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.
Probably is but he and his office are too busy covering up for the smugglers on our southern border.
Well, based on the BJ Clinton precedent, Nifong's popularty should now rise to new heights. Dem's so love corruption in their leaders, after all.
This sounds like a possible case of criminal conspiracy to withhold evidence clearing the players.
He has a constitutional obligation to produce exculpatory evidence, and, assuming that North Carolina is a model rules state, an ethical obligation to disclose this evidence as well.
While I doubt he would go to jail, if this is what it appears, he could be reprimanded by the bar association and face suspension.
In something like this, where it wasn't just an appalling "oops" but an intentional and deliberate act, isn't there something else that can be done to punish him??
Looks like conspiracy charges could be made.
Why are they trying to ruin students making something of themselves and defending a pure slut is the derangement of the liberal mind.
Subornation of any deception in a criminal investigation is always a felony, even if the particular crime itself is only a misdemeanor.
Nifong's evil is beyond belief. Were I a juror in Durham- as I have been on two occasions- it would be impossible for me to convict anyone being accused by his office ever again.
Hints:
1. Election coming
2. Rich, white, jock kids
3. Black female
Three dots ... not hard to connect.
Have they cross checked the DNA files from the Ken Star investigation?
Nifong, a democrat, was running for District Attorney in November. He won with considerable backing from the minority community in Durham. The math isn't hard to do.
Of course, let's be clear that we don't really know what's going on here, but it appears that he asked this fellow not to disclose exculpatory evidence. I don't think that's illegal, though I'm not familar with North Carolina law specifically. It is, however, a constitutional violation and a violation of the ABA's Model Rules of Professional Conduct.
I don't profess to be an expert in legal ethics, but I know that most states--short of a very serious offense--won't disbar people for a first time breach of ethical rules. That aside, a six month or year suspension is a pretty serious punishment, not to mention that his public career would pretty much be over, and, frankly, given the publicity surrounding this case, if these allegations are proven, he's not exactly going to have a lot of job offers lined up. It's not a slap on the wrist.
Isn't that illegal? I'm not a lawyer...........
I'm surprised that this isn't on the desk of our USAG.
Gonzales .... you out there anywhere?????????????
Oh, it almost certainly is on the desk of a US DoJ attorney. However, the DoJ is probably letting it runs its course a bit more before taking Nifong down. The reasons are two-fold. First, the US DoJ does not want to be seen as interfering with an ongoing state criminal trial. Second, they are letting Nifong and co. hang themselves with evidence and testimony such as in this story.
I have faith that justice will be done in the case, albeit delayed. This will eventually end, and Nifong will not like the ending...
As in: They really nifonged those poor bastards!
Hi, Old Friend. Are you hinting that John Kerry might be the father? :)
One of the New Black Panthers is more my line of thinking right now.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.