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Updated at 10:19 a.m., Friday, June 15, 2007

Duke lacrosse prosecutor says he will resign

By Aaron Beard
Associated Press

RALEIGH, N.C. — Facing the loss of his law license, a tearful Durham County District Attorney Mike Nifong said today he will resign, more than a year after he obtained rape indictments against three Duke University lacrosse players who were later declared innocent by state prosecutors.

"My community has suffered enough," Nifong said from the witness stand during the fourth day of his ethics trial on allegations that he violated rules of professional conduct in his handling of the case.

The North Carolina State Bar said Nifong withheld DNA test results from the players' defense attorneys, lied to the court and bar investigators, and made misleading and inflammatory comments about the three athletes, who were cleared of charges they raped a stripper at a team party in March 2006.

Nifong said he did not make all the mistakes alleged by the bar, "but they are my mistakes."

"It has become increasingly apparent, during the course of this week, in some ways that it might not have been before, that my presence as the district attorney in Durham is not furthering the cause of justice," Nifong said

The inflammatory statements the bar cited included Nifong calling the players a "bunch of hooligans" and confidently proclaiming he wouldn't allow Durham to become known for "a bunch of lacrosse players from Duke raping a black girl."

On the stand today, Nifong said, "The comment about race was not a comment that should have been made."

He also testified about the DNA tests, saying that when he turned over the report to the defense, he "believed at the time that I had given them everything." He said he didn't realize until months later that additional DNA information was missing.

One of the accused players testified earlier today that he and his teammates had been confident that the DNA testing would quickly clear them.

The results failed to show any physical contact between the accuser and the members of the lacrosse team, but Nifong still pressed ahead with the case and won indictments against Reade Seligmann, Dave Evans and Collin Finnerty.

"We went from being viewed as athletes to being viewed as rapists," Seligmann testified.

Seligmann broke into tears as he described how his attorney got a call from Nifong notifying him of the indictment last year. He said the attorney glanced his way and said, "She picked you."

"My dad just fell to the floor, and I just sat on the ground," Seligmann said. "And I said, 'My life is over.' ... The first thing I thought about was, 'How am I going to tell my Mom.' "

His attorneys pulled together ATM receipts, cell phone records, time-stamped photos and the testimony of the cab driver who took Seligmann home the night of the off-campus party where the woman, hired to perform as a stripper, said she had been attacked.

"I don't know much about the law," Seligmann said, "but you hear the word alibi, and you think that's one of the first things a prosecutor would want to have. You don't charge an innocent person. I could never understand it."

Since opening its case on Tuesday, the state bar has largely focused on the DNA testing, specifically when Nifong learned about the results and when he shared that information with the defense.