"The players filed suit in federal court in Greensboro this month alleging that Nifong, the city of Durham, the DNA laboratory hired by the disbarred former prosecutor and numerous police officials conspired to falsely charge the former Duke students with rape.
The suit charges that the defendants maliciously conspired to charge the players with rape even though they knew that allegations were "a total fabrication by a mentally troubled, drug-prone exotic dancer whose claims, time and again, were contradicted by physical evidence, documentary evidence, other witnesses, and even the accuser herself."
Last week, Nifong sent a letter to the Administrative Office of the Courts making an unusual request.
"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 necessary arrangements to secure my representation in this matter," Nifong said Oct. 8 in a letter to Judge Ralph Walker, director of the Administrative Office of the Courts, which oversees the state's court system." NewsObserver
A possible reason why the State's response was no to Nifong's request was given by Mary Ann Tally, first recipient of the Champion of Indigent Defense award by the National Association of Criminal Defense Lawyers
"Mary Ann Tally, a defense lawyer who has followed many prosecutorial misconduct cases, said that if the request is granted, some taxpayers might object to spending state money defending the discredited former prosecutor.
"The sad truth of the matter is there are a lot of people who already are concerned, and those who aren't may be when they see, 'This affects my pocketbook,' " Tallysaid. "They say, 'I can either have the schools, the roads, or I have to defend a rogue prosecutor.'
In a letter from James P. Craven III, Nifong's attorney, to the Chief Deputy Attorney General a response to the denial of the state is given by Nifong. Letter
"I don't know why I continue to expect people to do the right thing." Mike Nifong