Thursday, June 14, 2007

Bannon Cross-Examination

Nifong attorney Dudley Witt is now cross-examining Brad Bannon.

The basic Witt argument:

1.) Nifong didn't have a court order before Sept. to turn over the underlying DNA data.
2.) Nifong didn't object on Sept. 22 to the defense request for the data.

We've heard this from Nifong before--the Bar already rejected this basic argument.

Witt ends without even touching Bannon.

Re-direct: Doug Brocker and Bannon agree that the state NTO law requires turning over all test results, as soon as they're available.

Williamson: Have you ever tried a case against Nifong before?
Bannon: No.
Q: Did Nifong at some point stop making the privilege argument at some point?
A: Yes.

Q: At time when 3-30 letter written to Nifong, did defense attorneys have the rules of professional conduct in mind?
Bannon: Yes--had extensive discussions on this point; collective wisdom of the defense attorneys that they were ethically not just allowed but required to do so.

Bannon talks about his own involvement creating rule 3.6(c)--the Bar rule that allows defense attorneys to respond when the prosecutor speaks out of turn.

Bannon: Would we have done the same thing if Nancy Grace had been on her show every night declaring the boys guilty?
No--because who cares what Nancy Grace says?

Still could have responded to media--for instance, when Duff Wilson called him up on August 24 and outlined three or four major arguments for his story the next day that he and Joe Cheshire knew was not true.

Panel question: is there anything in your trial strategy that was affected by pretrial publicity?
Bannon: Absolutely. Real part of his job is trying to ensure when his client is demonstrably innocent, he doesn't even have to be tried. Every step we made was done with goal of getting things over with as soon as possible.

Lawyer has a duty to protect his client in court of public opinion and ensure against wrongful indictment.

48 comments:

Anonymous said...

This ought to be good -- waiting for another reverse Perry Mason...

Anonymous said...

Wonder if Freedman and Witt want this crap on their resumes!

Jittery and stuttering.......?

Roz said...

Do any of you know whose cell phone rang 2x after testimony resumed??

Anonymous said...

All I got to say is good luck to Witt. I couldnt imagine a tougher witness to try and cross than a lawyer, and one as sharp as Bannon.

Anonymous said...

Witt is already floundering. This is going South for Nifong, quickly.

Anonymous said...

Anyone cross-examining Brad is going to be at a huge disadvantage. Brad knows this case so much better than Witt ever could!!

duke2009mom

Anonymous said...

These are the kind of excuses high school students make up.

We couldn't copy it?!

We couldn't 'get' the underlying data until October?!

We had 'privacy' concerns about people who had already been publicly called hooligans and accessories after the fact?!

It cost too much money?!

Anonymous said...

Witt is as nervous as Meehan was yesterday

Anonymous said...

I am beginning to feel sorry for Witt. He really has nothing to go after with Brannon. Brannon and him are in vastly different leagues. Witt's voice is cracking up too and he is jumping from one point to another without really adding anyhing to the conversation.

Anonymous said...

Wow! Cross examination is finished. This is getting embarrasing for the defense.

Anonymous said...

Are you kidding me? That's it?

Nifong should throw himself on the mercy of the bar right now.

Anonymous said...

That's it?! Everything else stands as unchallenged?!

He's done.

Richard said...

And now they're going to have the in-chambers comments from Nifong indicating that he'd never heard of this before.

Anonymous said...

Witt was smart not to get into anything with Bannon. Talk about showing up to a gunfight with a knife!!

Anonymous said...

1.) Nifong didn't have a court order before Sept. to turn over the underlying DNA data.

2.) Nifong didn't object on Sept. 22 to the defense request for the data.

---

Maybe I don't get it, but isn't the North Carolina law that says Nifong has to turn over the 'report' of all tests in a timely manner and so no court order is needed?

Wouldn't his failure to object the final time also be moot since he had already broken the law by failing to provide a complete report, failing to disclose exculpatory evidence and in fact he NEVER PROVIDED a full report of the tests.

I know our system now runs on technical loopholes and legaleze, but I don't see how this argument gets him out of the fundamental charges.

Anonymous said...

Wow. Thats hilarious.

Bella said...

Wow, that was short. After everything Bannon had to say, that's all the defense could come up with?? Just do it, wave the white flag now. Although this is highly entertaining, so I don't really want it to end :)

Anonymous said...
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Anonymous said...

What's going on during the prolonged recess? Why did both sets of counsel depart en masse?

Anonymous said...

The least they could have done is invite the land orca and Victoria P into the courtroom for intermission entertainment...

Anonymous said...

Re: 2:23 pm "Witt was smart not to get into anything with Bannon. Talk about showing up to a gunfight with a knife!!"

That's Mike KNIFONG for you, traffic czar with multi-year experience turned criminal prosecutor. Funny yet depressing at the same time.

bill anderson said...

Actually, he showed up with a dull stick. Brad Bannon had a howitzer. Game, set, match.

Anonymous said...

Is CGM testifying for the defense to save the day?

And I was worried because the Bar wants to audit my trust account..

Not that big a deal now knowing that Nifong is so "fucked" as he puts it.

Anonymous said...
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Benjamin said...

na-na-na-na, na-na-na-na, hey-hey-hey, goodbyyyyyye

mac said...

Wondering if Nifey's family
is there today, or is "Take
Your Family to Work Day"
officially over?

Anonymous said...

I think it would be very interesting for some journalist to do some research and produce a total dollar figure, the amount of money, since the very beginning, that the Nifong/Mangum hoax has cost the taxpayers. The article could end with a list of items that could have been purchased with the money. If nothing else, it should wake up the Durham population somewhat.

Anonymous said...
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Anonymous said...

Sounds like Witt needs to review Commandment One of the "Ten Commandemnts of Cross Examination":

1. DON'T!

Why: Because you're F'ing up!


(May apologies, but I can't remember at this moment who wrote the 10 Commandements of Cross Examination)

Ken Duke

Anonymous said...

I sincerely hope that Mike Pressler is watching.

Anonymous said...
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D W said...

"Who really cares about Nancy Grace?"

*snort*

Bella said...

damn, did i just miss a good dig at nancy grace?? what was just said???

miramar said...

Yes, but the Court TV people do care about Nancy Grace!

Anonymous said...

Did you notice during the camera pan of the courtroom that everyone was laughing except Nifong? He knows he's finished.

Anonymous said...

WOW - no body cares about Nancy Grace. Of course, the Commentator feels compeled to stat "We care about Nancy Grace - not everyone feels that way." This trial is every thing plus, plus, plus, I expected. Hope someone brings in Murphy,

Anonymous said...

I hope this jackass Nifong can be liberated of any wealth he's accumulated, to compensate these kids for what they went through.

And the cops who were too eager to follow his lead need to get unemployed, without any pension benefits, 'cause the City of Durham might have some bills to pay settling the inevitable legal actions that come out of all of this.

Anonymous said...

whats the witness schedule like? I dont think the Bar needs to put on any more witnesses to get Nifong disbarred.

What is the defense going to do in its case?

Anonymous said...

Imagine what could have happened if they weren't from families that could bring the type of defense to bear that the $1M each said be to spent bought?

They could be sitting in prison right now, all for a psycho lying whore who thought she'd cash in.

redcybra said...

I think most of the spectators would be applauding, except that the judge would clear the courtroom if they did. Bannon is so impressive - his legal knowledge, his dedication, his memory - wow.

Anonymous said...

This ADA is cooking the Fong good!

Anonymous said...

Where did the Bar get this witness? Will the defense have a DA say that Nifong did nothing wrong. This is like a med mal trial.

We need a Rule 9F in North Carolina for lawsuits against public officials with the F standing for "fucked"

Anonymous said...
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Anonymous said...

why did Nifong even going to the bother of paying for lawyers? The Nifong Defense Team are waving wet tissues at a forest fire. If he thought it would prepare his defense for the civil or criminal prosecution, he is burning his resources and won't have a bar card to show for it.

Anonymous said...

Nancy Grace has officially come around to a different, more factually based understanding of this case. I just heard it with my own ears. She is just stunned that politics could have driven the case and claims she had her doubts about the case once the accuser started changing her story. Not clear exactly when Nancy Grace perceived the changes in the story...what is clear is it took her a long time to notice. She acknowledged she was aboard the Nifong train hook, line, and sinker. This acknowledgement today was red letter moment in the career of Nancy Grace, I'd say.

In a very comic moment someone on the show stipulated that Nancy Grace was a strong victim's advocate because she was a rape victim. Nancy Grace interrupted to say that she was actually a murder victim, not a rape victim. None of the other guests seemed to notice the humor in this statement.

Observer

mac said...

4:25
It was indeed a funny moment:
Nancy Grace, murder victim.
Hmmmm.
Maybe she was resurrected?

Anonymous said...

bannon is a heck of a lawyer. He is right about . . . Nancey.

The Browns in Huntersville said...

Well, I guess we all know who we need to call in Raleigh if we need a lawyer