Contempt Motion Takes Aim at Nifong

Mike Nifong may face jail time if a contempt motion filed today is granted.

ByABC News
February 10, 2009, 5:55 PM

June 22, 2007 — -- Mike Nifong's free-fall from prosecutor to prosecuted continued Friday as three former Duke lacrosse players exonerated of rape charges asked a judge to hold Nifong in criminal contempt for his mishandling of the case.

If the motion is granted, Nifong, who brought rape charges against the former Duke students stemming from a March 2006 off-campus party, could face time behind bars.

The motion filed to Superior Court Judge W. Osmond Smith by David Evans, Collin Finnerty and Reade Seligmann also requested that the former Durham County district attorney pay back costs associated with their legal defense, including legal research undertaken to prove that Nifong had misrepresented exculpatory DNA evidence during the trial.

It also called for the court to penalize Nifong, who this week was also disbarred and had his badge and keys stripped by the state of North Carolina, with any additional discipline deemed "appropriate."

A disciplinary panel of the North Carolina State Bar stripped Nifong's law license after finding that he broke more than two dozen rules of professional conduct while investigating the rape allegations.

"In short, Mr. Nifong knowingly played a game of hide and seek with the Defendants and the Court regarding unquestionably exculpatory evidence," the motion reads.

The contempt motion focuses on Nifong's handling of the DNA rape kit and DNA evidence. Attorneys for the three former Duke students argued that the prosecutor violated at least a dozen laws, rules and a court order designed to protect defendants.

The DNA testing showed that genetic material from several men had been discovered in the accuser's underwear and body, but none of it belonged to the 46 white members of the Duke lacrosse team who submitted DNA samples.

Nifong knew about the results in April 2006, but did not share the information with defense attorneys for six months and presented contradicting stories about the results.

"Indeed, the pattern of misconduct is so extensive -- and occurred across so much time and on so many different fields of legal and ethical obligation -- that the sheer scope of it shocks the conscience and defies any notion of accident of negligence," the motion reads. "Thus, the real question for the Court is what to do about it."

Dudley Witt, Nifong's attorney, did not immediately return a call from ABC News.

Nifong could face civil lawsuits from the three players and their families. Joe Chesire, an attorney for Evans, has said he expects "excessive civil action" against Nifong.

Thomas Metzloff, a law professor at Duke University, said that it was not uncommon for contempt motions to seek payment for legal services that ultimately were proven uneccessary -- like the work conducted by defense attorneys in the rape case involving the DNA evidence.

"This is a request that is not unusual," Metzloff said. "Those hours cost money."

Duke University announced a legal settlement this week with the three players exonerated of rape and sexual assault. The amount of the settlement was not disclosed.