It's not like they found those fingernails AFTER the first DNA test and they weren't tested at all. It's our presumption they were tested. Unless it takes longer for tissue test results to come back vs. DNA tests.
But it seems that tissue testing would be faster than DNA testing and Nifong never said they were waiting for additional results. He said they sent the original batch to another lab.
So that miss by the first lab is huge. Not that I think this should even go to trial, but I'd pay $$ to sit in the courtroom and listen to the first lab vs. the second lab testify to their differing results.
I don't think the first lab "missed" -- I think this is part of the test that was "inconclusive" and Nifong is desperately trying to pass it off as a match.