The Wisdom of Mike, Vol VIII

“Most of the recent cases involving prosecutorial misconduct resulted from the failure of prosecutors to give defendants evidence to which they were entitled by statute or judicial decision, usually because they were seeking tactical advantage at trial.”
- Michael B. Nifong, former Durham County District Attorney

Final NC State Bar Disciplinary Order

"During a meeting on April 10, 2006 among Nifong, two DPD officers and Dr. Brian Meehan, lab director for DSI, Dr. Meehan discussed with Nifong the results of the analyses performed by DSI to that point and explained that DSI had found DNA from up to four different males on several items of evidence from the rape kit and that the DNA on the rape kit items was inconsistent with the profiles of all lacrosse team members.

The evidence and information referred to above in paragraphs 46 and 47 was evidence or information which tended to negate the guilt of the lacrosse team members identified as suspects in the NTO...

On April 21, 2006, Nifong again met with Dr. Meehan and the two DPD officers to discuss all of the results of the DNA testing and analyses performed by DSI to date. During this meeting, Dr. Meehan told Nifong that: (a) DNA from multiple males had been found on several items from the rape kit, and (b) all of the lacrosse players, including the two players against whom Nifong had already sought and obtained indictments, were excluded as possible contributors of this DNA because none of their DNA profiles matched or were consistent with any of the DNA found on the rape kit items.

The evidence and information referred to above in paragraphs 54 through 56 was evidence or information which tended to negate the guilt of the Duke Defendants...

Nifong did not provide the Duke Defendants with "results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant" and did not provide the Duke Defendants with statements of any witnesses taken during the investigation, with oral statements reduced to written or recorded form.

Nifong did not comply with Judge Stephens' June 22 Order...

Nifong's misconduct is aggravated by the following factors: ...refusal to acknowledge wrongful nature of conduct in connection with his handling of the DNA evidence..."

- F. Lane Williamson, Chair, Disciplinary Hearing Committee