The Issue: Charges against Duke athletes dropped What we think: Durham DA should be held accountable
Yesterday, North Carolina Attorney General Roy Cooper announced that he would drop all charges against the three Duke lacrosse players involved in last year's scandal. Just as quickly as Cooper declared the three players to be innocent, he denounced Durham County District Attorney Mike Nifong for his handling of the case, which had essentially turned into a much-publicized witch hunt.
The Duke case was exacerbated by long-standing issues in the Durham area, as the University has a less-than-perfect relationship with the city that surrounds it. These issues were aggravated by the fact that Durham is mostly inhabited by working-class blacks and the three players were accused of assaulting a black woman.
The victim - a woman who in the past has made accusations of gang rape that resulted in no charges - changed her story countless times. DNA evidence could not link the players to the crime, yet Nifong persisted. There is responsibility that comes with the great power of being a prosecutor, and that responsibility is discretion. Nifong has an obligation to discern which witness statements are likely true, recognize when a witness is no longer reliable, and examine where the evidence points just as much as he has an obligation to prosecute the defendants he opposes to the fullest extent of the law.
Unfortunately, Nifong rose to the position of Durham County District Attorney, a position that in any county requires a long list of credentials and years of experience. Somewhere along the way, he forgot the ideals that dictate the responsibilities of his job.
Accusing innocent students of rape and sexual assault is extremely damaging to their character. Nifong was not the only one to fail the court system; the judge who found probable cause and thus allowed the initial complaint to move forward in the judicial process is also at fault.
Nifong should be disbarred not only to punish him for his failures as an attorney, but also to set an example for other "rouge prosecutors" who pursue politically advantageous cases that have no legal or factual basis.
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