Findings

"This matter has been a fiasco"--starting with the defendants, moving out from there to the justice system in general.

Have to ask yourself: Why did Nifong do what he did? "It seems that, at the root of it, was self-deception arising out of self-interest."

Had a prosecutor who was faced with a very unusual situation: confluence of his self-interest collided with a very volatile mix of race, sex, and class. If it were a plot of a John Grisham novel, would be considered too contrived. Facing a primary--yes, he was politically naive.

But can draw no other conclusions but that the initial statements he made were to further his political ambitions.

Having seen the facts as he hoped they would be, in his mind, the facts remained that way in the face of developing evidence that was not in fact the case.

Even in the face of a declaration of innocence by the NC AG, Nifong still believes the facts to be one way, and the world now knows that is not the case.

Panel required to consider aggravating and mitigating factors:

--multiple offenses
--refusal to acknowledge wrongful conduct regarding DNA
--selfish motive
--vulnerability of the victims in this case: the three wrongfully accused
--substantial experience in the practice of law

mitigating:

--absence of prior disciplinary record
--reputation for character

Aggravating factors outweigh the mitigating factors.

This matter appears to be an aberration in the career of Nifong and in how justice is handled in NC. "It is an illustration of the fact that good character is not a constant; character is dependent upon the situation."

Fact that panel has found dishonesty and deceitfulness of conduct requires panel to enter most serious misconduct.

The victims are the three young men, their families, the entire Duke lacrosse team and their coach, Duke Univ., the justice system in NC and elsewhere, and, indeed, prosecutors--honest, ethical, hardworking ones throughout the nation.

In particular, the justice system is a victim--the way this was taken out of the courtroom and put in the hands of the public, into an unprecedented media frenzy. "You can't do justice in the media, you can't do justice in soundbites, the way to arrive at a determination of facts is to hear in an open proceeding all of the evidence."

'That did not happen--and was not going to happen, apparently--in the Duke lacrosse case."

Justice system was able to right itself--but done with backup systems, in a way that was never designed to work as the justice system should work.

Decision (unprecedented) by State Bar to take disciplinary action against prosecutor during a case was controversial. But it was the correct decision.

This case a reminder that the most powerful person in the criminal justice system is not the judge--but is the prosecutor. When that power is abused--as it was here--it puts constitutional rights in jeopardy.

Nifong's motives appear to be self-interest and self-deception--not necessarily evil, but judgment was "so clouded by his own self-interest." "Wandered off the path of justice."

Deception perpetrated upon the public--many people were made to look like fools by Nifong. 180-degree turn--"those who made a rush to judgment based upon an unquestioning faith upon what a prosecutor told them were made to look foolish. And many still do look foolish."