Justice system was their victim

Two separate instances of gross misconduct within the criminal justice system cost two men - one a rogue prosecutor and the other a rogue cop - their jobs last week. But that does not begin to cover the damage they have done to innocent victims and the integrity of the legal system.

In Hillsborough County, the Sheriff's Office fired deputy Daniel Brock after an internal affairs report found he wrongfully charged dozens of drivers with driving under the influence. In North Carolina, a state bar disciplinary panel revoked Durham District Attorney Mike Nifong's law license for pressing bogus rape charges against three Duke University lacrosse players.

The abuse of power by law enforcement officials, from deputies on the street to prosecutors in the courtroom, undermines public trust in our legal system, puts law-abiding citizens at risk, and cannot be tolerated. These two cases, which differ in gravity but not in principle, cannot be swept away with an apology or a resignation.

The Hillsborough State Attorney's Office is investigating the cases Brock handled and could pursue criminal charges of falsifying reports. The Sheriff's Office is completing an audit to determine why a supervisor did not sooner address Brock's overzealous enforcement, which included arresting 43 motorists under the legal blood-alcohol limit and without signs of impairment. There is a clear pattern here that went unchecked for far too long.

In North Carolina, Nifong, who intentionally withheld evidence and made improper pretrial statements to the press, may be returning to the courtroom as a defendant. The (Raleigh) News & Observer reported that defense lawyers plan to file a motion to seek compensation for 60 to 100 hours of legal work needed to find DNA test results he withheld from them. The three players' families also said they are considering filing civil suits for the $3-million spent on legal fees.

Brock and Nifong betrayed the public trust and misused the law that they swore to uphold. Brock's DUI arrests earned him praise from his bosses who noted his "outstanding professional service" and from Mothers Against Drunk Driving. Nifong hyped a polarizing case involving race, class and sex to win re-election. His misconduct is especially indefensible, since he apparently was prepared to send innocent college students to prison for personal political gain.

The Hillsborough County Sheriff's Office, the State Attorney's Office and the N.C. State Bar deserve credit for the actions that they've already taken. But prosecutors must now carefully investigate whether Brock and Nifong violated the law and hold them accountable. They deserve what they tried to deny their victims - justice.

[Last modified June 22, 2007, 01:35:30]