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Head of DNA lab says he and Nifong agreed not to report results
The NEws & Observer ^ | Dec 15, 2006 02:07 PM | Joseph Neff, Benjamin Niolet and Anne Blythe

Posted on 12/15/2006 12:00:48 PM PST by nj_pilot

The head of a private DNA laboratory said under oath today that he and District Attorney Mike Nifong agreed not to report DNA results favorable to Duke lacrosse players charged with rape.

Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case.

Meehan struggled to say why he didn’t include the favorable evidence in a report dated May 12, almost a month after Seligmann and Finnerty had been indicted. He cited concerns about the privacy of the lacrosse players, his discussions at several meetings with Nifong, and the fact that he didn’t know whose DNA it was.

Under questioning by Jim Cooney, a defense attorney for Seligmann, Meehan admitted that his report violated his laboratory’s standards by not reporting results of all tests.

Did Nifong and his investigators know the results of all the DNA tests? Cooney asked.

“I believe so,” Meehan said.

“Did they know the test results excluded Reade Seligmann?” Cooney asked.

“I believe so,” Meehan said.

Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied.

At that answer, several people in the packed courtroom clapped. Superior Court Judge W. Osmond Smith III warned the standing-room only crowd to be quiet or leave.

Meehan’s testimony differed from a statement Nifong made at the beginning of today’s hearing.

“The first I had heard of this particular situation was when I was served with this particular motion” on Wednesday, Nifong told the judge. After court, Nifong clarified his remarks to say that he knew about the DNA results.

"And we were trying to, just as Dr. Meehan said, trying to avoid dragging any names through the mud but at the same time his report made it clear that all the information was available if they wanted it and they have every word of it,” Nifong said.

Joseph B. Cheshire V, a lawyer for Evans, said he was troubled by today’s testimony.

“If any of the lacrosse players were excluded, they simply wouldn’t put it in the report,” he said. “It raises some troublesome questions about (Nifong), who has an obligation to disclose exculpatory evidence and turn it over to the defense.”

In a response to reports that the accuser in the Duke lacrosse case gave birth recently, UNC Health care issued a statement at about 1:30 p.m. saying that the woman is at UNC Hospitals for care related to her pregnancy but has not given birth.


TOPICS: Crime/Corruption; Culture/Society; Government; US: North Carolina
KEYWORDS: dukelax
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To: CharlesWayneCT

Exactly!


101 posted on 12/15/2006 1:30:40 PM PST by nopardons
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To: nj_pilot

Nifong should be in jail. Period.


102 posted on 12/15/2006 1:31:13 PM PST by TChris (We scoff at honor and are shocked to find traitors among us. - C.S. Lewis)
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To: LiteKeeper

I bet he had a deal with the accuser to get elected. You know, cry rape by white boys, I'll step in as the big defender of black rights and prosecute such grievous hate crime...community black voters will have no choice but to vote for me in droves.


103 posted on 12/15/2006 1:34:09 PM PST by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: piytar

bttt


104 posted on 12/15/2006 1:36:30 PM PST by nopardons
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To: meandog
subornation of evidence is a felony in most states

democrats are immune

105 posted on 12/15/2006 1:37:32 PM PST by alrea
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To: AZRepublican

"Why is Mike Nifong still a DA?" ... OR a member of the bar?

His decision not to disclose the full information to the defendants' lawyers is, or should be, grounds for being disbarred. A regular lawyer would probably be sanctioned, but a DA "acting under color and authority" of the government should be disbarred. Permanently.

.. and then it looks like he perjured himself in earlier testimony today. Guy's a real piece of work.


106 posted on 12/15/2006 1:37:51 PM PST by EDINVA
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To: Mark was here
The State should have jurisdiction over a local prosecutor. Why are you bypassing the state?

I believe it was done to the cops in the Rodney King case. Federal civil rights laws and such.

107 posted on 12/15/2006 1:41:10 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: M1Tanker
The terrifying aspect is, how many other corrupt leftist DAs, lawyers, and politicians are also doing this?

Clinton II will make Clinton I look like a picnic

108 posted on 12/15/2006 1:41:48 PM PST by alrea
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To: Lexington Green
Nifong belongs in prison

I'm surprised it took to post #7 to see that posted!

Otoh, mabe it's a Captain Obvious moment - lol!

109 posted on 12/15/2006 1:42:02 PM PST by headsonpikes (Genocide is the highest sacrament of socialism.)
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To: nj_pilot

Case closed.


110 posted on 12/15/2006 1:48:07 PM PST by Black Guy who is a Republican
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To: Spok

"Nifong will be lucky if he only loses his job over this debacle."

Nifong is a Democrat. Yes, he has committed felonies, ruined innocent lives, and disgraced his profession. He will not lose his job, he will not go to jail, odds on he will not even be charged with a crime, and he will almost certainly be reelected.

The facts and the law do not matter because he is a Democrat. That makes him above the law.


Don't like it? Get over it. He's a Democrat.


111 posted on 12/15/2006 1:54:04 PM PST by No Truce With Kings (The opinions expressed are mine! Mine! MINE! All Mine!)
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To: alrea

'democrats are immune'...yeah; the media would put a Republican in jail for farting in public but the 'compassionate' party can do no wrong.


112 posted on 12/15/2006 2:03:41 PM PST by dogcaller
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To: nj_pilot
Any first-year law student would have told Nifong to drop the case after the first week. The "victim" a black hooker was obviously lying from the start. Anyone who had been the justice system longer than two weeks could have read better than Niforg.

But Nifong needed the black vote to win election. In North Carolina most voters are Democrats and most Democrats are black. Who has the black vote wins. (Another argument against universal suffrage.)

Of course, despite the investigation called for by the feds nothing will be done to Nifong. Remember, Democrats now control the Congress.
113 posted on 12/15/2006 2:16:18 PM PST by R.W.Ratikal (q)
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To: TruthShallSetYouFree
IMHO, Nifong should have been charged with prosecutorial misconduct a long time ago. What a complete and utter mess.
114 posted on 12/15/2006 2:21:38 PM PST by khnyny (God Bless the Republic for which it stands)
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To: Youngman442002

Sorry, that's "hanged" in public, etc.


115 posted on 12/15/2006 2:21:44 PM PST by R.W.Ratikal (q)
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To: sourcery

You are so right. Since Clinton no one can take any law seriously.


116 posted on 12/15/2006 2:23:24 PM PST by R.W.Ratikal (q)
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To: R.W.Ratikal

Each of the accused players should instruct their attorneys to prepare civil suits against the D.A., and the city/county that he works in to the tune of $100,000,000 per each player and the same amount against the gov't entity as the D.A..... Make it a 200 million dollar pay day for each player. Bankrupt the county and make the state take over.


117 posted on 12/15/2006 2:37:34 PM PST by stumpy
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To: Main Street

Well done! LOL


118 posted on 12/15/2006 3:04:28 PM PST by nopardons
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To: nj_pilot
Me thinks it won't be long until Mike Nifong will be asking a nurse to swab his own rectum after an altercation in the exercise yard of the penitentiary.
119 posted on 12/15/2006 3:07:48 PM PST by dagoofyfoot
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To: jazusamo
After his license to practice law is revoked he could always go to work for Taco Bell, if they'd hire him.

Yes, as a food taster.

120 posted on 12/15/2006 3:48:18 PM PST by 6SJ7
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