Disgraced, disbarred, and former DA Mike Nifong is pleading that the State of North Carolina should pick up the tab for his defense in the civil lawsuit against him, which includes 15 other defendants. In an article on the WRAL TV his letter to the AG is printed.
"Because I was a constitutional officer of the State of North Carolina at the time that the subject matter of the complaint arose … and because the complaint arises out of the exercise of the duties of that office, I am hereby requesting that you make any arrangements to secure my representation in this matter," Nifong wrote in a letter, dated Oct. 8, to the director of the Administrative Office of the Courts. (Read the letter.)
If not, because of a conflict of interest or "any other disability," the disbarred prosecutor wants private counsel and wants the state to pay for it.
"I am requesting that you authorize payment by the State of North Carolina of all fees, costs and expenses arising out of my representation in this matter by private counsel," Nifong wrote. WRAL
Former federal prosecutor Dan Boyce commented on this request.
"It's another unique issue because of his actions in this case," Boyce
"It could be that the Attorney General's Office might say this was outside the normal scope of the duties of the state prosecutor and refuse to provide state funds for defense," Boyce added.
If the attorney general decides Nifong was acting within his scope, Boyce said, another set of issues might arise – whether the attorney general's office would have a conflict of interest.
"And it might even include the appearance of any impropriety, because the attorney general's office said some egregious things about Mr. Nifong's conduct," Boyce said.
Upon dismissing the case on April 11, Attorney General Roy Cooper called Evans, Finnerty and Seligmann innocent victims of a "tragic rush to accuse and a failure to verify serious allegations."
Without naming Nifong, he came down forcefully against "overreaching prosecutors" and called for a law that would allow the state Supreme Court to remove a district attorney from a case whenever such a move would assist the pursuit of justice."
There were many point in this case where caution would have served justice better than bravado," he said. "In the rush to condemn, a community and a state lost the ability to see clearly."
Those heady days of March-April 2006 are but mere memories for some. However for those of us who followed this case we saw how Nifong played with the lives of these 47 families including Coach Pressler's. We can't forget his words.
"Why do they need lawyers if they have not done anything wrong? Mike Nifong
Did he care about about their legal bills when he knew these charge were false? When it comes to Nifong's dilemma I must invoke Rhett Butler fable line.
"Frankly, my dear, I don't give a damn!"