RALEIGH, N.C. -- As Mike Nifong was calling the Duke lacrosse team a "bunch of hooligans" in public, he was privately acknowledging that the rape case would be hard to prove and that the accuser's story was filled with inconsistencies, a police investigator testified Tuesday.

But the Durham County district attorney insisted on pressing ahead with the case, police Investigator Benjamin Himan said on the opening day of Nifong's ethics trial.

Mike Nifong

AP Photo/Gerry Broome

Mike Nifong could be stripped of his license to practice law in North Carolina if he's convicted by a disciplinary commission hearing the case.

"We didn't have any DNA. We didn't have him at the party," Himan said of lacrosse player Reade Seligmann. "It was a big concern to me to go for an indictment with not even knowing where he was -- if he was even there."

The North Carolina State Bar has charged Nifong with several violations of the state's rules of professional conduct, all tied to his handling of allegations that a stripper was raped and beaten at March 2006 party thrown by Duke's highly
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