AG Takes Duke Case, Won't Rule Out Rape Charges

ByABC News
January 13, 2007, 2:16 PM

RALEIGH, N.C., Jan. 13, 2007 — -- North Carolina Attorney General Roy Cooper has announced that his office will take over as prosecutor in the Duke lacrosse case.

After the case is reexamined by special prosecutors Jim Coman and Mary Winstead, rape charges could be reinstated against three former Duke University lacrosse players. It's also possible all charges could be dropped.

When asked about the possibility of new rape charges, Cooper told reporters "anything can happen."

This comes one day after Durham District Attorney Mike Nifong recused himself from prosecuting a sexual assault and kidnapping case against the three former Duke lacrosse players.

Nifong faxed a letter to Cooper, asking his office to appoint a special prosecutor take his place.

Cooper said he has accepted the request.

"[Nifong's] basic reasoning," his attorney, David Freedman, told ABC News, "was that he would be more than a hindrance than a help" as the case moved forward.

Nifong's letter, sent to Cooper's office sometime after 2 p.m. ET on Friday, cited charges of ethics violations brought against him by the North Carolina Bar on Dec. 28. Those allegations and the possible disciplinary action against Nifong apparently created a conflict of interest that drove Nifong to step down from the case.