Convicted man's release keeps Duke lacrosse lawyer off stand

DURHAM, N.C. (AP) — A North Carolina man was freed after 21 years in prison for a double-murder a judge ruled he likely didn't commit, but questions linger about the prosecutor who put him behind bars — the former district attorney already disbarred for lying and misconduct in the Duke University lacrosse rape case.

The Durham district attorney's office on Wednesday opted against fighting Darryl Howard's release based on improved DNA evidence after it became clear prosecutors would have to defend Mike Nifong's handling of the case.

Hudson said prosecutors could retry Howard, who was convicted based heavily on the testimony of witnesses at the Durham public housing project where the killings occurred, or drop the case.

Defense attorney Barry Scheck said he thought it was unlikely that prosecutors would retry Howard because of the contradictory evidence offered by witnesses at Howard's original trial, signs of misconduct by prosecutors and police and lack of physical evidence.

"Given the history of the DA's office, having their past skeletons paraded out again is likely something that nobody wanted," said Jamie Lau, an attorney with the Wrongful Convictions Clinic at the Duke University law school.

A Durham police detective testified at Howard's trial that investigators never considered that the sexual assaults were linked to the killers.