Nifong Nifonged

Will one bad man take the fall?

Jeff Taylor | June 14, 2007

(Page 2 of 2)

However, we do know that it is no accident that this conspiracy centered on DNA evidence—or the lack thereof. This is evidence that the prosecution could reasonably think of as having "owned": the rape kit collection, the state lab, parsing the results. The defense team—any defense team—is generally not around for this process. Yet the defense is entitled to the results all the same. Perhaps Nifong considered that unfair, or had skirted the law so often in this area that the requirement to share evidence no longer mattered to him. He surely fell short of "seeking the truth," in any event.

Brian Meehan, director of DNA Security, the private lab Nifong went to for the unheard-of in North Carolina step of getting more rigorous DNA testing in a rape case, told the panel that Nifong never asked for a full report of the DNA results. Those results, recall, showed DNA from multiple men, none of whom were Duke lacrosse players. In effect, Nifong was trying to play don't ask, don't tell with evidence.

DNA evidence and other forms of modern forensic evidence do not permit that kind of prosecutorial discretion. Such evidence, alone, may not decide a case, but it does set the ground rules. Some things are ruled out, others in. Thus a carefully constructed case involving compelling victims, believable witnesses, reasonable suspects, perhaps even a partial confession can all come undone if the DNA comes back "wrong."

And that is ultimately the most chilling thing about the matter of Mike Nifong and the Duke rape case. Had Nifong had any of those other elements of a case, would the exculpatory DNA been enough to stop him? To force his recusal and ultimately bring about a new state investigation which cleared three innocent men?

Answers to those questions reverberate far beyond the matter of whether Mike Nifong ends up selling hot tubs instead of practicing law, or winds up sharing a cell with a previous victim of his brand of justice.

Reason contributor Jeff Taylor writes from Charlotte, North Carolina.

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