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January 23, 2008
Posted: 12:45 PM ET

NEW YORK – Last week, disgraced former prosecutor Mike Nifong filed for personal bankruptcy, claiming as much as $180 million in potential liabilities as a consequence of the lawsuits directed at him by the Duke players.

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Mike Nifong spent a day in jail for criminal contempt.

I’ve heard several commentators asking, “Hasn’t Nifong suffered enough?” I guess the answer depends upon who is answering the question.

Clearly, the former players would suggest that Nifong’s travails are faint retribution for his illegal conduct. They faced the real possibility of spending a significant amount of time in jail—not to mention the complete destruction of their reputations—before the justice system belatedly rescued them from Nifong’s excesses.

And it would be hard to disagree with them. This is a public official who held these men and their families, and indeed the entire justice system, hostage while he engaged in an entirely unprofessional, inept, and ultimately terrifying campaign fueled entirely by misguided and self-gratifying motives.

Fortunately, this “rogue” prosecutor was stopped before the Duke players found themselves in a prison cell, but the damage inflicted upon the public perception of the justice system will certainly linger.

Once, during my career as a prosecutor, I convicted an innocent man. There was nothing sinister about the prosecution—it was an armed robbery conviction based upon the eye-witness testimony of the victim. As it turned out, the victim had made an innocent—yet drastic—mistake in her identification and, fortunately, we were able to free the man within a few months. But I’ve always been haunted by the specter of jailing an innocent man.

Apparently, Nifong allowed his desire for fame and job security to pervert all concepts of justice and fairness. As a result, he has lost his job, his career, and his reputation—and now his financial standing. Some would say that’s a small price for him to pay for the injustice he created.

Jack Ford, In Session anchor

Filed under: Jack Ford


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Margery   January 23rd, 2008 1:55 pm ET

Why isn’t Nifong behind bars?

Rain   January 23rd, 2008 2:07 pm ET

That’s putting it mildly, Jack. Nifong’s deliberate actions nearly put four innocent young men behind bars for years. He hauled them through torture, based on the word of a disturbed young woman who couldn’t keep her story straight. At least, not until she’d conferred with the prosecution and got some names hammered down in her head.

Hasn’t he suffered enough? Heck, no. I figure he owes at least a prison sentence equal to the ones he tried to lay on those young men. One DAY in jail? Pfft. Bankruptcy? What did he cost the families of those young men to defend themselves? Disgrace? At least the mud all over HIS name is due to his own actions, not because his picture got picked out of a rigged lineup.

appauled   January 23rd, 2008 2:20 pm ET

Hasn’t Nifong suffered enough? Maybe if he were falsely accused in the public square of the most heinous and personal of crimes for the sole benefit of someone’s political career who in the process attempted to manipulate an entire (minority) race (thereby aggravating and increasing the race divide, ala Jackson and Sharpton), he might begin to understand what he put those innocent boys through. Maybe if he had as a result lost his standing in the academic setting he worked for decades to attain and also scrapped his entire collegiate sports career he might begin to understand. But let’s not forget about all those real rape victims who are aggrieved as a direct and sole result of his (evil) ambition because they now all as a group become less credible…

So, by my count, his selfish and wierd actions have hurt: 1) the poor innocent boys who never inappropriately touched anyone, 2) the african-american population of his district, 3) all african-american and caucasians living in the United States and their relations, 4) Duke University, 5) the entire sports program at Duke University, 6) any credible prosecutor who actually cares and wants to achieve justice and protect people, and 7) all past, present and future true rape victims of any jurisdiction. Did I miss anything?

Nifong is getting what he deserves in this life. That’s not to speak of the next.

Jordan A.   January 23rd, 2008 3:17 pm ET

Nifong deserves everything he gets. He tried to make the Duke shenanigans play out into his political career.

jeff   January 23rd, 2008 6:40 pm ET

I totally agree with this story. He tried to convict some innocent people. Life is everything and he tried to take that from some kids, he deserves everything thats going to happen to him.

Tom Mink   January 23rd, 2008 7:56 pm ET

I’m disappointed to read Jack Ford say in his In Session sidebar “I’ve heard several commentators asking, Hasn’t Nifong suffered enough?”

Who gives a darn about commentators? Just give us the facts and tell the commentators to go fly a kite.

For one I could care less what most commentators have to say. On top of that Nifong deserves whatever is dished out. He should step up to the plate and accept his fate. Remember how smug and arrogant he was?

Paco   January 24th, 2008 6:56 am ET

The Duke rape case was just a ploy to distract from the horribly going Iraq war. And I’m suprised, with world class journalists all on that case, nobody ever asked the question I was wondering… why weren’t Evans, Seligmann, and Finnerty in Iraq?

SeekerOfJustice   January 24th, 2008 10:18 am ET

As a former federal prosecutor, I am appalled at the actions of Mr. Nifong and his “troubles” are of his own making. NO sympathy here for him; only for the Duke students who will never completely shake the taint of rape and assault from their reputations. While it is clear that the Duke lacrosse team members were not the most disciplined off the field, a false charge of rape and sexual assault that was prosecuted despite clear evidence that they did not commit the crime smacks of arrogance and a miscarriage of justice that cannot be tolerated in the United States. I only hope that the bankruptcy court does not discharge any debts as a result of the civil lawsuits brought against Mr. Nifong.

Carla   January 25th, 2008 12:09 am ET

I agree with Mr. Ford’s assessment. I read two books about the case and left me very angry with how the prosecutor conducted the office and himself. I do not feel empathy or sympathy for him. It cost the Duke lacrosse players a great deal of money to show they were innocent. I thank God for their lawyers, their team mates, and their courage. They fought an extremely tough battle against a corrupt individual. I do not have sympathy for Nifong. None at all. He had choices and still persisted in making illegal ones.

IKW   January 25th, 2008 1:06 pm ET

Didn’t the Duke lacrosse coach quit his position because of this scandal also? You hear of the players’ problems, all of which deserve compassion, but what about the coach that took it so personally that he resigned over something that didn’t even happen.

He deserves some retribution as well…if in fact I am correct.

IKW

Audrey   January 25th, 2008 1:13 pm ET

Nifong knowingly was willing to send 3 innocent boys to 30-40 years in prison. So given the fact that Nifong has a son around the same age of the boys that he wanted to convict , how could he not have some sort of feelings that what if this was happening to HIS son????

IKW   January 25th, 2008 1:14 pm ET

I looked it up and am not correct…he was fired and his family was threatened so much that police had to drive by his house every 15 minutes or so for security reasons.

I stand corrected.

IKW

LINDA BUSH   January 25th, 2008 3:50 pm ET

This case still makes me mad. Mike Nifong should have served some significant jail or prison time for purgury and withholding of evidence. These young men were victimized by the system and I believe the laws should be changed to protect defendants from over zealous and power hungry prosecutors who will sell the souls of a human being.

GDaddy   January 25th, 2008 4:38 pm ET

I totally agree with “Seeker” and hope that the bankruptcy court doesn’t discharge any depts. One can only imagine the hardships that were put on the families of those three young men, financially and emotionally.

I wonder if one of us committed a crime, as henious as this, if we would only get 1-day in jail???
They would probably lock us up and throw away the keys.

I have no pitty for this guy

Tracy   January 30th, 2008 10:08 am ET

It’s amazing how much Nifong has suffered, and how much the public has rallied behind these former Duke lacrosse players. When it has been proven that prosecutors have done far worse in cases invloving minorities, no one has said one word, these attorneys haven’t been disbarred, and these men haven’t had politicians etc. rallying behind then and supporting their cause. This case just proves yet once again that justice is not color blind in the USA. Minority men are falsely imprisoned all the time, but because they don’t have the resources to fight the system, they end up sitting for years in prison. Not one of these men spent one day in prison. These men of privilege are doing exactly what they accused Nifong of doing- distorting justice. Because they have the means to, they are taking this whole thing too far. Nifong made a mistake, he was prosecuted for it, now let it go.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Co-anchor of the daily trial program Banfield and Ford: Courtside
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A former prosecutor and co-anchor of the daily trial program Banfield & Ford: Courtside
Jack Ford
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Anchor of the daily trial program Lisa Bloom: Open Court
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Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
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Senior Editor Fred Graham covers legal news in Washington, D.C.
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Attorney Jean Casarez covers trials around the country
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Beth Karas
Former prosecutor Beth Karas covers trials around the country
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