Can the Defendants Sue the D.A. for Malicious Prosecution?
It appears, then, that D.A. Nifong is forging ahead in light of a complete lack of credible evidence to support a conviction. This decision has already cost the defendants their good names — and has also caused tremendous distress to their families, as well as costing them immense amounts of money. For instance, Reade Seligmann’s father, Philip, reportedly borrowed $400,000 from a close friend for his son’s bail. (The two other defendants also made their $400,000 bail somehow.) In an affidavit, Philip Seligmann pointed out that Reade “has never been involved in the criminal justice system in any state before the filing of these charges,” and said that “[w]e are committed as a family, along with Reade, to do everything necessary to restore our good name.” Even if these three defendants are, in the end, acquitted – as seems overwhelmingly likely — is that enough to remedy the grave injustice being perpetrated on seemingly innocent defendants? Perhaps not. In this unusual case, perhaps
