Special prosecutor sought

District attorney to leave Duke case

? Facing ethics charges that could lead to his disbarment, the embattled district attorney in the Duke lacrosse sexual assault case has asked the state attorney general to appoint a special prosecutor to take over the case.

Noelle Talley, a spokeswoman for the attorney general, said Friday in an e-mail that District Attorney Mike Nifong sent a letter requesting the special prosecutor.

Nifong’s attorney insisted the veteran prosecutor was not running from a weak case and said Nifong was disappointed he would not take it to trial.

“He feels, as a result of the accusations against him, that he would be a distraction, and he wants to make sure the accuser receives a fair trial,” attorney David Freedman told the Associated Press. “He still believes in the case. He just believes his continued presence would hurt her.”

Nifong met with the accuser this week to tell her of his decision, Freedman said.

Attorney General Roy Cooper’s office declined to comment on whether it would take the case.

Last month, the North Carolina State Bar charged Nifong with violating four rules of professional conduct for making misleading and inflammatory comments about the athletes under suspicion. The ethics charges carry penalties ranging from admonishment to removal from the bar.

It was not immediately clear what impact Nifong’s decision would have on the troubled prosecution of Reade Seligmann, Collin Finnerty and David Evans.