Right idea--wrong word.
Subornation:
1. To induce (a person) to commit an unlawful or evil act. 2. Law a. To induce (a person) to commit perjury. b. To procure (perjured testimony).
The prosecution has a duty to divulge exculpatory evidence pertaining to the defendants. I don't know if withholding such evidence is a felony--more like prosecutorial misconduct.
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.
"The prosecution has a duty to divulge exculpatory evidence pertaining to the defendants. I don't know if withholding such evidence is a felony--more like prosecutorial misconduct."
That depends. If the lab report was deliberately altered to omit the exculpatory evidence, then that goes beyond a failure to disclose, and approaches falsifying evidence, which is a felony, I believe. To prove that, they would probably have to find a draft of the report with the exculpatory evidence included.
On the other hand, the discussion between the lab chief and the DA to exclude the evidence from the report may constitute conspiracy - and even if the underlying crime is a misdemeanor, conspiracy is usually a felony.
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.