No fed probe of Duke lacrosse prosecutor

The Department of Justice will not investigate former Duke lacrosse prosecutor Mike Nifong for his handling of the case, a spokesman for the federal agency said Wednesday.

The department decided the case was better resolved inside the state, spokesman Peter Carr said in a prepared statement.

"We believe the state of North Carolina has the primary interests in this matter: protecting the integrity of its judicial proceedings, holding Mr. Nifong accountable for his actions as an officer of its courts and vindicating the principles of justice under state law," Carr said.

Jim Hardin, who stepped in as an interim Durham district attorney after Nifong resigned from the office, requested that the State Bureau of Investigation determine whether any person involved in the case should be prosecuted.

State officials, however, said that although federal prosecutors could seek an indictment on a charge of lying to investigators, North Carolina prosecutors cannot.

"It would be difficult to conduct additional investigation into this matter without federal participation," SBI spokeswoman Noelle Talley said. "Our attorneys and the SBI will discuss the impact of this refusal."

Nifong pursued charges in the spring of 2006 against three Duke lacrosse players falsely accused of raping an exotic dancer during an off-campus party. He resigned from his seat after state prosecutors dropped the charges against the players, saying they were innocent victims of Nifong's "tragic rush to accuse."

He has since been disbarred. Nifong also spent a night in jail after a judge held him criminal contempt of court for his conduct during the case.

In October, the three lacrosse players filed a federal lawsuit against Nifong, the city of Durham, several police officials and others.