But Mike, since the defense introduced the theory that the arrest warrant was served in order to intimidate Elmo in the Duke case, the defense must show some evidence of that. The only way to do that was to have Himan testify to his notes and Clayton to what he asked Elmo just before he served the warrant.
Clayton didn't testify. Himan was called to stand for less than 10 minutes - we all know why Himan was there.
Clayton and another investigator on the case were there all day - and the Defense attorney asked the Judge - Why are they here?
The defense did not call them to be there, they were not on a witness list (other than Himan).
Linwood Wilson, when asked, told the N&O it was HIS idea.
2 points there - He works for Nifong and he said the investigators were there because there name was mentioned in a motion. So that begs the question, what is the guy that heads up the Durham Worthless Check program doing reading motions on a misdemeanor aiding and abetting shoplifting, in effect?
Linwood's not too bright and by saying he had read the motion in this most piddly case - shows they did take an inordinate interest in the case. As we all know, they have an ADA to read the motions.