JUDGES CONSIDER PASS FOR DUKE LACROSSE PROSECUTOR
BY BARRY SCOTT SUSSMAN
There is a saying that bad facts made bad law, but the Fourth Circuit Court of Appeals is going to extraordinary lengths to see that their idea of “bad law” does not result from the well-publicized false prosecution of members of the Duke Lacrosse team. Michael Nifong was the district attorney for Durham County, North Carolina who in 2006 brought charges of rape, kidnapping and sexual assault against several members of the Duke Lacrosse team. Nifong’s succeeded in garnering nationwide media attention when a relatively poor, minority victim was allegedly assaulted by privileged white athletes attending the exclusive university. Despite early success, the entire case eventually fell apart when serious prosecutorial misconduct was revealed.