The North Carolina State Bar vs. Michael B. Nifong

The North Carolina State Bar's Disciplinary Hearing Commission decided Saturday, June 16, 2007, that Durham County District Attorney Mike Nifong violated 27 of 32 rules of professional conduct -- as outlined in a pretrial motion -- during his prosecution of three Duke University lacrosse players falsely accused of rape, sexual assault and kidnapping. (Watch commission Chairman F. Lane Williamson read the panel's decision.)

Issue Decision
1.) Did Mike Nifong make extrajudicial statements to the media? Yes
2.) Did Nifong know those statements would be disseminated? Yes
3.) Did Nifong know his statements would prejudice a jury? Yes
4.) Did Nifong know his statements would heighten public condemnation of accused? Yes
5.) Did Nifong make misleading statements to media, thus engaging in dishonesty, fraud and deceit? No
6.) Did Nifong a.) fail to disclose exculpatory DNA evidence in a timely manner and b.) fail to comply with a discovery request from defense (prior to Nov. 16.)?a.) Yes
b.) Yes
7.) Did Nifong fail to disclose the above issues by not relaying information about oral statements made to him by Dr. Meehan concerning other male DNA?a.) Yes
b.) No
8.) Did Nifong fail to provide complete results on the above issues even after several attempts by defense to get them (after Nov. 16)?a.) Yes
b.) Yes
9.) Did Nifong fail to above issues concerning Dr. Brian Meehan’s statements by providing info after Nov. 16?a.) Yes
b.) Yes
10.) Did Nifong instruct Meehan to prepare report of only positive matches a.) knowingly disobeying ethics rules and b.) requesting a person other than a client from providing the information?a.) Yes
b.) No
11.) Did Nifong a.) make false statements to the court and b.) engage in dishonest conduct when he said he had handed over all exculpatory evidence?a.) Yes
b.) Yes
12.) Did Nifong a.) lie to opposing counsel and b.) engage in dishonest conduct when he said he had handed over all exculpatory evidence?a.) Yes
b.) Yes
13.) Did Nifong a.) lie to the court and b.) engage in dishonest conduct by saying all of Meehan’s oral comments were included in the DNA lab report?a.) Yes
b.) Yes 
14.) Did Nifong a.) lie to opposing counsel and b.) engage in dishonest conduct when saying all of Meehan’s oral comments were included in the DNA lab report?a.) Yes
b.) Yes
15.) Did Nifong a.) lie to the court on Dec. 15 and b.) engage in dishonest conduct by implying he was not aware of any exculpatory evidence in the DNA tests?a.) Yes
b.) Yes
16.) Did Nifong a.) lie to the North Carolina State Bar's grievance committee and b.) engage in dishonest conduct by saying he agreed with Meehan to limit information in the DNA report to protect privacy of other men?a.) No
b.) No
17.) Did Nifong a.) lie to the grievance committee and b.) engage in dishonest conduct by saying he was unaware the DNA report he handed over did not contain exculpatory evidence?a.) Yes
b.) Yes
18.) Did Nifong a.) lie to grievance committee and b.) engage in dishonest conduct by saying he never said in court that he had turned over all exculpatory evidence?a.) Yes
b.) Yes
19.) Did Nifong engage in conduct prejudicial to administration of justice? Yes
20.) What is the appropriate discipline? Disbarment

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