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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: nj_pilot
A District Atty, State's Atty, or other such official has a LEGAL OBLIGATION to IMMEDIATELY bring ALL exculpatory evidence to the attention of the defense, so that that may investigate it, use it in their defense, etc.

The purpose of a DA, and his legal obligation, is not to put just anyone in jail, but to put the guilty party and the guilty party only in jail AND ASSIST THE INNOCENT TO GO FREE.

This is huge.

I expect the charges to be dropped on motion, not on trial, unless the DA has something huge, such as a video taped confession, which he does not.
121 posted on 12/15/2006 3:52:40 PM PST by MindBender26 (Having my own CAR-15 in RVN meant never having to say I was sorry....)
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To: r9etb

Right, and with the majority of the electrate being black ...the three dots are connected ... right through a white DA.


122 posted on 12/15/2006 4:06:41 PM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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To: TChris
Nifong should be in jail. Period.

So where are all of the honest people & why are they not protesting, etc.? This shows you why the leftist continually win battles because if reversed there would be anarchy if nothing was done.

123 posted on 12/15/2006 4:07:11 PM PST by Digger (If RINO is your selection, then failure is your election)
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To: ladyjane; Howlin; Locomotive Breath; abb
"Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked."

“Yes,” Meehan replied."


124 posted on 12/15/2006 4:57:08 PM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: nj_pilot

Hmmmm, these are suppose to be rich, white boys. I expect that Nifong, once this is summarly thrown out, will be facing some attorneys for these young men that would make a great white shark swim away in fear. Too bad the tax payers will be hit........ wait, these same tax payers re-elected Nifong, so they deserve it.


125 posted on 12/15/2006 5:01:57 PM PST by Godzilla (JESUS - The REASON for the SEASON)
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To: Godzilla

Hopefully the taxpayers won't be the only ones paying. There are about 88 faculty members at Duke who should be getting that good old pukcer factor feeling about now.


126 posted on 12/15/2006 5:14:48 PM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: A Strict Constructionist; Howlin; Locomotive Breath; ladyjane; Perdogg; abb; Sacajaweau
"The lab director just made every atty., who is trying to question his labs credibility, very, very, very happy."

Oh man, I hadn't thought of that until now either. The obvious question: "In how many other cases have you not reported on evidence favorable to a defendant?"

127 posted on 12/15/2006 5:25:36 PM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: TruthShallSetYouFree
more like prosecutorial misconduct.

I have the feeling this thing's going to go away in a few months on a defense motion to dismiss with a deliberately ineptly argued response. Just a little finesse, there.

The big challenge will be finding someone to hold onto the papers while the judge signs them, since he'll have one hand occupied holding his nose.

128 posted on 12/15/2006 5:29:38 PM PST by ArmstedFragg
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To: MindBender26
unless the DA has something huge, such as a video taped confession

I'm hoping for a video taped party.

129 posted on 12/15/2006 5:35:05 PM PST by Sue Perkick (Just a water spider on the pond of life.)
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To: buccaneer81
I believe it was done to the cops in the Rodney King case

The officers in the King case were tried in state court. All but one was found not guilty, with the final officer (Lawrence Powell) acquited on most charges and the jury unable to reach a verdict on one charge.

The federal trial was a seperate case charging a different offense.

130 posted on 12/15/2006 5:35:05 PM PST by ArmstedFragg
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To: Seruzawa
How about every case that the DNA lab was involoved in? Whoooooeee!

....and every future case. I'm guessing their stock won't be hitting new highs Monday.

131 posted on 12/15/2006 5:37:36 PM PST by ArmstedFragg
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To: nj_pilot
Nifong needs to be disbarred - for breach of ethics an officer of the court.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus

132 posted on 12/15/2006 5:39:36 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: ArmstedFragg
The other thread noted that the DNA is apparently contaminated with Meehan's DNA. So they must have run his as a "check". That means it is likely that Nifong and any of the detectives who went to the lab or handled the "stuff" or any other evidence also submitted DNA as a "check". In fact, I believe it's the norm.

I have a feeling that the Defense has another card up their sleeve as related to the DNA which was found on/in, whatever, her. Something like......does the DNA match ANYONE in the system including the police department and Nifong's office.

Always wondered why the police chief took off. My best guess is he wanted to stay as far away as possible from Nifong because he got wind of what was going on.

133 posted on 12/15/2006 5:44:22 PM PST by Sacajaweau
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To: Sacajaweau
Have you seen anything providing specifics on just which tests they ran? The media reporting about Y chromosomes is somewhat nonsensical to me. Specifically, I'm wondering if they did any PCR-like multiplying of the DNA.
134 posted on 12/15/2006 5:51:41 PM PST by ArmstedFragg
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To: Enterprise; All

I posted my report in the old thread. Go here

http://www.freerepublic.com/focus/f-news/1753040/posts?page=1241#1241


135 posted on 12/15/2006 5:55:57 PM PST by Locomotive Breath (In the shuffling madness)
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To: ArmstedFragg

No little to nothing about DNA but in a court of law, it can exclude as in this case. Funny, we heard early on that there was other DNA present and the boyfriend was "suggested". So, there must have been a "leak" which sent the Defense "back to the lab". It's the timing of everything that matters. It's why they were indicted in the first place. DNA was NOT the grounds for the indictment. So, what was??


136 posted on 12/15/2006 5:58:37 PM PST by Sacajaweau
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To: Mark was here

North Carolina is a Dem state. Justice isn't blind.


137 posted on 12/15/2006 6:00:22 PM PST by Rb ver. 2.0
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To: AZRepublican
Why is Mike Nifong still a DA?

Does North Carolina even have an Attorney General? Has s/he been on vacation for the past 9 months?

138 posted on 12/15/2006 6:00:32 PM PST by montag813
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To: Sacajaweau
"A lot of time we get evidence that has been passed around between a dozen different people," Meehan said.

A prophetic statement from the lab's web site.

139 posted on 12/15/2006 6:02:44 PM PST by ArmstedFragg
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To: ArmstedFragg

Amazing....just amazing. That kinda kills the all important chain of custody. THAT's the document I want to see.


140 posted on 12/15/2006 6:04:59 PM PST by Sacajaweau
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