This is from the files of the incredible, folks. Former DA Mike Nifong (D-Durham)is fortunate he's not joining former House Speaker Jim Black (D-Mecklenburg), at the Gray Bar Hotel.
There is nothing more I can say, so please read on:
Nifong asks N.C. attorney general to help defend him against suit
BY BRIANNE DOPART, The Herald-Sun
October 15, 2007 11:51 pm
DURHAM -- Disbarred former District Attorney Mike Nifong is asking the state attorney general to help defend him against a civil lawsuit being brought by the three exonerated former Duke lacrosse players.
A local legal expert said he doesn't expect the state to weigh in for Nifong, but it is worth a try.
Nifong is one of 16 defendants named in a civil suit filed by attorneys for David Evans, Reade Seligmann and Collin Finnerty, the three former Duke athletes declared innocent of rape allegations by Attorney General Roy Cooper earlier this year.
In a letter sent to Ralph Walker, director of the Administrative Office of the Courts last week, Nifong asked the state to represent him or, if it won't, to at least foot the bill for private counsel he'll need to hire to defend himself against the 155-page complaint.
Nifong noted in an Oct. 8 letter to Walker that he was employed as a constitutional officer of the state during the time described in the suit and as such he warrants the state's representation. The former prosecutor added that if the attorney general determines that it would be a conflict of interest to defend him, he requests that it "make any necessary arrangements to secure [Nifong's] representation."
In a separate letter sent last week to Walker and the state's senior deputy attorney general, James Coman, Durham attorney James B. Craven III wrote that Nifong had requested his representation and that he would be "happy to do so, so long as I am assured of compensation by the State ..."
Duke University law professor Jim Coleman said Nifong's request "may be a bit premature" but added that should Nifong prevail in defending himself against the lawsuit that he'd be right to expect the state to pay his attorney fees.
One way for the former prosecutor to defend himself would be to assert the immunity he had in his role as a prosecutor, Coleman said. The Attorney General's Office also has an interest in defending that immunity, he said, because in doing so, they'll be protecting the immunity of all of the state's prosecutors.
While Nifong is likely to argue that everything he did as it related to the case he did in his role as a prosecutor, Coleman said attorneys for the exonerated men will suggest that the former prosecutor acted outside his capacity as district attorney.
"It presents an interesting question in how you defend [Nifong] for his conduct for which he has immunity," Coleman said.
The professor said he couldn't see the attorney general "making an appearance on [Nifong's] behalf nor do I think [Nifong] would want him to, given what he's said about [Roy Cooper.]"
Coleman added that he considers it unlikely that the state will make any promises to pay for Nifong's attorney fees in advance of any proceedings related to the suit but didn't see any harm in Nifong's efforts.
"It couldn't hurt to ask," Coleman said.
For More Information:
Jim Black in the news, Raleigh News and Observer
Mike Nifong, Prisoner, The Smoking Gun
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