Duke University lacrosse team, and that the other attendees at the March 13, 2006, party had also been members of the team.

6. The allegations contained in paragraph 6 of the plaintiff's Amended Complaint are admitted.

7. On or about March 22, 2006, an investigator from the Durham Police Department contacted the Durham District Attorney's office for assistance in obtaining a Nontestimonial Identification Order (NTO), which would compel the suspects in the case to present themselves to authorities to be photographed and provide DNA samples.

7. The allegations contained in paragraph 7 of the plaintiff's Amended Complaint are admitted.

8. Nifong learned of the case on March 22, 2006, when the NTO was granted and served on forty-six members of the Duke lacrosse team.

8. Defendant admits that he did not learn of the case until after the NTO was granted and served on the forty-six Duke Lacrosse players. However, he denies that the Order was granted on March 22, 2006, as he believes the date was March 23, 2006.

9. On or about March 27, 2006, Durham Police officials briefed Nifong on the case, which would often be referred to in the media as the "Duke Lacrosse rape case."

9. The allegations contained in paragraph 9 of the plaintiff's Amended Complaint are admitted.

Improper Pretrial Public Statements and Misrepresentations

10. Beginning on or before March 27, 2006, Nifong made public comments and statements to the representatives of the news media about the Duke Lacrosse rape case.

10. Defendant admits that from March 27, 2006 until approximately April 3,2006, that he granted interviews to various news organizations, both print and television, about the "Duke lacrosse case". After April 3, 2006, the defendant attempted to limit comments about said case to arguments he made in open court, press releases issued from his office and responses to questions directed to him at public forums which he attended in Durham County. Furthermore, defendant may have made some comments about the case to local print media while discussing other matters. Defendant made the statements outlined in paragraphs 12 through 175 of the Amended Complaint at a time when there was an ongoing investigation relating to the facts contained in the Affidavit attached to the Application for Nontestimonial Identification Order, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". The statements made between March 27, 2006 and April 3, 2006, were made at a time when no individual suspects had been identified and were an effort by the defendant to reassure the community that the case was being actively investigated by the Durham Police Department in an effort to obtain assistance in receiving evidence and information necessary to further the criminal investigation. Defendant further admits that at the time he made said statements that he did not fully understand the extent of the national media interest in this particular investigation and as such, he did not comprehend the effect said statements may have on any matters related to the case. Defendant denies that any statements he made as further alleged in plaintiff's Amended Complaint were made with the intent of materially prejudicing an adjudicative proceeding which has resulted from said investigation. Defendant further denies that when he made the statements as alleged in the Amended Complaint, that he intended to heighten the public condemnation of an accused or that his actions were intended to heighten the public condemnation of an accused. Any remaining allegations contained in paragraph 10 of plaintiff's Amended Complaint are denied.

11. Nifong participated in interviews with various newspapers and television stations beginning on March 27, 2006 on several different aspects of the case and investigation.

11. The allegations contained in paragraph 11 of the plaintiff's Amended Complaint are admitted. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 11.

12. For example, Nifong made various statements to the news media about Duke lacrosse team members' alleged failure or refusal to cooperate with or make a statement to law enforcement authorities.

12. It is admitted that in an effort to request assistance in obtaining evidenceand information related to the investigation of the Duke lacrosse case, that defendant made comments relating to the Duke lacrosse team members' failure or refusal to cooperate with or make statements to law enforcement authorities. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 12. Any remaining allegations contained in paragraph 12 of plaintiff's Amended Complaint are denied.

13. Nifong told a representative of the news media that lacrosse team members deny the rape accusations, that team members admitted that there was underage drinking at the party, and that otherwise team members were not cooperating with authorities.

13. Defendant admits he made statements to members of the news mediaconsistent with the allegations contained in paragraph 13. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 13. Any remaining allegations contained in paragraph 13 of plaintiff's Amended Complaint are denied.

14. Nifong made the statements referenced in paragraph 13 above to a reporter for WRAL news.

14. Defendant admits he made comments consistent with those outlined inparagraph 13 to a member or members of the news media. However, the defendant is without sufficient information at this point in time with which to form a belief as to the truth of the allegation that he made the statements outlined in paragraph 13 to a reporter for WRAL or whether they were made to another member of the news media and as such, that allegation is denied.

15. Nifong made the statements referenced in paragraph 13 above in March, 2006.

15. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 13 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

16. Nifong told a representative of the news media that he may also consider charging other players for not coming forward with information, stating "[m]y guess is that some of this stonewall of silence that we have seen may tend to crumble once charges start to come out," Nifong said.

16. Defendant admits that he made statements to members of the newsmedia consistent with the quoted portion of paragraph 16. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 16. Any remaining allegations contained in paragraph 16 are denied.

17. Nifong made the statements referenced in paragraph 16 above to a reporter for ABC 11 TV News.

17. Defendant admits that he made comments consistent with those outlinedin paragraph 16 to a member or members of the news media. However, the defendant is without sufficient information at this point in time with which to form a belief as to the truth of the allegations that he made the statements outlined in paragraph 16 to a reporter for ABC 11 TV News or whether they were made to another member of the news media and as such, that allegation is denied.

18. Nifong made the statements referenced in paragraph 16 above in March, 2006.

18. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 16 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

19. Nifong stated to a representative of the news media: "[t]here are three people who went into the bathroom with the young lady, and whether the other people there knew what was going on at the time, they do now and have not come forward. I'm disappointed that no one has been enough of a man to come forward. And if they would have spoken up at the time, this may never have happened."

19. Defendant admits that the allegations contained in paragraph 19 ofplaintiff's amended complaint are consistent with statements he made to the news media in the period of time from March 27, 2006 to April 3, 2006. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 19. Any remaining allegations contained in paragraph 19 of plaintiff's Amended Complaint are denied.

20. Nifong made the statements referenced in paragraph 19 above to a reporter for the New York Times.

20. Defendant admits that he made comments consistent with those outlinedin paragraph 19 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 19 were made to a reporter for the New York Times or whether they were made to another member of the media and as such, that allegation is denied.

21. Nifong made the statements referenced in paragraph 19 above in March, 2006.

21. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 19 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

22. Nifong stated to a representative of the news media that the lacrosse team members were standing together and refusing to talk with investigators.

22. Defendant admits that the allegations contained in paragraph 19 ofplaintiff's amended complaint are consistent with statements he made to the news media in a period from March 27, 2006 to April 3, 2006. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 22. Any remaining allegations contained in paragraph 22 of plaintiff's Amended Complaint are denied.

23. Nifong made the statement referenced in paragraph 22 above to a reporter for NBC 17 News.

23. Defendant admits that he made comments consistent with those outlinedin paragraph 22 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 22 were made to a reporter for NBC 17 News or whether they were made to another member of the media and as such, that allegation is denied.

24. Nifong made the statement referenced in paragraph 22 above in March, 2006.

24. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 22 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

25. Nifong stated to a representative of the news media that he might bring aiding-and-abetting charges against some of the players who were not cooperating with Nifong's investigation.

25. Defendant admits that he made statements consistent to those outlined inparagraph 25 to the extent that he would consider charging individuals with aiding and abetting if the evidence supported said charges. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 25. Any remaining allegations contained in paragraph 25 are denied.

26. Nifong made the statement referenced in paragraph 25 above to a reporter for NBC 17 News.

26. Defendant admits that he made comments consistent with those outlinedin paragraph 25 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 25 were made to a reporter for NBC 17 News or whether they were made to another member of the media and as such, that allegation is denied.

27. Nifong made the statement referenced in paragraph 25 above in March, 2006.

27. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 25 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

28. Nifong stated to a representative of the news media that lacrosse players still refused to speak with investigators.

28. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 28. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 28. Any remaining allegations contained in paragraph 28 of plaintiff's Amended Complaint are denied.

29. Nifong made the statement referenced in paragraph 28 above to a reporter for the Herald Sun newspaper.

29. Defendant admits that he made comments consistent with those outlinedin paragraph 28 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 28 were made to a reporter for The Herald Sun Newspaper or whether they were made to another member of the media and as such, that allegation is denied.

30. Nifong made the statement referenced in paragraph 28 above in March, 2006.

30. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 28 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

31. Nifong stated to a representative of the news media "[i]t just seems like a shame that they are not willing to violate this seeming sacred sense of loyalty to team for loyalty to community."

31. Defendant admits that he, made statements to members of the newsmedia consistent with the allegations contained in paragraph 31. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 31. Any remaining allegations contained in paragraph 31 of plaintiff's Amended Complaint are denied.

32. Nifong made the statement referenced in paragraph 31 above during an interview with a reporter for CNN.

32. Defendant admits that he made comments consistent with those outlinedin paragraph 31 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 31 were made to a reporter for CNN or whether they were made to another member of the media and as such, that allegation is denied.

33. Nifong made the statement referenced in paragraph 31 above on or about March 29, 2006.

33. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 31 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

34. Nifong stated to a representative of the news media that "[t]he lacrosse team, clearly, has not been fully cooperative" in the investigation and "[t]he university, I believe, has done pretty much everything that they can under the circumstances. They, obviously, don't have a lot of control over whether or not the lacrosse team members actually speak to the police. I think that their silence is as a result of advice with counsel."

34. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 34. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 34. Any remaining allegations contained in paragraph 34 of plaintiff's Amended Complaint are denied.

35. Nifong made the statements referenced in paragraph 34 above to Rene Syler of the CBS news.

35. Defendant admits that he made comments consistent with those outlinedin paragraph 34 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 34 were made to Rene Syler of CBS
News, or whether they were made to another member of the media and as such, that allegation is denied.

36. Nifong made the statements referenced in paragraph 34 above in March, 2006.

36. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 34 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

37. Nifong stated to a representative of the news media "[i]f it's not the way it's been reported, then why are they so unwilling to tell us what, in their words, did take place that night?"

37. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 37. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 37. Any remaining allegations contained in paragraph 37 of plaintiff's Amended Complaint are denied.

38. Nifong made the statement referenced in paragraph 37 above to Rene Syler of the CBS news.

38. Defendant admits that he made comments consistent with those outlinedin paragraph 37 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 37 were made to Rene Syler of CBS News or whether they were made to another member of the media and as such, that allegation is denied.

39. Nifong made the statement referenced in paragraph 37 above in March, 2006.

39. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 37 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

40. Nifong stated to a representative of the news media "[a]nd one would wonder why one needs an attorney if one was not charged and had not done anything wrong."

40. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 40. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 40. Any remaining allegations contained in paragraph 40 of plaintiff's Amended Complaint are denied.

41. Nifong made the statement referenced in paragraph 40 above to George Smith, a reporter for ESPN.

41. Defendant admits that he made comments consistent with those outlinedin paragraph 40 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 40 were made to George Smith of ESPN or whether they were made to another member of the media and as such, that allegation is denied.

42. Nifong made the statement referenced in paragraph 40 above in March 2006.

42. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 40 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

43. Nifong made statements to the news media, including but not limited to those set forth in paragraphs 13-42 above, that were improper commentary on the lacrosse team members' alleged failure or refusal to make a statement to law enforcement authorities and upon the lacrosse team members' alleged invocation of their constitutional rights.

43. Defendant incorporates his answers to paragraphs 13 through 42 inresponse to any allegations contained in paragraph 43. Any remaining allegations contained in paragraph 43 of plaintiff's Amended Complaint are denied.

44. Nifong also made various statements to the news media about the performance or results of tests performed as a part of the investigation.

44. Defendant admits that during the time period outlined in plaintiff'sAmended Complaint that the results of tests performed during the investigation became a subject of media attention and defendant believes that he made statements to the news media in response to questions they asked about information received by them from other sources. Any remaining allegations contained in paragraph 44 of plaintiff's Amended Complaint are denied.

45. Nifong stated to a representative of the news media "[m]y guess is that there are many questions that many people are asking that they would not be asking if they saw the results."

45. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 45. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 45. Any remaining allegations contained in paragraph 45 of plaintiff's Amended Complaint are denied.

46. Nifong made the statement referenced in paragraph 45 above to a reporter for WRAL News.

46. Defendant admits that he made comments consistent with those outlinedin paragraph 45 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 45 were made to a reporter for WRAL or whether they were made to another member of the media and as such, that allegation is denied.

47. Nifong made the statement referenced in paragraph 45 above in May, 2006.

47. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 45 were made to a member or members of the news media. However, he believes that these statements would have been made in May, 2006.

48. Nifong stated to a representative of the news media "[t]hey're not things that the defense releases unless they unquestionably support their positions."

48. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 48. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 48. Any remaining allegations contained in paragraph 48 of plaintiff's Amended Complaint are denied.

49. Nifong made the statement referenced in paragraph 48 above to a reporter for WRAL News.

49. Defendant admits that he made comments consistent with those outlinedin paragraph 48 to a member or members of the news media. However, the defendant is without sufficient information at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 48 were made to a reporter for WRAL News or whether they were made to another member of the media and as such, that allegation is denied.

50. Nifong made the statement referenced in paragraph 48 above in May, 2006.

50. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 48 were made to a member or members of the news media. However, he believes that these statements would have been made in May, 2006.

51. Nifong stated to a representative of the news media "[s]o, the fact that they're making statements about what the reports are saying, and not actually showing the reports, should in and of itself raise some red flags."

51. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 51. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 51. Any remaining allegations contained in paragraph 51 of plaintiff's Amended Complaint are denied.

52. Nifong made the statement referenced in paragraph 51 above to a reporter for WRAL News.

52. Defendant admits that he made comments consistent with those outlinedin paragraph 51 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 51 were made to a reporter for WRAL News or whether they were made to another member of the media and as such, that allegation is denied.

53. Nifong made the statement referenced in paragraph 51 above in May, 2006.

53. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 51 were made to a member or members of the news media. However, he believes that these statements would have been made in May, 2006.

54. Nifong made statements to the news media, including but not limited to those set forth in paragraphs 45-53, that are improper commentary on the performance or results of tests performed as a part of the investigation.

54. Defendant incorporates his answers to paragraphs 45 through 53 inresponse to any allegations contained in paragraph 54. Any remaining allegations contained in paragraph 54 of plaintiff's Amended Complaint are denied.

55. Nifong also made various statements to the news media about the evidence and testimony expected to be presented in the trial of the case.

55. Defendant admits that he made statements to the news media about thefacts contained in the Affidavit attached to the Application for Nontestimonial Identification Order while attempting to obtain assistance and evidence in relation to the investigation being undertaken by the Durham Police Department. Defendant further admits that the underlying facts outlined in that affidavit would be consistent with the testimony expected to be presented at trial. The defendant denies that he was discussing the facts in said affidavit with the intent of materially prejudicing an adjudicatory proceeding. Any remaining allegations contained in paragraph 55 of plaintiff's Amended Complaint are denied.

56. Nifong stated to a representative of the news media "[t]here is evidence of trauma in the victim's vaginal area that was noted when she was examined by a nurse at the hospital."

56. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 56 which allegations are consistent with matters of public record as outlined in the affidavit attached to the Application for Nontestimonial Identification Order. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 56. Any remaining allegations contained in paragraph 56 of plaintiff's Amended Complaint are denied.

57. Nifong made the statement referenced in paragraph 56 above to a reporter for MSNBC.

57. Defendant admits that he made comments consistent with those outlinedin paragraph 56 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 56 were made to a reporter for MSNBC or whether they were made to another member of the media and as such, that allegation is denied.

58. Nifong made the statement referenced in paragraph 56 above in March, 2006.

58. Defendant at the present time has no specific recollection of the date onwhich the statements referenced in paragraph 56 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

59. Nifong stated to a representative of the news media that "her general demeanor was suggested-suggestive of the fact that she had been through a traumatic situation."

59. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 59 which allegations are consistent with matters of public record as outlined in the Affidavit attached to the Application for Nontestimonial Identification Order. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 59. Any remaining allegations contained in paragraph 59 of plaintiff's Amended Complaint are denied.

60. Nifong made the statement referenced in paragraph 59 above to a reporter for MSNBC.

60. Defendant admits that he made comments consistent with thoseoutlined in paragraph 59 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 59 were made to a reporter for MSNBC or whether they were made to another member of the media and as such, that allegation is denied.

61. Nifong made the statement referenced in paragraph 59 above in March, 2006.

61. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 59 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained.

62. Nifong stated to a representative of the news media "[a]nd the investigation at that time was certainly consistent with a sexual assault having taken place, as was the victim's demeanor at the time of the examination."

62. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 62 which allegations are consistent with matters of public record as outlined in the Affidavit attached to the Application for Nontestimonial Identification Order. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 62. Any remaining allegations contained in paragraph 62 of plaintiff's Amended Complaint are denied.

63. Nifong made the statement referenced in paragraph 62 above to a representative of CBS News.

63. Defendant admits that he made comments consistent with thoseoutlined in paragraph 62 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 62 were made to a. reporter for CBS News or whether they were made to another member of the media and as such, that allegation is denied.

64. Nifong made the statement referenced in paragraph 62 above in March.

64. Defendant at the present time has no specific recollection of the dateon which the statements referenced in paragraph 62 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

65. Nifong stated to a representative of the news media that the police took the alleged victim to a hospital where a nurse concluded that she had suffered injuries consistent with a sexual assault.

65. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 65 which allegations are consistent with matters of public record as outlined in the Affidavit attached to the Application for Nontestimonial Identification Order. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 65. Any remaining allegations contained in paragraph 65 of plaintiff's Amended Complaint are denied.

66. Nifong made the statement referenced in paragraph 65 above to a reporter for Newsweek Magazine.

66. Defendant admits that he made comments consistent with thoseoutlined in paragraph 65 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 65 were made to a reporter for Newsweek Magazine or whether they were made to another member of the media and as such, that allegation is denied.

67. Nifong made the statement referenced in paragraph 65 above in April 2006.

67. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 65 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

68. Nifong stated to a representative of the news media that other DNA testing had not yet come back and that there was other evidence, including the accuser being able to identify at least one of the alleged attackers.

68. It is admitted that the defendant made statements consistent with the statements outlined in paragraph 68 at a forum at NC Central University prior to the time that any indictments were obtained. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 68. Any remaining allegations contained in paragraph 68 of plaintiff's Amended Complaint are denied.

69. Nifong made the statement referenced in paragraph 68 above to a reporter for ABC 11 News.

69. Defendant does not recall making the statements consistent with those outlined in paragraph 68 to any particular reporter as he recalls those statements being made at a public forum attended by various news organizations.

70. Nifong made the statement referenced in paragraph 68 above in April, 2006.

70. Defendant admits that the statement outlined in paragraph 68 was made in April, 2006 before any indictments were returned.

71. Nifong stated to a representative of the news media that a rape examination of the victim done at Duke Medical Center the morning of the alleged attack revealed evidence of bruising consistent with a brutal sexual assault, "with the most likely place it happened at the lacrosse team party."

71. As admitted previously, defendant admits that he made statements concerning factual matters outlined in the Affidavit attached to the Application for Nontestimonial Identification Order which included an allegation that the SANE nurse concluded that the victim's injuries and behavior were consistent with a sexual assault. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 71. Any remaining allegations contained in paragraph 71 of plaintiff's Amended Complaint are denied.

72. Nifong made the statements referenced in paragraph 71 above in March or April, 2006.

72. Defendant admits the statements outlined in paragraph 71 would have been made in March or April of 2006.

73. Nifong stated to a representative of the news media "[s]omebody had an arm around her like this, which she then had to struggle with in order to be able to breathe... She was struggling just to be able to breathe."

73. Defendant admits that he made statements to a reporter from MSNBC consistent with those statements outlined in paragraph 73 which statements relate to facts contained in the Affidavit attached to the Application for Nontestimonial Identification Order. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 73. Any remaining allegations contained in paragraph 73 of plaintiff's Amended Complaint are denied.

74. Nifong made the statement referenced in paragraph 73 above to a reporter for MSNBC.

74. The allegations contained in paragraph 74 of plaintiff's Amended Complaint are admitted.

75. Nifong made the statement referenced in paragraph 73 above on or about March 31, 2006.

75. The allegations contained in paragraph 75 of plaintiff's AmendedComplaint are admitted.

76. Nifong made statements to the news media, including but not limited to those set forth in paragraphs 56-75 above, that are improper commentary on the evidence and testimony expected to be presented in the trial of the case.

76. Defendant incorporates his answers to paragraphs 56 through 75 inresponse to any allegations contained in paragraph 76. Any remaining allegations contained in paragraph 76 of plaintiff's Amended Complaint are denied.

77. Nifong also made various statements to the news media about his opinion of the guilt of the accused and/or about his opinion that a crime had occurred.

77. Defendant admits that he made statements to members of the newsmedia concerning his opinion that a crime had occurred. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 77. Any remaining allegations contained in paragraph 77 of plaintiff's Amended Complaint.

78. Nifong stated to a representative of the news media "[t]he information that I have does lead me to conclude that a rape did occur."

78. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 78. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 78. Any remaining allegations contained in paragraph 78 of plaintiff's Amended Complaint are denied.

79. Nifong made the statement referenced in paragraph 78 above to a reporter for NBC 17 News.

79. Defendant admits that he made comments consistent with thoseoutlined in paragraph 78 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 78 were made to a reporter for NBC 17 News or whether they were made to another member of the media and as such, that allegation is denied.

80. Nifong made the statement referenced in paragraph 78 above in March, 2006.

80. Defendant at the present time has no specific recollection of the dateon which the statements referenced in paragraph 78 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

81. Nifong stated to a representative of the news media "I'm making a statement to the Durham community and, as a citizen of Durham, I am making a statement for the Durham community. This is not the kind of activity we condone, and it must be dealt with quickly and harshly."

81. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 81. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 81. Any remaining allegations contained in paragraph 81 of plaintiff's Amended Complaint are denied.

82. Nifong made the statements referenced in paragraph 81 above to a reporter for NBC 17 News.

82. Defendant admits that he made comments consistent with thoseoutlined in paragraph 81 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 81 were made to a reporter for NBC 17 News or whether they were made to another member of the media and as such, that allegation is denied.

83. Nifong made the statements referenced in paragraph 81 above in March, 2006.

83. Defendant at the present time has no specific recollection of the dateon which the statements referenced in paragraph 81 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

84. Nifong stated to a representative of the news media "I am convinced there was a rape, yes, sir."

84. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 84. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 84. Any remaining allegations contained in paragraph 84 of plaintiff's Amended Complaint are denied.

85. Nifong made the statement referenced in paragraph 84 above to a reporter for MSNBC.

85. Defendant admits that he made comments consistent with thoseoutlined in paragraph 84 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 84 were made to a reporter for MSNBC or whether they were made to another member of the media and as such, that allegation is denied.

86. Nifong made the statement referenced in paragraph 84 above in March, 2006.

86. Defendant at the present time has no specific recollection of the dateon which the statements referenced in paragraph 84 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

87. Nifong stated to a representative of the news media that he believed a crime occurred.

87. The allegations contained in paragraph 87 of plaintiff's AmendedComplaint are admitted. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 87.

88. Nifong made the statement referenced in paragraph 87 above to Rene Syler, an interviewer for the CBS Early Show.

88. Defendant admits that he made comments consistent with thoseoutlined in paragraph 87 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 88 were made to a reporter for CBS Early Show or whether they were made to another member of the media and as such, that allegation is denied.

89. Nifong made the statement referenced in paragraph 87 above in March, 2006.

89. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 87 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

90. Nifong stated to a representative of the news media "the guilty will stand trial."

90. Defendant admits that he may have made a statement to members ofthe news media consistent with the allegations contained in paragraph 90. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 90.

91. Nifong made the statement referenced in paragraph 90 above to Rene Syler, an interviewer for the CBS Early Show.

91. Defendant admits that he may have made a comment consistent withthose outlined in paragraph 90 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 91 were made to a reporter for CBS Early Show or whether they were made to another member of the media and as such, that allegation is denied.

92. Nifong made the statement referenced in paragraph 90 above in March, 2006.

92. Defendant at the present time has no specific recollection of the dateon which the statements referenced in paragraph 90 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

93. Nifong stated to a representative of the news media "[t]here's no doubt a sexual assault took place."

93. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 93. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 93. Any remaining allegations contained in paragraph 93 of plaintiff's Amended Complaint are denied.

94. Nifong made the statement referenced in paragraph 93 above to Rene Syler, an interviewer for the CBS Early Show.

94. Defendant admits that he made comments consistent with thoseoutlined in paragraph 93 to a member or members of the news media. However, the defendant is without sufficient information at this point and time with which to form a belief as to the allegations as to whether the statements outlined in paragraph 94 were made to a reporter for CBS Early Show or whether they were made to another member of the media and as such, that allegation is denied.

95. Nifong made the statement referenced in paragraph 93 above in March, 2006.

95. Defendant at the present time has no specific recollection of the dateon which the statements referenced in paragraph 93 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 95 of the answer contained herein.

96. Discussing the result of DNA testing, Nifong stated during a public forum that "[i]t doesn't mean nothing happened. It just means nothing was left behind."

96. The allegations contained in paragraph 96 of plaintiff's Amended Complaint are admitted. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 96. Any remaining allegations contained in paragraph 96 of plaintiff's Amended Complaint are denied.

97. Nifong made the statements referenced in paragraph 96 above at a public forum at North Carolina Central University.

97. The allegations contained in paragraph 97 of plaintiff's amended Complaint are admitted.

98. Nifong made the statements referenced in paragraph 96 above to a reporter for ESPN News.

98. Defendant does not recall making the statement outlined in paragraph 96 to any particular reporter as he recalls those statements being made at a public forum attended by various news organizations.

99. Nifong made the statements referenced in paragraph 96 above in April, 2006.

99. The allegations contained in paragraph 99 of plaintiff's Amended Complaint are admitted.

100. Nifong stated to a representative of the news media "I am satisfied that she was sexually assaulted at this residence."

100. Defendant admits that he made statements to members of the newsmedia consistent with the allegations contained in paragraph 100. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 100. Any remaining allegations contained in paragraph 100 .of plaintiff's Amended Complaint are denied.

101. Nifong made the statement referenced in paragraph 100 above to a reporter for the Raleigh News and Observer newspaper.

101. Defendant admits that he made comments consistent with thoseoutlined in paragraph 100 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the allegations as to whether the statements outlined in paragraph 100 were made to a reporter for the Raleigh News and Observer or whether they were made to another member of the media and as such, that allegation is denied.

102. Nifong made the statement referenced in paragraph 100 above in March, 2006.

102. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 100 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

103. Nifong stated to a representative of the news media "[t]hey don't want to admit to the enormity of what they have done."

103. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 103. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 103. Any remaining allegations contained in paragraph 103 of plaintiff's Amended Complaint are denied.

104. Nifong made the statement referenced in paragraph 103 above to a reporter for a publication called The Devil's Advocate.

104. Defendant denies that he made any statements to a reporter for a publication called The Devil's Advocate. Defendant admits that he spoke to a reporter for The Duke Chronicle during the week of March 27, 2006 and in that conversation he might have made a statement consistent with that outlined in paragraph 103.

105. Nifong made the statement referenced in paragraph 103 above in April, 2006.

105. The allegations contained in paragraph 103 of plaintiff's Amended Complaint are denied.

106. On June 19, 2006, Nifong issued a press release stating "[n]one of the 'facts' I know at this time, indeed, none of the evidence I have seen from any source, has changed the opinion that I expressed initially."

106. Defendant admits that he issued a press release on June 19, 2006 in response to a Newsweek article which bore the date June 29, 2006, copies of which press release and attachments are attached hereto and incorporated herein by reference as Exhibit "B", the terms of which speak for themselves. However, he believed that he was entitled to respond to the Newsweek Article pursuant to comment [7] to Rule 3.6 of the Rules of Professional Conduct. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 106. Any remaining allegations contained in paragraph 106 of plaintiff's Amended Complaint are denied.

107. Nifong's statements set forth in paragraphs 78-106 above were made at a time after suspects had been identified.

107. Defendant denies that the statements made in paragraphs 78 through 95 and 100 through 105 were made at a time that any individual suspects had been identified. Defendant admits the statement referenced in paragraphs 96 through 99 was made after the victim had identified individual suspects, but before any charges were filed. Defendant admits that at the time the statement was made in paragraph 106 that it was after charges were filed. However, he believed that he was entitled to respond to the Newsweek Article pursuant to comment [7] to Rule 3.6 of the Rules of Professional Conduct. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 107. Any remaining allegations contained in paragraph 107 of plaintiff's Amended Complaint are denied.

108. Nifong's statements set forth in paragraphs 78-106 above were made after suspects who had been identified had asserted that no crime occurred.

108. Defendant denies that the statements made in paragraphs 78 through 95 and 100 through 105 were made at a time that any individual suspects had been identified. Defendant admits the statements referenced in paragraphs 96 through 99 was made after the victim had identified individual suspects, but before any charges were filed. Defendant admits that at the time the statement was made in paragraph 106 that it was after charges were filed. However, he believed that he was entitled to respond to the Newsweek Article pursuant to comment [7] to Rule 3.6 of the Rules of Professional Conduct. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 108. Any remaining allegations contained in paragraph 108 of plaintiff's Amended Complaint are denied.

109. Nifong made statements to the news media, including but not limited to those referenced in paragraphs 78-106, that are improper commentary on Nifong's opinion about the guilt of the accused and/or about his opinion that a crime had occurred.

109. Defendant admits that he made statements that he believed that a crime had occurred. However, defendant denies that he expressed his opinion about the guilt of any individual. Defendant denies that at the time the statements were made in paragraphs 78 through 95 and 100 through 105 that any individual suspects had been identified. Defendant admits the statements referenced in paragraphs 96 through 99 was made after the victim had identified individual suspects, but before any charges were filed. Defendant admits that at the time the statement was made in paragraph 106 that it was after charges were . filed. However, he believed that he was entitled to respond to the Newsweek Article pursuant to comment [7] to Rule 3.6 of the Rules of Professional Conduct. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 109. Any remaining allegations contained in paragraph 109 of plaintiff's Amended Complaint are denied.

110. Nifong made various statements to the news media about "hypothetical" situations, evidence, or testimony concerning the alleged crime.

110. Defendant admits that various individuals in the media questioned him concerning the circumstances of the case which included requests for him to respond to hypothetical questions. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 110. Any remaining allegations contained in paragraph 110 of plaintiff's Amended Complaint are denied.

111. Nifong stated to a representative of the news media that the victim's "impaired state was not necessarily voluntary....[I]f I had a witness who saw her right before this and she was not intoxicated, and then I had a witness who said that she was given a drink at the party and after taking a few sips of that drink acted in a particular way, that could be evidence of something other than intoxication, or at least other than voluntary intoxication?"

111. Defendant admits that in responding to a question that he did not want to answer directly that he made statements to a member of the news media consistent to the allegations contained in paragraph 111. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 111. Any remaining allegations contained in paragraph 111 of plaintiff's Amended Complaint are denied.

112. Nifong made the statements set forth in paragraph 111 above to a reporter for Newsweek Magazine.

112. The allegations contained in paragraph 112 of plaintiff's Amended Complaint are admitted.

113. Nifong made the statements referenced in paragraph 111 above in May, 2006.

113. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 51 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

114. Nifong stated to a representative of the news media "[i]f a condom were used, then we might expect that there would not be any DNA evidence recovered from say a vaginal swab."

114. Defendant admits that he made statements to a member of the news media consistent with the allegations contained in paragraph 114. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 114. Any remaining allegations contained in paragraph 114 of plaintiff's Amended Complaint are denied.

115. Nifong made the statement referenced in paragraph 114 above to a reporter for MSNBC.

115. Defendant admits that he made comments consistent with those outlined in paragraph 114 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the allegations as to whether the statements outlined in paragraph 114 were made to a reporter for MSNBC or whether they were made to another member of the media and as such, that allegation is denied.

116. Nifong made the statement referenced in paragraph 114 above on March 31, 2006.

116. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 114 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

117. Nifong stated to a representative of the news media "I would not be surprised if condoms were used. Probably an exotic dancer would not be your first choice for unprotected sex."

117. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 117. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 117. Any remaining allegations contained in paragraph 117 of plaintiff's Amended Complaint are denied.

118. Nifong made the statements referenced in paragraph 117 above to a reporter for the Charlotte Observer newspaper.

118. Defendant admits that he made comments consistent with those outlined in paragraph 117 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the allegations as to whether the statements outlined in paragraph 117 were made to a reporter for The Charlotte Observer or whether they were made to another member of the media and as such, that allegation is denied.

119. Nifong made the statements referenced in paragraph 117 above on or after March 29, 2006.

119. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 117 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer.

120. Nifong represented to a representative of the news media that he had read the report of the emergency room nurse.

120. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 120. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 120. Any remaining allegations contained in paragraph 120 of plaintiff's Amended Complaint are denied.

121. Nifong made the statement set forth in paragraph 120 above to a reporter for WRAL TV news.

121. The defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations relating to whether he made the statement consistent with those outlined in paragraph 120 to a reporter for WRAL TV News or whether they were made to another member of the media and as such, that allegation is denied.

122. Nifong made the statement referenced in paragraph 120 above on or before March 29, 2006.

122. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 120 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer.

123. The sexual assault exam report ("report") from the emergency room nurse reflected that the complaining witness stated the alleged attacker "did not use a condom."

123. Defendant admits that the initial medical report indicates that the victim advised that a condom had not been used. However, based upon defendant's experience, he has learned that a complaining witness rarely ever knows whether a condom was used in a sexual assault and as such, he denies any allegations contained in paragraph 123 that his comments were misleading and furthermore, defendant alleges that his comments are consistent with the opinion of the SANE nurse who examined the victim on the night of the alleged attack. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 123. Any remaining allegations contained in paragraph 123 of plaintiff's Amended Complaint are denied.

124. The statements referenced in paragraphs 114 and 117 above were misleading in that they suggested that a condom was used during the alleged attack when Nifong had read or was in possession of the report in which the complaining witness stated that a condom was not used during the alleged attack.

124. Defendant incorporates his answers to paragraphs 114 through 117 in response to any allegations contained in paragraph 124. Any remaining allegations contained in paragraph 124 of plaintiff's Amended Complaint are denied.

125. When he made the statements referenced in paragraphs 114 and 117 above, Nifong knew that the statements were misleading.

125. The allegations contained in paragraph 125 of plaintiff's Amended Complaint are denied.

126. Nifong, made statements to the news media, including but not limited to those set forth in paragraphs 111-119 above, that improperly suggested the existence of evidence of guilt or attempted to explain the existence of exculpatory evidence or the absence of incriminating evidence.

126. Defendant incorporates his answers to paragraphs 111 through 119 in response to any allegations contained in paragraph 126. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 126. Any remaining allegations contained in paragraph 126 of plaintiff's Amended Complaint are denied.

127. Nifong also made various statements to the news media about the character, credibility and reputation of the accused.

127. To the extent that paragraph 127 refers to the allegations further outlined in paragraphs 128 through 139, the defendant incorporates his answers to those paragraphs in response to the allegations of paragraph 127. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 127. Any remaining allegations contained in paragraph 127 of plaintiff's Amended Complaint are denied.

128. Nifong stated to a representative of the news media "[s]omebody's wrong about that sexual assault. Either I'm wrong, or they're not telling the truth about it."

128. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 128. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 128. Any remaining allegations contained in paragraph 128 of plaintiff's Amended Complaint are denied.

129. Nifong made the statement referenced in paragraph 128 above to a reporter for USA Today.

129. Defendant admits that he made comments consistent with those outlined in paragraph 128 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the allegations as to whether the statements outlined in paragraph 129 were made to a reporter for USA Today or whether they were made to another member of the media and as such, that allegation is denied.

130. Nifong made the statement referenced in paragraph 128 above in March, 2006.

130. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 128 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

131. Nifong stated to a representative of the news media "[t]he circumstances of the case are not suggestive of the alternate explanation that has been suggested by some of the members of the situation."

131. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 131. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 131. Any remaining allegations contained in paragraph 131 of plaintiff's Amended Complaint are denied.

132. Nifong made the statement referenced in paragraph 131 above to a reporter for MSNBC.

132. Defendant admits that he made comments consistent with those outlined in paragraph 131 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 131 were made to a reporter for MSNBC or whether they were made to another member of the media and as such, that allegation is denied.

133. Nifong made the statement referenced in paragraph 131 above in March, 2006.

133. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 131 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

134. Nifong stated to a representative of the news media "I don't think you can classify anything about what went on as a prank that got out of hand or drinking that took place by people who are underage."

134. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 134. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 134. Any remaining allegations contained in paragraph 134 of plaintiff's Amended Complaint are denied.

135. Nifong made the statement referenced in paragraph 134 above to a reporter for ABC 11 TV News.

135. Defendant admits that he made comments consistent with those outlined in paragraph 134 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 134 were made to a reporter for ABC 11 TV News or whether they were made to another member of the media and as such, that allegation is denied.

136. Nifong made the statement referenced in paragraph 134 above in March, 2006.

136. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 134 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

137. Nifong stated to a representative of the news media "I would like to think that somebody [not involved in the attack] has the human decency to call up and say, "What am I doing covering up for a bunch of hooligans'?"

137. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 137. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 137. Any remaining allegations contained in paragraph 137 of plaintiff's Amended Complaint are denied.

138. Nifong made the statement referenced in paragraph 137 above to a reporter for the Raleigh News and Observer newspaper.

138. Defendant admits that he made comments consistent with those outlined in paragraph 137 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the allegations as to whether the statements outlined in paragraph 137 were made to a reporter for the Raleigh News & Observer or whether they were made to another member of the media and as such, that allegation is denied.

139. Nifong made the statement referenced in paragraph 137 above in April, 2006.

139. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 137 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

140. Nifong made statements to the news media, including but not limited to those set forth in paragraphs 128-139 above, that are improper commentary about the character, credibility and reputation of the accused.

140. Defendant incorporates his answers to paragraphs 128 through 139 in response to any allegations contained in paragraph 140. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 140. Any remaining allegations contained in paragraph 140 of plaintiff's Amended Complaint are denied.

141. Nifong made various statements to the news media about his views and opinions of the nature of the alleged crimes.

141. The allegations contained in paragraph 141 of plaintiff's Amended Complaint are admitted.

142. Nifong stated to a representative of the news media "[i]n this case, where you have the act of rape – essentially a gang rape – is bad enough in and of itself, but when it's made with racial epithets against the victim, I mean, it's just absolutely unconscionable."

142. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 142, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 142. Any remaining allegations contained in paragraph 142 of plaintiff's Amended Complaint are denied.

143. Nifong made the statement referenced in paragraph 142 above to a reporter for ABC 11 TV News.

143. Defendant admits that he made comments consistent with those outlined in paragraph 142 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 142 were made to a reporter for ABC 11 TV News or whether they were made to another member of the media and as such, that allegation is denied.

144. Nifong made the statement referenced in paragraph 142 above in March, 2006.

144. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 142 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

145. Nifong stated to a representative of the news media "[t]he contempt that was shown for the victim, based on her race was totally abhorrent. It adds another layer of reprehensibleness, to a crime that is already reprehensible."

145. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 145, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 145. Any remaining allegations contained in paragraph 145 of plaintiff's Amended Complaint are denied.

146. Nifong made the statement referenced in paragraph 145 above to a reporter for ABC 11 TV News.

146. Defendant admits that he made comments consistent with those outlined in paragraph 145 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 145 were made to a reporter for ABC 11 TV News or whether they were made to another member of the media and as such, that allegation is denied.

147. Nifong made the statement referenced in paragraph 145 above in March, 2006.

147. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 145 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

148. Nifong stated to a representative of the news media "[i]t is a case that talks about what this community stands for."

148. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 148. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 148. Any remaining allegations contained in paragraph 148 of plaintiff's Amended Complaint are denied.

149. Nifong made the statement referenced in paragraph 148 above to a reporter for ABC News.

149. Defendant admits that he made comments consistent with those outlined in paragraph 148 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 148 were made to a reporter for ABC News or whether they were made to another member of the media and as such, that allegation is denied.

150. Nifong made the statement referenced in paragraph 148 above in March, 2006.

150. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 148 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

151. Nifong stated to a representative of the news media "[t]he thing that most of us found so abhorrent, and the reason I decided to take it over myself, was the combination gang-like rape activity accompanied by the racial slurs and general racial hostility."

151. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 151, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 151. Any remaining allegations contained in paragraph 151 of plaintiff's Amended Complaint are denied.

152. Nifong made the statement referenced in paragraph 151 above during an interview with a reporter for the New York Times.

152. Defendant admits that he made comments consistent with those outlined in paragraph 151 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 151 were made to a reporter for the New York Times or whether they were made to another member of the media and as such, that allegation is denied.

153. Nifong made the statement referenced in paragraph 151 above in March.

153. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 151 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

154. Nifong stated to a representative of the news media "[t]he circumstances of the rape indicated a deep racial motivation for some of the things that were done. It makes a crime that is by its nature one of the most offensive and invasive even more so."

154. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 154, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 154. Any remaining allegations contained in paragraph 154 of plaintiff's Amended Complaint are denied.

155. Nifong made the statements referenced in paragraph 154 above to a reporter for NBC 17 News.

155. Defendant admits that he made comments consistent with those outlined in paragraph 154 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 154 were made to a reporter for NBC 17 News or whether they were made to another member of the media and as such, that allegation is denied.

156. Nifong made the statements referenced in paragraph 154 above in March, 2006.

156. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 154 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

157. Nifong stated to a representative of the news media "[t]his is not a case of people drinking and it getting out of hand from that. This is something much, much beyond that."

157. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 157, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 157. Any remaining allegations contained in paragraph 157 of plaintiff's Amended Complaint are denied.

158. Nifong made the statements referenced in paragraph 157 above to a reporter for NBC 17 News.

158. Defendant admits that he made comments consistent with those outlined in paragraph 157 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 157 were made to a reporter for NBC News 17 or whether they were made to another member of the media and as such, that allegation is denied.

159. Nifong made the statements referenced in paragraph 157 above in March, 2006.

159. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 157 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

160. Nifong stated to a representative of the news media "[t]he racial slurs involved are relevant to show the mindset . . . involved in this particular attack."

160. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 160, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 160. Any remaining allegations contained in paragraph 160 of plaintiff's Amended Complaint are denied.

161. Nifong made the statement referenced in paragraph 160 above to a reporter for CBS News.

161. Defendant admits that he made comments consistent with those outlined in paragraph 160 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 160 were made to a reporter for CBS News or whether they were made to another member of the media and as such, that allegation is denied.

162. Nifong made the statement referenced in paragraph 160 above in March, 2006.

162. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 160 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained.

163. Nifong stated to a representative of the news media "[a]nd obviously, it made what is already an extremely reprehensible act even more reprehensible."

163. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 163, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 163. Any remaining allegations contained in paragraph 163 of plaintiff's Amended Complaint are denied.

164. Nifong made the statement referenced in paragraph 163 above to a reporter for CBS News.

164. Defendant admits that he made comments consistent with those outlined in paragraph 163 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 163 were made to a reporter for CBS News or whether they were made to another member of the media and as such, that allegation is denied.

165. Nifong made the statement referenced in paragraph 163 above in March, 2006.

165. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 163 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

166. Nifong stated to a representative of the news media "[w]hat happened here was one of the worst things that's happened since I have become district attorney."

166. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 166, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 166. Any remaining allegations contained in paragraph 166 of plaintiff's Amended Complaint are denied.

167. Nifong made the statement referenced in paragraph 166 above to a reporter for WRAL-TV News.

167. Defendant admits that he made comments consistent with those outlined in paragraph 166 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 166 were made to a reporter for WRAL TV News or whether they were made to another member of the media and as such, that allegation is denied.

168. Nifong made the statement referenced in paragraph 166 above in March, 2006.

168. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 166 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

169. Nifong stated to a representative of the news media "[w]hen I look at what happened, I was appalled. I think that most people in this community are appalled."

169. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 169, which statements were made with the knowledge that the investigation had revealed that racial comments had been made. The defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 169. Any remaining allegations contained in paragraph 169 of plaintiff's Amended Complaint are denied.

170. Nifong made the statement referenced in paragraph 169 above to a reporter for WRAL-TV News.

170. Defendant admits that he made comments consistent with those outlined in paragraph 169 to a member or members of the news media. However, the defendant is without sufficient information, at this point in time, with which to form a belief as to the truth of the allegations as to whether the statements outlined in paragraph 169 were made to a reporter for WRAL TV News or whether they were made to another member of the media and as such, that allegation is denied.

171. Nifong made the statement referenced in paragraph 169 above in March, 2006.

171. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 169 were made to a member or members of the news media. However, he believes that any statements would have been made between March 27, 2006 and April 3, 2006 as outlined in paragraph 10 of the answer contained herein.

172. In a conversation with a representative of the news media, Nifong compared the alleged rape to the quadruple homicide at Alpine Road Townhouse and multiple cross burnings that outraged the city of Durham in 2005.

172. The defendant denies that he ever intended to compare the underlying circumstances of the homicides at Alpine Road and the multiple cross burnings on 1-85 in 2005 to the Duke lacrosse case. He did, however, indicate in a conversation with Ben Niolet that due to the nature of the publicity received by this case as well as those other two cases that he felt it was important for him as the District Attorney to handle the prosecution of said case. Any remaining allegations contained in paragraph 172 are denied.

173. Nifong made the comparison referenced in paragraph 172 above during a conversation with a reporter for the Raleigh News and Observer newspaper.

173. The allegations contained in paragraph 173 of the plaintiff's Amended Complaint are admitted.

174. Nifong made the comparison referenced in paragraph 172 above in April, 2006.

174. Defendant at the present time has no specific recollection of the date on which the statements referenced in paragraph 174 were made to a member or members of the news media. As such, said allegations are denied.

175. Nifong stated to a representative of the news media "I'm not going to let Durham's view in the minds of the world to be a bunch of lacrosse players from Duke raping a black girl in Durham."

175. Defendant admits that he made statements to members of the news media consistent with the allegations contained in paragraph 175. The defendant denies that at the time he made said statements that he intended to materially prejudice an adjudicative proceeding which resulted from the investigation of the Duke lacrosse case. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 175. Any remaining allegations contained in paragraph 175 of plaintiff's Amended Complaint are denied.

176. Nifong made the statement referenced in paragraph 175 above to a reporter for the Raleigh News and Observer newspaper.

176. Defendant does not recall making the statements consistent with those outlined in paragraph 175 to any particular reporter as he recalls those statements being made at a public forum attended by various news organizations.

177. Nifong made the statement referenced in paragraph 175 above in April, 2006.

177. The allegations contained in paragraph 177 of the plaintiff's Amended Complaint are admitted.

178. Nifong made statements to the news media, including but not limited to those set forth in paragraphs 142-177 above, that had a substantial likelihood of heightening public condemnation of the accused.

178. In relation to paragraphs 142 through 174, at the time said statements were made no individual suspects had been identified and no individual defendants had been charged. As such, the defendant denies any allegations contained in paragraph 178 that alleges that said statements heightened or were made with the intent to heighten the public condemnation of an accused. In relation to the allegations contained in paragraphs 175 through 177 defendant denies that he was making a comment about any particular defendant and as such, he denies that said comment heightened the public condemnation of any particular individual or was intended to do so. Defendant denies any remaining allegations contained in paragraph 178 of plaintiff's Amended Complaint which contend that at the time that he made any statements outlined in paragraph 142 through 177 that he made said statement with the intent of materially prejudicing an adjudicative proceeding which has resulted from the investigation of the Duke lacrosse case, or that said statements heightened or were intended to heighten the public condemnation of an accused. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 178. Any remaining allegations contained in paragraph 178 of plaintiff's Amended Complaint are denied.

179. Nifong made statements to the news media, including but not limited to those set forth in paragraphs 142-177 above, that constituted an expression of his personal opinion about the guilt of the suspects/accused and/or an expression of his personal opinion that a crime had occurred.

179. Defendant admits that he made statements consistent with those outlined in paragraphs 142 through 177 and he incorporates his response to those like numbered paragraphs in responding to paragraph 179. The defendant denies that the comments as alleged in paragraph 142 through 177 constitute an expression of his personal opinion about the guilt of any particular suspect or accused and said allegations are therefore denied. Defendant admits that he made statements contained in paragraph 142 through 177 that he believed that a crime occurred. However, defendant denies any allegations contained in paragraph 179 which contends that any statements referenced in paragraph 142 through 177 were made by the defendant with the intent to materially prejudice an adjudicative proceeding or to heighten the public condemnation of an accused or were intended to heighten the public condemnation of an accused. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 179. Any remaining allegations contained in paragraph 179 of plaintiff's Amended Complaint are denied.

180. Nifong knew or reasonably should have known that his statements to representatives of the news media, including but not limited to those referenced in paragraphs 12-177 above, would be disseminated by means of public communication.

180. The allegations contained in paragraph 180 of plaintiff's Amended Complaint are admitted, however, at the time he made said statements he did not comprehend the effect said statements may have on any matters related to any subsequent criminal proceedings. As such, defendant denies any inference that he intended through said statements to materially prejudice an adjudicative proceeding or to heighten the public condemnation of an accused. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 180.

181. Nifong knew or reasonably should have known that his statements to representatives of the news media, including but not limited to those set forth in paragraphs 12-177 above, had a substantial likelihood of prejudicing the criminal adjudicative proceeding.

181. Defendant denies that in making any statements referenced in paragraphs 12 through 177 of the Amended Complaint that he intended to prejudice any criminal adjudicative proceeding or to heighten the public condemnation of an accused. Defendant further denies that at the time he made said statements that he fully understood the extent of the national media interest in this particular investigation and as such, he did not comprehend the effect said statements may have on any matters related to any subsequent criminal proceedings. Defendant further incorporates his answer to paragraph 10 above in response to the allegations of paragraph 181. Any remaining allegations contained in paragraph 181 of plaintiff's Amended Complaint are denied.

State Bar allegations are printed in black.
Defendant Nifong's half-truths, misrepresentations, denials, and admissions are printed in blue.