State Takes Over Duke Rape Case

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

RALEIGH, N.C. (AP) – The state attorney general’s office agreed Saturday to take over the sexual assault case against three Duke University lacrosse players at the request of the embattled district attorney.

Durham County District Attorney Mike Nifong, hamstrung by a flip-flopping witness and dogged by allegations that he made inflammatory statements to the media, asked Attorney General Roy Cooper’s office Friday to appoint a special prosecutor.

“I wish I could tell you this case would be resolved quickly,” Cooper said at a news conference Saturday. “Since we have not been involved in the investigation and prosecution, all of the information will be new to our office. Any case with such serious criminal charges will require careful review.”

Cooper pledged that his office would not comment on details of the case as officials review the investigation and the charges of sexual assault and kidnapping against Reade Seligmann, Collin Finnerty and David Evans.

Last month, Nifong dropped rape charges against the men after the accuser changed a key detail of her description of the alleged attack.

Nifong has led the investigation into allegations a 28-year-old student at North Carolina Central University – hired to perform as a stripper – was gang-raped and beaten at a March 13 party thrown by Duke’s highly ranked lacrosse team.

Nifong’s comments to reporters in the early days of the case, including calling the lacrosse team “a bunch of hooligans,” led the North Carolina State Bar to charge him last month with several ethics violations.

He faces penalties ranging from admonishment to removal from the bar; a hearing in that case is scheduled for May 11.

Nifong’s attorney said Friday the conflict of interest those charges created led the veteran prosecutor to ask the state to take over.

Attorney David Freedman said Nifong is disappointed that he has to get out of the case and that his decision to seek a special prosecutor has “nothing to do with how he feels about the merit of the case.”

Under North Carolina law, only a district attorney can formally request a special prosecutor. The request can be made when there are potential conflicts of interest, when a case is particularly complex or when there are other unusual circumstances.

Cooper said Jim Coman, a former director of the State Bureau of Investigation and head of the attorney general’s Special Prosecution Section; and Mary D. Winstead, a prosecutor in that division, would now oversee the case.

“Agreeing to accept the prosecution of these cases doesn’t guarantee a trial, nor does it guarantee a dismissal,” Cooper said.

He said his office would take possession of the case files and documents next week, but declined to comment on how quickly their review would progress.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use