By DUFF WILSON
RALEIGH, N.C., June 15 —Michael B. Nifong, the Durham County district attorney, announced Friday that he would resign, as he faces disciplinary charges for his handling of a sexual assault prosecution against three former Duke University lacrosse players who were later declared innocent.
Speaking in a barely audible voice in testimony before a disciplinary hearing panel, Mr. Nifong apologized to the players, their families and the North Carolina justice system.
His resignation came as a surprise on the fourth day of a hearing by the North Carolina State Bar, which has charged him with “systematic abuse of prosecutorial discretion” for withholding evidence and making improper pretrial statements.
“It has become increasingly apparent, during the course of this week, in some ways that it might not have been before, that my presence as the district attorney in Durham is not furthering the cause of justice,” Mr. Nifong said.
Joseph B. Cheshire, a lawyer for one of the three former players, said of Mr. Nifong’s promise to resign: “I believe it is a cynical political attempt to save his law license. His apology is far too late.”
Mr. Nifong, 56, still faces the resolution of the ethics charges, perhaps as early as Saturday, which could lead to his disbarment. Mr. Cheshire said defense lawyers planned to file a motion requesting that Mr. Nifong be found in criminal contempt of court for misstatements to the judge and lawyers in pretrial hearings. The charge, if upheld, could result in fines or jail time. The families are also considering civil suits.
The case stemmed from accusations by a stripper hired for a lacrosse team party in March 2006 that she had been sexually assaulted by three players. It developed into a case that was charged with issues of race and privilege.
Mr. Nifong, who had declared team members “a bunch of hooligans,” eventually dropped the most serious charges against the men and then recused himself from the case when the state bar brought charges against him.
In April, North Carolina’s attorney general, Roy A. Cooper, dismissed all the charges, saying there was no evidence of an attack and calling Mr. Nifong “a rogue prosecutor.”