Stuart Taylor and KC Johnson hang Nifong rhetorically in this OpinionJournal piece for his contemptible, self-serving actions in advancing the Duke lacrosse "rape" case which has become a farce.
Last spring, Durham D.A. Michael Nifong, who is white, was facing a primary in a racially divided electorate. He was badly behind and out of campaign money, excepting almost $30,000 in loans from his personal funds. Then came the accuser's allegations. Mr. Nifong responded by assuming control of the police investigation and making racially inflammatory statements pronouncing the Duke lacrosse players guilty of rape. Even as evidence of their innocence accumulated, he brought rape, sexual assault and kidnapping charges that fed the racial resentments he had stoked. The black vote put him over the top in both the May 2 primary and the Nov. 7 general election.
How can we be confident that the charges are false? Let us count the ways: The police who interviewed the accuser after she left the March 13-14 lacrosse team party where she and another woman had performed as strippers found her rape charge incredible, and for good reason. She said nothing about rape to three cops and two others during the first 90 minutes after the party. Only when being involuntarily confined in a mental health facility did she mention rape. This predictably got her released to the Duke emergency room for a rape workup, whereupon she recanted the rape charge.
In court filings last week, even Mr. Nifong conceded that, contrary to his claims since March, medical records show no physical evidence of rape--let alone injuries consistent with the accuser's April claim of being beaten, kicked, strangled and raped anally, orally and vaginally by three men in a small bathroom for 30 minutes. Above all, DNA tests by state and private labs, which Mr. Nifong's office had said would "immediately rule out any innocent persons," did just that. They found no lacrosse player's DNA anywhere on or in the accuser and none of her DNA in the bathroom.
Yet two weeks ago we learned--only because dogged defense lawyers cracked a prosecutorial conspiracy to hide evidence of innocence--that the private lab did find the DNA of "multiple males" in swabs of the accuser's pubic hair, panties, and rear after the supposed rape. None of this DNA matched any lacrosse player.
This case screams for a special prosecutor - to disbar Mike Nifong, who may not deserve the hangman's noose but certainly a bit of jail time wouldn't hurt.