If the cell phone was examined for evidence, shouldn't that have been included in the 1200+ pages that Nifong gave to the defense?
If it was not examined, then he needs to be asked why the hell not.
I believe Nifong said in court that he hadn't examined the phone.
Ken... Nifong's action in court with respect to the cell phone were comical if not totally unbelievable..
The judge asked him if the cell phone was evidence.. He replies with "not the contents of the phone, only the fact that it was found at the house to validate the AV's story"..
He knows exactly what is and is not on the cellular phone... If the AV had taken a time stamped picture of RS or CF at times that conflicted with their alibi they would have been arrested long before the photo lineup...
So his statement to the judge that he didn't know what was on the phone was a bald faced lie, in my opinion...
"NIFONG: Well, Your Honor we have our own, dare I use the term, expert, at the police department who is reviewing the cell phones that were seized, computer disks and things of that nature. And he has not processed this yet, to my knowledge."
From the court transcript. Sounds like the person "processing" the evidence isn't any sort of expert at all....