Prosecutor in Duke case apologizes to players

Story Highlights

• NEW: Michael Nifong acknowledges dismissal of charges was correct
• NEW: Nifong says attorney general saw evidence Nifong didn't
• NEW: D.A. rejects characterization of him as rogue
• Former lacrosse players were charged with sexual offense, kidnapping

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DURHAM, North Carolina (CNN) -- Durham County District Attorney Michael Nifong, who was behind the initial prosecution of three former Duke lacrosse players on charges of sexually assaulting an exotic dancer, publicly apologized to the men Thursday.

Nifong's apology came one day after the three were declared innocent and charges against them were dismissed, following a review of the case by the state's attorney general.

"To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused," Nifong said in a written statement.

However, he said he takes issue with the stinging rebuke delivered Wednesday by North Carolina Attorney General Roy Cooper regarding his handling of the case.

Cooper said the cases were "the result of a tragic rush to accuse and a failure to verify serious allegations" and said Nifong "pushed forward unchecked. There were many points in this case where caution would have served justice better than bravado."

The North Carolina state bar filed ethics complaints against Nifong in December and January, accusing him of withholding DNA evidence from the players' defense attorneys and of "making misrepresentations to the presiding judge." (Read the charges against Nifong)

Other ethics complaints said Nifong had made inappropriate comments to the media about evidence, testimony, and the students' character and credibility.

Nifong will be tried by the bar in June and could be disbarred if he's found guilty.

On Wednesday, defense sources told CNN the defense plans to pursue lawsuits against Nifong.

Nifong noted in his statement Thursday that Cooper's staff had access to evidence he had not seen. "I have every confidence that the decision to dismiss all charges was the correct decision based on that evidence," he said.

The three students -- Reade Seligmann, Collin Finnerty and Dave Evans -- were accused of sexually assaulting an escort-service dancer at a party in March last year. They were charged with first-degree kidnapping and first-degree sexual offense. Two DNA tests found no match between any of the three men and evidence in the case.

Nifong was also the subject of harsh criticism by attorneys who represented the three players.

He did not address that criticism directly in his statement, but said that no system based on human judgment can be perfect.

"Those of us who work within that system can only make the best judgments we can based on the facts available to us," he said.

Nifong acknowledged, however, that merely dismissing the charges may not mean any harm done would be "immediately undone."

"It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases," he said.

Seething players call for changes

The three former defendants, visibly angry over their treatment, called Wednesday for reforms in the justice system and restraint in the media.

"This whole experience has opened my eyes to a world of injustice that I never knew existed," Seligmann said. (Watch accused talk about 'the end of a yearlong nightmare' )

The case prompted national outrage and discussion about racism and the rowdy behavior of privileged students at a prestigious university.

The accuser, a student at nearby North Carolina Central University, is black; the three accused men are white. (Watch how the case ended with the players' exoneration )

"All of the men of the Duke University men's lacrosse team have gone to hell and back, but I hope, and all of us sincerely hope, it was not in vain," Evans said at a news conference where the men and their families were greeted by prolonged applause. (Watch player say 'We are just as innocent today as we were then' )

The players and their attorneys acknowledged that innocent people go to prison because they can't afford high-powered legal teams.

"Many people across this country, across this state, would not have the opportunity that we did, and this could simply have been brushed underneath the rug just as another case and some innocent person would end up in jail for their entire life," Evans said. "It's just not right."

Evans also criticized how news reports characterized him and his teammates.

"A great disservice has been done to the sport of lacrosse, and the stereotypes aren't true," Evans said. "They sell magazines and newspapers, but they're not anything that represents us as a sport, as a school, as a university and as a team. And they are wrong." (Watch how players 'have a bond that will last forever' )

Evans' attorney, Joe Cheshire, admonished the media not to judge suspects before the legal system does:

"Roy Cooper said a word today; the word is I-N-N-O-C-E-N-T. I wanted to make sure everybody got that." (Full story)

The players and lawyers urged reform in the legal system.

"There seem to be some flaws in the legal system that should be addressed," Finnerty said. "The fact that in North Carolina there are no recordings of the grand jury, and to establish checks and balances on district attorneys."

On Wednesday, defense sources told CNN the defense plans to pursue lawsuits against Nifong.

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