Log in to WRAL.com with one click using your favorite social network:
OR
Log in using your WRAL.com account:



Wrong email/password combination.

Forgot password?

Register with WRAL.com using your favorite social network:
OR
Register for a WRAL.com account using our web form.

Login Options

1:29 a.m. • 2-10-12

Weather Forecast for Raleigh

  • Today: Rain.
    • Hi: 58° F
  • Sat: Partly Cloudy.
    • Hi: 54° F
  • Sun: Clear.
    • Hi: 43° F

Other Locations

> 7 Day Forecast

Doppler Image

Marketplace Links

Social Links

Main Menu

Nifong Served With Suspension Order


e-mail print friendly
Mike Nifong
Mike Nifong

One day after he announced he would resign next month, Mike Nifong was served with a judge's order that suspends him from carrying out any duties of the district attorney.

Durham County Sheriff Worth Hill went to Nifong's house with a deputy to serve the order Tuesday morning.

"We took his keys and his badge that gave him access to the building," Hill told The Associated Press. "We'll make arrangements to help him get his personal belongings later."

Acting on a civil complaint filed earlier this year by Durham resident Elizabeth Brewer, Senior Resident Superior Court Judge Orlando Hudson filed the order, which removes the embattled prosecutor from office until his resignation becomes effective July 13.

Hudson initially agreed to allow Nifong to work until then, but made the decision Monday evening, concerned that criminal defendants and defense lawyers might challenge the district attorney's authority and therefore, creating potential problems.

"There is probably cause to believe that the district attorney has engaged in willful misconduct in office and conduct prejudicial to the administration of justice, which brings the office into disrepute," Hudson wrote in the order.

A hearing on Brewer's request must be held within 30 days unless Nifong resigns before then.

Hudson appointed Robert Zaytoun, a private attorney in Wake County, as special prosecutor to present evidence against Nifong should the hearing take place.

Nifong's legal assistant, Candy Clark, said Tuesday  that the one case Nifong was currently handling -- a 2005 quadruple homicide -- was being reassigned to an assistant district attorney in the office. That case is scheduled for a case management hearing on Aug. 6.

A disciplinary committee of the North Carolina State Bar on Saturday disbarred Nifong for the way he handled the prosecution of three former Duke University lacrosse players on charges of rape, sexual assault and kidnapping.

Citing a lack of evidence in the case, North Carolina Attorney General Roy Cooper dismissed the charges in April and declared the defendants innocent.

The State Bar alleged Nifong lied to the court, made inflammatory statements about the players and their teammates and withheld critical DNA evidence from defense attorneys.

The state House of Representatives unanimously approved Tuesday afternoon a bill that would allow the governor to remove any judge or district attorney who is disbarred.

The measure has had virtually no opposition in the Legislature; the Senate, which approved it once, must now vote on it again to concur with changes made in a House committee.

It will become law as soon as Easley signs it, which he has said he will.

Easley appointed Nifong to the district attorney's office in 2005 and has since then called the decision his poorest appointment. There is no indication about whom Easley will appoint to replace Nifong.

"You are given a lot of power and you can destroy a reputation in moments with just a few words," Easley, a former prosecutor, said Monday. "This was much more than a mistake."

Dick Ellis, a spokesman for the state Administrative Office of the Courts, said Nifong will still be eligible for his full retirement benefits -- a pension and health care -- that he accrued while working as a state employee for nearly 30 years.

But because he served fewer than five years as district attorney, he is not vested in a more lucrative retirement system for judges, prosecutors and the director of the courts office.

RELATED TOPICS: Durham County, Wake County, Durham, Duke University

e-mail print friendly

118 Comments


WRAL.com welcomes your comments on this story. All comments are moderated prior to publication based on our posting guidelines. Please review them prior to posting and if your message is not approved.

View Comments VIEW ALL 118 COMMENTS

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Latest Comments
HOCKEYRULES Never for one minute did I suggest that I approve of the kind of behavior which you claim the Duke Lacrosse team was the major - perhaps only - purpetrator of. But nice try, anyway. My point remains the same. Duke's TIMING in reacting to what you decribe as an ongoing pattern of unacceptable behavior was intended to fan the flames of anger and suspicion already aimed at three innocent team members, and by association with the whole team. ASk yourself this. If Duke did the right thing, why did they make a financial settlement with the unjustly fired coach? And, I am glad that we agree that many other groups and individuals, sadly, indulge in the same shennanigans. You know as well as I do that had there been no false rape charge, there would have been no disciplinary action against the team. Duke's decision was calculated and vindictive, and therefore they bear major responsibility for lending support to DA Nifong and his horrendous miscarriage of ju

"no other team, fraternity, club or individual at Duke ever, ever drank, partied or hired sleezy entertainment. Riiiiiiiggght. Me thinks you doth protest too much."

Wow, so that makes it acceptable, huh? As long as others do it, thats ok? Sad commentary on how you view things.

Fact is, the history was there and the entire team paid the price. The fact that the three got charged, falsely, has nothing to do with Duke University or its action, only with Nifong. Still not sure why Duke felt the need to "settle" with these three only if the University's actions affected the whole team.

I'v read in news article, seen on the television where people(males) have pull 15-20 years in prison for a rape that they never committed...which they were falsely accused so the DA's stated they had so much evidence to prove they done this crime but years later it's been told they did not. So the Lacrosse team should count their blessings they won't one of the people who had to pull time. Please don't say technology is different now with DNA's now then back then. Let's not forget they were falsely accused too. Not saying they are bad boys, just say they made bad decisions about having a stripper at this party that was intoxicated. WAS IT UNDERAGE DRINKING AT THIS PARTY?

HOCKEYRULES One wonders why, if there was such a history of bad behavior by the Duke Lacrosse Team, the University waited until Nifong's witch-hunt had been launched to disband the team, fire the coach and end the season. And, apparently - if your narrative is to be taken a face-value - no other team, fraternity, club or individual at Duke ever, ever drank, partied or hired sleezy entertainment. Riiiiiiiggght. Me thinks you doth protest too much.

Great decision! Nifong should have been gone months ago!

View Comments VIEW ALL 118 COMMENTS
Report It

Multimedia

Click Here