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Duke Prosecutor on Trial
Duke Prosecutor on Trial

Court TV's Jean Casarez looks at the Nifong hearing

June 12, 2007

Court TV Host:We're going to be chatting with Court TV's Jean Casarez, who has been covering the Nigong hearing...She's here with us now.

Court TV Host: Thanks for being our guest online after today's unusual events.

Jean Casarez: Just want to say hi to everybody. Glad to be with you.

Question from Lexi-Atl: The attorney who is representing Mike Nifong, is he from out of state?

Jean Casarez: No, he's from North Carolina, Winston-Salem, NC. David Freedman is his lead attorney.

Question from Lexi-Atl: Have any civil suits been filed against Mike Nifong and if so by whom ?

Jean Casarez: As far as I know, the last time I asked and checked, the answer was no. I think that there will be civil suits. However, I think that the families are waiting until the state bar renders its decision on whether Mike Nifong violated North Carolina rules of professional conduct. That will give more strength to the civil cases.

Question from MaryB: Jean, first of all, I'm a big fan. So thank you for being here. My question is: what sort of ramifications could be Nifong facing if found guilty?

Jean Casarez: First of all, thank you for your kind words - they are greatly appreciated. And in answer to your question, the harshest discipline that can be rendered to Mr. Nifong is that he would be disbarred from the state of North Carolina, so he could no longer practice law. In other words, this man most likely would have to find an entirely different profession at this point in life.

Question from eowyn: What kind of punishment could he face in terms of fines and jail time?

Jean Casarez: There is no jail time involved with this type of proceeding, and I don't believe there are any fines. But the whole basis of these proceedings at the state bar are to determine if he has violated professional ethics as a lawyer, and the whole point of these proceedings are to protect the public, the members of the community of Durham and North Carolina. Thus, the stiffest penalty to protect the public would be to strip him of that law license so he would not be able to act in bad faith against anyone else.

Question from q: Jean, what exactly would it take for the board to disbar Nifong...all he really did was fail to drop charges when everyone wanted him to?

Jean Casarez: What the state bar is alleging is that he made many, many public statements on television networks and to print media expressing his opinion about the guilt of Duke lacrosse players, expressing his opinion about the evidence, and calling the Duke defense players a "bunch of hooligans." Many more comments were made, that's only a sampling. Additionally, and most seriously, the state bar is alleging that Nifong covered up and refused to give to the defense potentially exculpatory DNA evidence. This DNA evidence that was never turned over to the defense was evidence that there were multiple male DNA specimens found from the scrapings and swabbings of Crystal Mangum. The reason this is such important evidence for the defense is that in a rape prosecution if you have no matching DNA from the alleged victim to the defendants themselves - and there was no matching DNA in this case - you have to rely on other evidence, like bruises on her body, vaginal swelling, etc. If there is evidence that there is an immense amount of sexual activity, the defense is justified in using that evidence to help prove the innocence of their clients. The state bar also is alleging that Michael Nifong misrepresented facts to the Durham County Superior Court and misrepresented facts to the state bar of North Carolina. So as you can see, not dropping the charges was just the end result of an investigation the state bar says was tainted with bad faith from the beginning.

Question from Lexi-Atl: How is a judgment rendered in this case? There are three panelists, must they all be in agreement?

Jean Casarez: Great question. You are right, there are three members of the hearing committee. They act as judge and jury. Once the evidence is concluded, they will retire to discuss the evidence. The standard they will use is whether there is clear, cogent, and convincing evidence that Nifong violated any of the rules of professional conduct. It is a majority vote that rules; they do not have to be unanimous. They will come back into court and announce their decision. If Nifong is found to be in violation of even one rule, we will then go to the penalty phase, and much like the penalty phase in criminal court, victims can take the stand. We understand that Reed Seligmann will take the stand not only in the evidentiary phase but in the punishment stage, along with others. Nifong will then put on his own character witnesses as mitigators to show why he should get a mild discipline.

Question from eowyn: Jean, will they use Crystal Mangum's lies as evidence to help his cause?

Jean Casarez: It is interesting to look at where the defense is going to go in their case. As cited in their opening statements, we heard them say that the SANE, sexual assault nurse examiner, at the hospital was very inexperienced. We also heard the defense emphasize today through cross examination that the defense didn't have their own DNA expert to try to flesh out more sophisticated reasoning from the results they were given. I also think you are right that they are going to take Crystal Mangum and her inconsistencies to show that she was very confused and although Nifong had believed that the result had happened, and realized that she had undergone such a horrendous ordeal, her confusions and inconsistencies were just part of the trauma.

Question from prada: Jean, what would have motivated him to do this? Has that been addressed?

Jean Casarez: Yes, it has. I don't think I've heard it in the courtroom so far - but I think we will. I think the motivation for this, as alleged by the state bar, is that Mike Nifong wanted so much to win the race for DA - and he was behind in the polls before this happened - that he forgot any aspect of ethical behavior and was just focused on gaining the votes of the people in the community that he did not have, by showing that such a heinous crime had happened and that he was going to stand by the African American female victim to help find her justice.

Question from Machaon: Jean_Casarez, How is it going for Nifong so far? Is he making any ground against disbarment?

Jean Casarez: Well, he's got quite a defense. You would think that with so much that's happened, that he may just be throwing up his hands and admitting certain things. But he is not. He is saying that he never intentionally tried to prejudice this investigation or the three Duke defendants and I believe he will fight until the end. Remember, also, he is still the active DA of Durham County, so although he has serious, extremely serious, ethics violations alleged, he has not recused himself from the position. But I must say the majority of people I have spoken with since I arrived, wished that he had respected the office and the community enough to step down as DA, especially in light of what is happening. But I know Mr. Nifong would differ, saying why should I step down when I have done nothing wrong?

Question from Lexi-Atl: If he is disbarred are there any cases he has been involved in that will be appealed?

Jean Casarez: That's an interesting question. I think you would have to look at the investigations into each and every case to see whether there were any improprieties. But that's a very good question. I want to conclude by thanking everyone for watching. This will go on for the remainder of the week. We believe Reed Seligmann will be testifying. It's being reported that Colin Finnerty and Dave Evans may attend certain days. Their families are already in the courtroom - they are wearing wristbands that say Duke lacrosse - they are blue. I am seeing t shirts in the room - they say Duke lacrosse - the print is small, but they're there. The courtroom is packed with people standing on the sides. We are also getting evidence from the Duke lacrosse case that we have never heard before. So once again, thank you, and hope to talk with everybody again.

Court TV Host: Thank you - and we hope you'll come back again this week.

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