Facing Sanction, Duke Prosecutor Says He’ll Resign

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.”

New on the Networks: Safe Formulas From the Past

LOS ANGELES — After suffering the fallout of a writers’ strike last year and a fall season in which three networks posted significant ratings declines, network programmers have turned their attention to changes that can be made quickly.
The issues are most acute at ABC and NBC. In the audience category both those networks use as their chief barometer of success, viewers from the ages of 18 to 49, each network is down 12 percent from last year. The Fox Broadcasting network is off even more at 14 percent, but it has introduced its usual winter schedule of strong programs, led by “American Idol,” and should steam ahead into the lead in that age group within a few weeks.

CBS, the one network that actually gained overall audience this season, is off only 3 percent among those young adult viewers and has the fewest programming holes to fill.

But worries about the network business are pervasive, especially because of the downturn in the economy. CBS executives have lamented privately that the network has not been able to take full advantage of its strong fall and that the advertising market has stalled. That has led to fears about what might happen this spring when advertisers make their commitments to new fall television shows.

Phelps Could Face Criminal Charges: Report

http://www.nationalpost.com/life/Phelps+could+face+criminal+charges+report/1253528/story.html

RALEIGH, N.C. — Record-breaking Olympic swimmer Michael Phelps could face criminal charges following the publication of a photograph purportedly showing him smoking marijuana, The State newspaper of Columbia, South Carolina reported Tuesday.

A South Carolina law enforcement official said he would charge Phelps if he could prove the U.S. Olympian smoked marijuana in his county.

“This case is no different than any other case,” Richland County Sheriff Leon Lott told The State.

Lott’s comments come after a British newspaper published a photograph purportedly showing Phelps smoking marijuana at a party being held by students at the University of South Carolina in Columbia in November.

Columbia, the South Carolina state capital, is located in Richland County.

“This one might be a lot easier since we have photographs of someone using drugs and a partial confession. It’s a relatively easy case once we can determine where the crime occurred.”

Phelps apologized Sunday after publication of the photograph by the News of the World, calling his behavior “inappropriate.”

Both the University of South Carolina and Columbia police departments have said they would not pursue charges against Phelps, The State said.

MTV Is Looking Beyond ‘Jersey Shore’ to Build a Wider Audience

By BRIAN STELTER
Published: October 24, 2010
The second-season finale of “Jersey Shore” last week was one of the highest-rated hours all year on MTV. There was, perhaps, no better time to promote another boozy, in-your-face unscripted show.
Enlarge This Image

MTV

A scene from the finale of the second season of “Jersey Shore,” the hit show that has helped increase MTV’s viewing audience.

Instead, in every commercial break, MTV promoted “Skins,” a remake of a scripted British series about the sexually charged trials of teenage life that is scheduled to make its debut in January.

“We were using one of our biggest moments of the year to loudly shout about a very different kind of show,” said Stephen K. Friedman, MTV’s general manager.

MTV is enjoying a renaissance. Written off as irrelevant just a few years ago, the channel was resuscitated this year by the rambunctious cast of “Jersey Shore” and the young parents on “Teen Mom.”

Lest it rely too heavily on those shows, MTV is rapidly diversifying its slate of programs, “Skins” being one example.

“We’re in a constant state of reinvention,” said Van Toffler, the president of MTV Networks Music/Film/Logo Group.

Mr. Toffler is fond of saying that MTV executives have to “embrace the chaos,” especially because MTV has a fickle young audience.

Advertisers and analysts have taken note of the revival. Benjamin Swinburne, a media analyst for Morgan Stanley, said “there’s no question that ‘Jersey Shore’ has been the catalyst” for ratings gains at MTV.

“But they’ve been able to build off that by taking some intelligent risks,” he added.

Investors expect advertising growth to accelerate in the next two quarters at MTV and its parent, MTV Networks, which is owned by Viacom.

Cast members like Nicole Polizzi, better known as Snooki, from “Jersey Shore” get some of the credit, but the rebound is also a result of rethinking the channel’s programs for the millennial generation, as those born in the 1980s and ’90s are sometimes called.

It is happening at a time of wholesale revamping within MTV. A year ago, Tony DiSanto, president of programming, approached Mr. Toffler about wanting to set up his own production company. Mr. Toffler asked him to stay on while MTV strengthened its programming leadership. That is what the last year has been about, as a half-dozen new executives have been hired away from Warner Brothers, E! and elsewhere. Mr. DiSanto will leave at the end of the year.

Under the new guard, flashy reality shows are out — “The Hills,” once a flagship franchise for MTV, wrapped up last summer — and a new buzzword, “authenticity,” is in. It is shorthand for a new “filter” for MTV’s programming decisions.

Until this year, MTV had been shedding viewers for the better part of a decade, falling to an average of 481,000 at any given time in 2009 from an average of 636,000 in 2005. MTV, which the MTV Networks chief executive, Judy McGrath, has said should be the “forever young network,” had clung to Generation X a little too long, some believed, at the expense of the millennials.

Compounding the problem, there was a perception that MTV was flailing online, where its audience was spending more and more time.

“We were the company that didn’t get MySpace,” said Ms. McGrath, referring to Viacom’s failed bid for the social networking site. News Corporation acquired MySpace, instead, and the site has since withered. “I don’t think about that anymore,” she said in an interview last week.

MTV’s music Web sites now have more than 60 million unique monthly visitors.

Mr. Friedman, the former head of MTV’s college channel mtvU, was put in charge of MTV in 2008, after Christina Norman departed to take over Oprah Winfrey’s forthcoming cable channel. He said he sensed that “reality was starting to feel really unreal to our audience,” citing the show “Paris Hilton’s My New BFF.” No one believed Ms. Hilton would actually find her new best friend through a reality show.

At the same time, the actual reality shows on MTV — unglamorous stalwarts like “Made” and “True Life” — were picking up new viewers.

“They were inspirational, authentic stories,” Mr. Toffler said. The channel saw a way forward, and most of its new reality shows, like “The Buried Life,” “World of Jenks” and “If You Really Knew Me,” share that DNA.

As a result of MTV’s research about the millennial generation, Mr. Toffler and Mr. Friedman said they had come away thinking that teenagers and twentysomethings nowadays were less rebellious than those in the past. They are not rebelling against their parents so much as they are watching TV with their parents.

These insights have informed the development of new shows, including “Jersey Shore,” which was first conceived as a reality competition show for MTV’s slightly older-skewing sibling, VH1. Mr. Toffler decided to redevelop it for MTV, and what changed says a lot about the channel today.

“As opposed to making it a competition, we accentuated the fact that they come around and support each other — yes, they fight with each other, but they are a family,” Mr. Toffler said. “You even see their parents come in and cook pasta for the house.”

Mr. Friedman added: “Four years ago, you never would have seen that on MTV. Parents were absent!”

Now parenting is the main topic of “Teen Mom,” which is second to “Jersey Shore” in popularity. “Teen Mom,” which features four young mothers, is a spinoff of “16 and Pregnant,” which started in mid-2009 and stunned MTV executives with high ratings out of the gate. Its second-season finale this month attracted an average of 5.5 million viewers, while the finale of “Jersey Shore” averaged 6.1 million.

This year, MTV is averaging 558,000 viewers at any given time, up 16 percent from last year.

MTV is restarting “16 and Pregnant” with new cast members this month, and it is bringing back “Jersey Shore” for a third season in January. Several “Shore” spinoffs featuring individual cast members are also under consideration.

But MTV’s programmers know they cannot rely too heavily on these two hits. “You have to plan for all of these franchises’ obsolescence,” Mr. Toffler said, “and we are.”

The channel recently gave up on production of “Bridge and Tunnel,” a reality show about young people who live on Staten Island. Asked by a reporter if it was simply “Jersey Shore” on Staten Island, Mr. Toffler said, “That’s probably exactly why we didn’t want to do it.”

That comes back to diversification. Still trying to come up with a viable successor to the music video countdown show “TRL,” MTV this month started a pop culture newscast on weekday afternoons called “The Seven.” A scripted show, “The Hard Times of RJ Berger,” started last summer, and four more scripted shows will come online next year, including “Skins” and “Teen Wolf.” “Beavis and Butt-Head” is coming back, too, thanks to a newly reformed animation unit.

“The times when our network has been one-note,” Ms. McGrath said, “have never been as good as the times when we were diverse.”