"I've defended the Black Panthers before, and I will do it again."
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.
"Nifong is in serious trouble."
At most he'll be forced to resign. It's ok to do this to "rich white" people.
Seems this one is a plot twist similar to one in Presumed Innocent.
My memory is that nifong had not prosecuted anything but traffic cases until oct 2005 when the real DA resigned to run for something and nifong became DA.
Did he commit perjury during his testimony?
Will the baby be black or look like Michael Jackson?
An older and better plan:
If a false witness rise up Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days; And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you. Deuteronomy 19:16-19
"I've defended the Black Panthers before, and I will do it again."
I really haven't followed this case too closely, so I don't know if Nifong has made any sworn statements, but I wouldn't expect that he would have.
What a shame that we have politicians(Dems) that thrive from using poor blacks for their dim vision of America.
Okay, so there won't be a lot of appeals.
But, wait. How about every case that the DNA lab was involoved in? Whoooooeee!
Puhleaze.
-nj_zaxxon
A willful violation of a defendant's constitutional rights under color of law (e.g., by a prosecutor) is actionable under 18 USC 242 regardless of if the defendants are convicted or aquitted. That's a federal felony, and punishments include one year, ten years, life, or even death (probably not applicable in this case), depending on the facts. Again, prosecutorial immunity does not apply to such a charge.
The issue for a DoJ attorney now becomes deciding whether or not such a violation has actually occurred (sure looks like it to me, but I'm not a DoJ attorney), to decide who to charge and how (there is also a conspiracy section -- maybe could be used to "turn" the lab guy), and to make sure he/she can establishing the facts beyond a reasonable doubt.
I thought we were friends!
bttt
Tar & feathers would be a good start.
I think Martha Stewart was convicted for obstruction for trying to conceal evidence.
This looks like obstruction to me, but then since the govt. makes the rules, the govt. may have decided to make itself immune from obstruction charges.
A trial is supposed to be a search for the truth. This requires the State to divulge any evidence it acquires, whether exculpatory or incriminating to the defendants. Unbeknownst to most, the DA as agent of the State, is there to see that justice is done, not that some personal political agenda be accomplished. The damage done to race relations, Duke community relations and the reputations and futures of these kids is grounds for the immediate removal and prosecution of Nifong.
Maybe, yet I think that when Nifong moved the trial to next year, the DoJ should have jumped.
Something 'bout "...the right to a speedy trial....".
Mike Nifong should be going to trial for false wittness, and if (when sentenced) takes the lacross players place' in Prision.
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.