A Statement to Americans by the National District Attorneys Association
There is Not an Epidemic of Rogue Prosecutors in America

For Immediate Release June 17, 2007

ALEXANDRIA, VA – According to Mathias (Mat) H. Heck, Jr., President of the National District Attorneys Association (NDAA) and Prosecuting Attorney in Dayton, OH, “The actions of the District Attorney (DA) in the Durham rape case are an anomaly and inexcusable.  The false accusations of rape by members of the Duke lacrosse team, were abhorrent, dishonest, and self-serving, and fly in the face of the ethical conduct that prosecutors not only accept and endorse, but adhere to.  We are deeply sorry for the pain this has caused them and their families. He misled the defendants, their attorneys, the public, the media and the residents of the community he serves.

Mr. Nifong’s actions, and intentional prosecutorial misconduct, have cast a shadow on America ’s approximately 30,000 prosecutors who daily strive to adhere to strict ethical standards in their search for truth and justice for victims of crimes and their families.”

NDAA, along with the fifty state bar associations, have all developed rigorous rules and standards that govern the actions of prosecutors.  And, NDAA has established the National Center for Prosecution Ethics that provides training for prosecutors in prosecution ethics and professionalism at the National Advocacy Center in Columbia , NC . (See News Release issued April 16, 2007.)

Heck continued, “NDAA agrees with the disciplinary committee established by the state of North Carolina and chaired by F. Lane Williamson, and their findings and conclusions.  His disbarment is the appropriate sanction.

No prosecutor wants to subject an innocent person to prosecution.  This is a nightmare scenario for every prosecutor.  In millions of cases and trials prosecutors go to great lengths to investigate, use DNA evidence if available, talk to witnesses and use every law enforcement tool available to them before they make a decision to charge a suspect.  To do less would be intolerable.”

NDAA wants to assure all Americans that they can have confidence in prosecutors and our criminal justice system.  It should be noted that even though Mr. Nifong made numerous misjudgments and gross errors in judgment, and the route was circuitous – the system ultimately worked even in this case. 

Heck concluded that, “The vast majority of prosecutors take their responsibilities very seriously.  They must seek truth and justice, wherever it leads, and hold criminals accountable for their actions.  Unfortunately there have already been cases in which the ‘Durham Effect’ has been raised in an attempt to influence juries and their verdicts.  In spite of the improper handling of this high profile case, it is my sincere hope that juries across the nation look at the evidence presented at trials and make their decisions based on that evidence. 

NDAA is the voice of American prosecutors and it will continue to work tirelessly to protect the integrity of our criminal justice system – which is not perfect, but remains the envy of the world.”

NDAA has approximately 7,000 members who represent about 30,000 prosecutions.  State and local prosecutors try over 95% of all cases in America .