A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Saturday, December 16, 2006

Disbar Mike Nifong

I hate to be profane, but are you f***in kidding me?

Here's the headline from the News & Observer in North Carolina:

Lab chief: Nifong said don't report all DNA data

We continue: "Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case."

On cross examination:

"Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied."

From the North Carolina Bar Rules of Professional Conduct:

Rule 3.8 Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;

(d) after reasonably diligent inquiry, make timely disclosure to the defense of all evidence or information required to be disclosed by applicable law, rules of procedure, or court opinions including all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;

Mr. Nifong needs to surrender his license. He is not worthy of the Bar, as a prosecutor, or any type of lawyer.

Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com


  1. Nifong you are a wacko rogue out of control prosecutor perpetuating a hoax. Someone step in and stop the outrage. Turn in your law license and goto jail nifong. 20 years sounds about right.

  2. Stuff like this makes us Non-Lawyer types not trust the system.

    Kudos for your ballsiness in taking him to task on it.

  3. Anonymous9:29 PM

    Nifong is beyond shameful. This case got him re-elected and now he's stuck with it. Of course, he has sacrificed these 3 boys in the process ... and their families and friends.

    I'm one of the converts on this case. When the news first broke, I had no sympathy for the boys. They ought not have hired a stripper and been drinking anyway. But making a mistake like those is very different than Nifong's charges. My mind started changing when Nifong announced the charges. If you recall, it was to a pep rally at a local college. Throngs of screaming & cheering students clearly were motivated by something other than justice. And so was Nifong.

    I'm not a lawyer, but I wonder if he's keeping the case active (the lesser charges) to prevent action being taken against himself, for now. If anyone deserves prison, it's the woman and Nifong.

    Can anyone enlighten us on what punishment can be given to Nifong and the false accuser?

  4. Anonymous1:18 PM

    Having been the victim of the same sort of prosecution, I can tell you that we need to change the laws of this land. if the police and prosecutors bring a case that they know or belive is bad, then they go to jail for the same period of time that they were seeking. No accountability, No reason, No justic. Mike Nifong and prosecutors like him need to be in jail. It is the only way we can trust our system to be compelled to do the right thing.

  5. Anonymous1:25 PM

    Just wait until something like this happens to you, because you NEVER think it will. An argument, a false accusation to "get even", an arrest because the 'accuser" is a woman, a prosecutor trying to score points knowing that the "accuser" had a reason to lie or serve up some pay back....and your life is FUCKED for good. Remember, even if the case is dismissed totally, the "accused" will ALWAYS have to say, "Yes, I have been arrested and charged. Oh it was a rape case, but I didnt do it". That is the true punishment. There will always be those who will doubt you and NEVER give you a fair shot at jobs or whatever, just because you were accused. Trust Me, I been there done that.

  6. Anonymous1:30 PM

    Nifong has sacraficed the lives of three young men to further himself. Nw that is a rape case.

    Mr. Nifong needs to go to the general population of The N.C. State Prison and get what the accuser said she got !

  7. Anonymous4:59 PM

    Crystal Mangum is a whore. They found five semens in her and they don't match the lacrosse team or her boyfriend. She made these accusations against three other men when she was 18. Nifong and Mangum should be in jail for this. Crystal Mangum is an angry, mean, vindictive charlatan.

  8. Anonymous3:21 PM

    There is no question that the DA did not uphold his oath of office nor his duty as an officerr of the court. But, he is guilty of more than not carrying out his DA duties.

    He should be brought up on several criminal, not civil, vilations of the law. He worked actively to deprive these young men of due process and, more broadly, their civil rights. Now, we find a conspiracy with others to carry out a plan to lie to the court and public. This is a classic RICO criminal sanction.

    Any thoughts?

  9. Anonymous12:10 PM

    This is why politics and justice do not mix. Nifong, was pandering to low income constituents and using class envy by prosecuting these inncoent college kids because they come from wealthy white families. Justice should be blind and not have a political motive. This man should be disbared. I am a career police officer and this man should not be a part of the criminal justice system. This incident damages the credibility of the criminal justice system.

  10. Is there anything that I can do?... Anything?... to assist in bringing Mike Nifong to justice. Disbar should be the first step in a process to ultimately ensure that this man is held fully accountable and sufficiently punished for his actions...

  11. I noticed that Nifuck is no longer smiling as he was during his press conferences when he was dragging and lynching the three young men about a year ago.

    As someone previously posted I also believe he should get the same punishment he was pushing for these men and send him in with the general population in some NC jail.

    Just for the hell of it throw in the school administration of Duke in along with Nifuck for their cowardly condemning the men before they had an opportunity to see the facts.

    Lets hear their chant: “ Don’t confuse us with facts……. our superior educators’ minds are made up, we are the duke administration we know best or at least what’s good for us”