Nifong - Former Duke Prosecutor: Choices and Consequences

Sentenced to jail! That was the verdict read by the judge to Mike Nifong, the disbarred Durham County, NC former district attorney who gained national fame in his attempt to prosecute Duke University lacrosse players on rape charges. Nifong rather will spend a day behind bars for criminal contempt of court.

How often have I said in presentations around the country, "Every choice has a consequence! It is an inescapable truth...just like gravity." Yet, it seems daily we are bombarded with media rich coverage about bad choices and the consequences that follow. The Duke Lacrosse fiasco and Mike Nifong's prosecution continues to show vividly the application of the law of reciprocity (simply put you reap what you sow).

As an Ethics Keynote Speaker I often observe that there seems to be a common thread that runs through issues like this. I understand clearly how choices can be made that can have disastrous consequences. I know – I made them and lived through them. Perhaps if they are exposed, others may consider more carefully their choices before reaping the consequences that follow.

It has been said that Nifong's judgment was blurred by political ambition. It has been argued that Nifong's political career could be catapulted forward with a high profile conviction in this case. Suppose that the Duke Lacrosse students had, in fact, raped an African American stripper. Imagine, if you will, the headlines following a conviction. Nifong would have brought to justice those wealthy Caucasian boys who, assuming they were above the law with their wealth and privilege, harmed in a violent way those who were underprivileged and disenfranchised. Headlines like that would get one votes, and votes gets one power in the political machine.

The problem is - it wasn't true. Certainly the Duke Lacrosse students may be judged guilty of poor judgment. As we all know, college students often exercise poor judgment. Judgment aside, they did not break the law. Regardless of what was said, in this case the truth was exposed - Choices and consequences.

But what were the choices and consequences in this case? First, it didn’t start with Mike Nifong. He, along with the Duke lacrosse players and their families all experienced consequences from choices made. Mike Nifong today may very well have been the Durham County, NC prosecutor had the lacrosse stripper party not have taken place. Nifong’s actions are not excused here, rather, there is a reality check recognizing that every choice has a consequence and the Duke students created the environment for the drama to unfold.

What were the choices that created this whole series of unfortunate but universally destined consequences? (1) The Duke students, by most accounts, exercised poor judgment and suffered as a result. None of the students in question will become Duke University graduates – a consequence none would have expected moments before the party began. (2) The stripper must have thought, “Hum, here’s a chance to make some money. You know they’ll settle.” The fact is, the truth of a situation eventually will come out. Some may believe that the truth can be hidden. Perhaps that’s true for a while, but the truth and the consequences thereof will always be revealed – at least at some point in time. (3) Nifong, while knowing he didn’t have a case, continued to move forward hoping that he would gain the conviction he so desperately wanted – thereby moving his political career forward.

All choices have consequences - either positive or negative. That is an inescapable truth. Having experienced much of what Mike Nifong is going through, I understand the pain is very real. The effects or consequences of our choices can be seared into our beings for the rest of our lives. Likewise, this is not the end for Nifong as there are pending civil suits against him.

In a report from the Associated Press this comment was made: "Today felt like the end of a Greek tragedy," said Jim Cooney, on of the lacrosse player’s attorney. "It was a tragedy for the boys and their families, but it was also a tragedy for Mike Nifong who at one point seemed to be a decent, honest prosecutor and lost his way."

At times it may seem like the end, but some ends are nothing more than beginnings. As the founder of the Choices Foundation, a non-profit organization, I know that bad endings and the consequences of poor choices can be the catalyst for an incredible amount of good. Like Mike Nifong, my poor choices earned me time in prison, yet that time, today, affords me the opportunity to speak to college and university students about Choices and their Consequences. Perhaps, when the Nifong drama comes to an end, Mike can use his experience for good. After all, we may make mistakes (some very significant) but we are not the mistake. Every choice has a consequence – so good choices can bring about positive results.