Duke Lacrosse Rape Case Update: If The DNS Does Not Fit ...
Captain Ed reminded me of this story which only broke a day or two ago. The News Observer has the details that show the local prosecutor has once again screwed the poochie in this Duke case:
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.
These three men stand accused of a rape that obviously did not commit. The DNA evidence now throws Nifong's case into chaos, and he is, technically, without a suspect. What is worse, this is the second time he has botched a portion of this case. It is illegal for the prosecutor to withhiold any evidence from the defendents. It is as much their right to see all of the evidence as it is for the prosecution to have it. The rules dealing with disclosing evidence are not ambiguous.
Nifong has repeatedly shown in this case that he has a nearly Ahab-like obsession in going after this case. Despite photographic proof showing that the stripper arrived with bruises and scratches on her body, he has proceeded. He admitted back in October that he had still not interviewed the accuser regarding the facts of the case.And now this. Nifong is a serious problem in this case.
His ethics, ladies and gentlemen, stink. He was reprimanded by the judge over his last little stunt. This time around, there needs to be more of a punishment involved. And I would really like to see him investigated for ethics violations. I do not know what sort of axe this man has to grind against these platyers, but it is clear that he is acting anything but professional in regard to this case. Additionally, the stripper's story has changed repeatedly. But Nifong would not know that because he had not spoken to her about that night.
From the start of this investigation Nifong has made mistake after mistake. He used this case as the basis for his reelection, and he has slandered the good names of three young me. He does not seem to care that these men's lives could be ruined if convicted, and withholding this sort of exculpatory evidence could have done just that. If I were the judge in this case, I would throw out the charges, apologize to the players who stand accused, and let them be on their merry way. Then, I would file contempt charges against Nifong, and refer him to the state's legal review board. It is clear to me that Nifong has a problem with being able to tell the truth, and execute his duties faithfully. This investigation is doing a good job of proving that fact.
Marcie
Captain Ed reminded me of this story which only broke a day or two ago. The News Observer has the details that show the local prosecutor has once again screwed the poochie in this Duke case:
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.
These three men stand accused of a rape that obviously did not commit. The DNA evidence now throws Nifong's case into chaos, and he is, technically, without a suspect. What is worse, this is the second time he has botched a portion of this case. It is illegal for the prosecutor to withhiold any evidence from the defendents. It is as much their right to see all of the evidence as it is for the prosecution to have it. The rules dealing with disclosing evidence are not ambiguous.
Nifong has repeatedly shown in this case that he has a nearly Ahab-like obsession in going after this case. Despite photographic proof showing that the stripper arrived with bruises and scratches on her body, he has proceeded. He admitted back in October that he had still not interviewed the accuser regarding the facts of the case.And now this. Nifong is a serious problem in this case.
His ethics, ladies and gentlemen, stink. He was reprimanded by the judge over his last little stunt. This time around, there needs to be more of a punishment involved. And I would really like to see him investigated for ethics violations. I do not know what sort of axe this man has to grind against these platyers, but it is clear that he is acting anything but professional in regard to this case. Additionally, the stripper's story has changed repeatedly. But Nifong would not know that because he had not spoken to her about that night.
From the start of this investigation Nifong has made mistake after mistake. He used this case as the basis for his reelection, and he has slandered the good names of three young me. He does not seem to care that these men's lives could be ruined if convicted, and withholding this sort of exculpatory evidence could have done just that. If I were the judge in this case, I would throw out the charges, apologize to the players who stand accused, and let them be on their merry way. Then, I would file contempt charges against Nifong, and refer him to the state's legal review board. It is clear to me that Nifong has a problem with being able to tell the truth, and execute his duties faithfully. This investigation is doing a good job of proving that fact.
Marcie
posted by Syd And Vaughn | 7:30 AM
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