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Disgraced Duke Rape DA to Quit Monday

Posted Jun 28, 2007 12:44 PM CDT
By Martha Neil

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Mike Nifong, the Durham, N.C., attorney disbarred for his handling of the rape prosecution of three former Duke lacrosse players later determined to be innocent, will quit his job Monday. However, that still isn't the end of the road for Nifong, as far as his legal career is concerned--he faces a criminal contempt hearing later this month over his role in the Duke rape case.

A no-show at a hearing today seeking an order removing him from office, Nifong told the prosecutor in charge of the case that he will voluntarily resign his post Monday as the county's district attorney, effectively immediately, reports AP. Nifong previously was suspended from office, and had his keys to his former office confiscated.

Due to Nifong's promised resignation, Superior Court Judge Orlando Hudson said he will wait until Monday to decide the matter. "I'm not going to make a rush to judgment in a couple of days over Mr. Nifong," Hudson said. "This is going be resolved on Monday. ... There is no defense for Mr. Nifong to these proceedings. So, you don't have to guess how this is going to turn out."

Meanwhile, Superior Court Judge W. Osmond Smith III today scheduled a July 26 hearing to consider holding Nifong in criminal contempt of court, the AP article continues. The judge found probable cause to believe the soon-to-be former Durham district attorney "willfully and intentionally made false statements of material fact" during a hearing last year in the Duke rape case.

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