Duke Lacrosse Case Prosecutor May Have Memory Lapse

Duke Lacrosse case prosecutor may have memory lapse

Mike Nifong denies meeting at Burlington DNA lab to N.C. State Bar

In an article written by Raleigh News & Observer staff writer Anne Blythe, Mike Nifong is portrayed as having no memory of a meeting he had with DNA Security, Burlington, N.C. personnel.

The lead investigator on the case from Mike Nifong's office, Benjamin Himan, has case notes that list Nifong as being at the April 10^th meeting.

These notes are corroborated by Durham police Sergeant Mark Gottlieb who also listed Mike Nifong as a meeting attendee in his case notes.

According to the N & O report, Nifong sent a letter to the N.C. State Bar where he said he could not recall the event. He did acknowledge that the meeting occurred.

He stated in his January 16^th response to the Bar that "I have no recollection of that meeting and that I have no documentation or other evidence that I ever attended such a meeting".

The North Carolina State Bar oversees and disciplines lawyers in the state. In December 2006 and again in January 2007 the Bar charged Nifong with ethics violations related to his handling of the Duke Lacrosse case.

The three Duke Lacrosse players remain charged with kidnapping and sexual offense in the case. The rape charge was dropped after DNA evidence came to light.

The accuser, an exotic escort service dancer claimed that she had been gang-raped at a lacrosse team party in the spring of 2006.

The accuser identified the three students in a photo lineup set up by the prosecutor's office. Nifong said that the in April 4^th 2006 lineup the accuser identified two of the three students at a 100% confidence level and the third student at the 90% level.

Not mentioned in the article is the issue the defense has raise with the so-called photo line up. The accuser was apparently shown only pictures of Duke Lacrosse players.

Nifong considered the selection of the three pictures as an "eye witness identification case".

According to Nifong, he was only checking the DNA to either corroborate or refute the identification made by the witness.