Thursday, June 14, 2007

More Bannon Testimony

Late July: joint defense discovery motion, renewing requests for discovery material relating to 4-10 and 4-21 meetings between Nifong and Meehan. Make clear they don't want work product material--simply factual data from 4-10 hearing.

Nifong had argued that 4-10 meeting material was "privileged." But defendants want the substance of comments from Meehan. This defense motion also requests specific information regarding DNA testing.

Q: Why seeking this information?
Bannon: As Evans' attorney, needed to figure out what the "fingernail" evidence meant. Needed underlying data from both labs.

Agent Leyn and SBI lab had used same type of DNA testing as Meehan did--yet SBI didn't make conclusion that Evans or anyone else about the same fingernails.

Bannon drafts the motion, which is taken up at the 9-22 hearing.

[Nifong has taken no notes during the Bannon testimony; for the most part, has sat, staring, straight ahead. His only visible emotion came when he chuckled as Bannon discussed Mangum's prior police record.]

"As a general rule, when we sent requests [for discovery] to Mr. Nifong, we didn't get responses to it."

9-22 hearing: defense lawyers discuss the Meehan report as a "final report." Nifong doesn't challenge--contends again that they did not ask any questions of Meehan. "Really nothing to provide" in terms of meetings with Meehan.

Smith: does report encompass everything?

Nifong: dissembles. "No other statements made to me" from Meehan.

Bannon: make clear that facts of case not discussed.

Nifong: correct--nothing.

Bannon reads at some length from 9-22 hearing, showing Nifong denying, over and over again, that he had discussed anything with Meehan beyond 9-22 report.

Sept. hearing: Bannon quotes Nifong transcript--request from defense is "witch-hunt" list, designed to discredit DNA testing.

[Ironically, Freedman yesterday seemed to be trying to discredit the DNA testing, suggesting the unidentified male DNA came from chain-of-custody problems.]

Finnerty lawyer Doug Kingsbery quote from 9-22 hearing: "There may be additional male DNA" that couldn't be matched. The defense wants this information. Wants to make sure that the state understands this issue.

In response to Kingsbery request, Nifong says nothing about additional male DNA.

Q: At that point, did you think there was additional male DNA found by DNA Security?
Bannon: No.


Other defense counsel had similar understandings.

Bannon in charge of drafting proposed order, runs it past Nifong: "final report of DNA security, dated May 12, 2006."

Nifong responds Oct. 20: says it would be very hard to get everything copied. Bannon offered to copy the material for all three defense attorneys.

Nifong then continues the conversation--Nifong brings up 10-11 letter sent by Cheshire. Nifong got extremely upset with Bannon about the letter, accuses them of not acting in good faith as lawyers. Wanted to know why they were accusing him of withholding information. Why are defense attorneys always accusing him of withholding information? All defense attorneys think that way.

Nifong volume keeps going up and up and up, and then hangs up phone on Bannon.

Nifong letter back to Bannon, 10-24: has reviewed proposed draft order. Nifong expressed no reservations about paragraph 4, representations about conversations with Meehan, description of Meehan report as "final report" in the order.

This order is eventually signed by Judge Smith.

Bannon brings in a copy of the two binders, 1844 pages of information, from DNA Security. No report was included summarizing the material.

Spent between 60 and 100 hours going through DNA Security data; taught himself after getting a textbook recommended by former head of FBI lab.

Tells Cheshire and Cooney about his initial findings, four unidentified male on public hair comb--both are somewhat skeptical. Sends email to Kingsbery. He responds same way--need to run it by DNA expert.

All had been in courtroom, hearing Nifong saying that nothing was there. Over the next couple of days, kept getting worse, finding another male's DNA, then another, then another.

Dec. 8: Bannon flies to Washington, meets with DNA experts, go through some of the materials; they confirm Bannon's findings-->this leads to the Dec. 13 defense DNA motion.

Defense reaction--compelling evidence of innocence. Then were all "bewildered at the fact that it hadn't been provided to us before."

[Nifong is sitting at the defense table, not taking notes, staring straight ahead.]

Did not expect Meehan to be at 12-15 hearing, and received no notice that Meehan would be at the hearing.

In-chambers meeting: Nifong brings up DNA motion, says this is the first time he had heard about it, "Whoa." Knew that the issue had to be dealt with.

Clear that what Nifong was saying that he didn't know about exculpatory evidence.

Lane Williamson suggests that the panel would like the transcript (at this point still sealed) of the 12-15 in-chambers conversation.

Defense lawyers believe that Nifong's revelations suggests Nifong wasn't hiding evidence. Most defense lawyers don't want to go forward--"Mr. Cheshire overrules the majority," says that questioning will proceed.

His impression: Nifong was as much in the dark as attorneys were. Nifong never gave impression that he knew of these results, that there had been an agreement not to report them.

Bannon has read through sections of the 12-15 transcript, leading up to the Cooney Perry Mason moment in which Meehan revealed the decision to intentionally limit the report.

Bannon notes that Nifong never challenged the revelation generated by Cooney question.

Nifong's 12-15 press conference "exact opposite" of what Nifong had said in court. Nifong's attorneys, David Freedman and Dudley Witt, started frantically whispering among themselves, but did not object.

Reaction to receiving Linwood Wilson interview: "We received a report and details that appeared to address significant problems that we had addressed"--wholly different story by Mangum.

Dismissal of rape charge seemed designed to diminish the impact of DNA evidence; discover then that Linwood Wilson had shown Mangum the 4-4 photo array once again.

Lane Williamson: Who employs Linwood Wilson?
A: Mike Nifong.
Williamson: What is his position?
A: Investigator for the DA's office.
Williamson: He's not a conventional law enforcement officer?
Bannon: No. But he does have a badge.

General laughter then ensued, including from the disciplinary panel.

In January, drafted motion to dismiss and motion for sanctions against Nifong, after revieweing 12-15 transcripts. Included allegations of violating ethics rules, holding Nifong in criminal contempt, and fining Nifong for cost of uncovering exculpatory evidence.

Close to filing this motion in January, but then Nifong recuses. Discuss this with the special prosecutors, but realize that filing this motion would require a response from the SP's that would distract them from their investigation. Defense then held off filing of the motion as State Bar conducted its inquiry of Nifong.

Communications with Special Prosecutors: relationship was "professional." Defense counsel provided them with any information for which they asked.

Offered the SP's complete access to defense materials. Harm caused to the three accused students caused by the state of NC. State of NC had an obligation to help redress that harm.

"This case became what it came because the DA of Durham Co. stated over and over again that these young men were guilty--that they were all guilty of some heinous crime, that it was racially motivated, that he had seen all the evidence and they were guilty." The only people with more power on this issue with more power than Nifong were in the AG's office.

Bannon is now going through a chart that he had put together showing the multiple male unidentified DNA from the Meehan tests.

Q: What's the significance of these findings?
A: DNA test results that don't match the person who has been charged are generally exculpatory--this is the whole purpose of a rape kit.

Number of specific reasons why it was important in this specific case.
1) Called into question veracity of Mangum's statements about not having sexual contact for a week before the alleged assault.
2) Showed evidence of sexual activity other than with her boyfriend and with lacrosse players--got to the heart of Mangum's credibility.
3) Gave the lie to Nifong's "absence of evidence" argument. In fact, they found everything--just didn't match any of the lacrosse players.
4) Provided more than sufficient explanation for swelling of the vaginal area.

Not so much how was it exculpatory--question was how it wasn't exculpatory.

Q: How many times did defendants seek such information?
A: Can't even give number--occurred over a six months' period.

103 comments:

Anonymous said...

Feels like the money shot (re: Nifong perjury in court and to Judge Stephens) is coming down the pike.

Anonymous said...

Oops, it's Judge Smith now, no longer Stephens.

Anonymous said...

Goodbye, Mikey.

miramar said...

KC notes that Nifong "for the most part, has sat, staring, straight ahead." From the angle on Court TV, the look on his face suggests that he is either suffering from acute indigestion or that he has swallowed a skunk. Is this the same person we saw on TV back in April and May 2006?

Anonymous said...

Liar, liar, pants on fire.

Put a fork in him, he's done.

Anonymous said...

Jesus, how could his lawyer possibly spin this? He's screwed.

Anonymous said...

Couldn't have happened to a nicer guy :).

Anonymous said...

Will we see Nifong say, "No mas, no mas."?

redcybra said...

Nifong is supposed to testify on his own behalf. Can you imagine the cross-examination? And the questions from Williamson? Just un-believable.

Bernie said...

I have been watching and the "prosecution" is doing a good job completely obliterating the apparent shield Meehan had kind of bult yesterday. Bannon is very cool and credible. Though painfully slowly and meticuously built, the case is being made that Nifong clearly knew of exculpatory evidence and withheld it. The only question is if this is enough to yank his license.

Bernie said...

Oops,
and lied to Judge Smith when saying that there was no evidence.

Anonymous said...

So now we have Nifong saying in court in September 06 that the report is all that exists and there won't be anything more.

This is 100% contrary to what he and Meehan are trying to pull wiht this interim report BS. Funny how they never mentioned that their was another report forthcoming during the actual preparation for trial.

But now that their careers are in jepardy they tout the report as interim. This is the crux of the case.

This interim report which Meehan had never made before and was unlike any other report. This report was created to frame 3 innocent guys.

redcybra said...

The only question is if this is enough to yank his license.

Jeez, if it isn't, what is?

Anonymous said...

"KC notes that Nifong 'for the most part, has sat, staring, straight ahead.' From the angle on Court TV, the look on his face suggests that he is either suffering from acute indigestion or that he has swallowed a skunk."

Miramar:

As they say, "you are what you eat!"

Anonymous said...

"Though painfully slowly and meticuously built, the case is being made that Nifong clearly knew of exculpatory evidence and withheld it. The only question is if this is enough to yank his license."

Bernie,

When you look at the entire case, the damage done to the 3 young men and their families, both psychological and financial, and done with such wreckless, cruel abandon, how can this sorry excuse for a human being retain his law license?

I know we're talking about Durham in Wonderland, but not all participants in this trial are Durhamites, so maybe there's hope.

Anonymous said...

Game, set, and match. Good night.

Anonymous said...

Keep in mind that Mike Nifong knew all this stuff in April 2006. He kept all this stuff secret and even when the witness changed her story he only dropped the rape charge (and kept the kidnapping and sexual offense) in December 2006.


Nifong never willingly dropped any charges against these guys. He is a psychopath.

Anonymous said...

I can't wait to see Williamson asking Nifong direct questions! That will be one for the record books.

I agree, Bannon is totally dispelling Meehan's flimsy interim report nonsense and Nifong's IN COURT statements can't be reconciled with what we know was discussed at the April meetings.

The fact that he did'nt resign and try to forestall this hearing shows what a prick he is.

I am still having trouble getting over Meehan's testimony "enhancements" from yesterday.

I predict the defense will look like bumbling fools when they cross Bannon.

Anonymous said...

It is a good thing that this is going on in Raleigh, not in Durham.
I'll bet Nofing wishes he could get a change of venue!

Mr. Rock, say hello to Mr. Hard Place said...

So, if the DNA report was intended to be an interim report all along, then Nifong committed perjury on 9/22. If the report was not merely interim but indeed final, then Meehan perjured himself yesterday and Nifong withheld evidence. This is a defense strategy?

redcybra said...

Nifong was mad at the defense attorneys for alleging that he was withholding information??? You CANNOT make this stuff up.

Anonymous said...

Nifong accuses Cheshire of not acting in good faith.

thats rich.

Anonymous said...

I had forgotten the 'witch hunt' comment, that is so rich.

I never thought he would get what's coming to him, this hearing is such justice.

It is stunning to have his many flat out lies catalogued so clearly.

Anonymous said...

There is simply no way Nifong keeps his license.

No way. none. Zilch.

Anonymous said...

KC wrote:
"Nifong letter back to Bannon, 10-24: has reviewed proposed draft order. Nifong expressed no reservations about paragraph 4, representations about conversations with Meehan, description of Meehan report as "final report" in the order.

This order is eventually signed by Judge Smith."


Elvis has left the building.

redcybra said...

Why, oh why did Nifong want to have this hearing? Did he think all this stuff wouldn't come out? Was he thinking at all? Crystal still wanted to have her day in court too, even after Cooper told her there was nothing backing up her case. Guess they both live in the same alternate universe.

Anonymous said...

Elvis has left the building.
-----------

Yeah baby and the fat lady has sung.

How did this fool think he was going to get away with this?

Anonymous said...

11:20

I believe at this point his best defense is to say he suffers from narcisistic personality disorder and is unable to distingush fantasy 'Cheshire afraid to go up against him' from reality 'no case to answer'

The bar is not going to accept his two fold defense of "I am too stupid and careless to know what was in these reports and forgot all about the 4-man DNA on Mangum...and even if I remembered it, it wasn't exculpatory anwyay' defense.

No way in hell.

Anonymous said...

Wow. Does this not lead to criminal charges against Nifong? How can he testify at this hearing? He needs to take the 5th.

JR

Anonymous said...

This is epic.

Anonymous said...

Oh. My. God.

Even the defense team didn't think Nifong would be so bold as to lie to the judge!!!!

Oh. My. God.

Anonymous said...

I want Bannon on a personal retainer for the rest of my life.

Anonymous said...

I wonder how Duff is going to spin this?

Anonymous said...

11.32 writes: "I wonder how Duff is going to spin this?"

Spin this?! He should get the Hell out of that room and as far away from Nifong as possible. Nifong's now radioactive.

Anonymous said...

Nah, The NYTimes is going down with the ship along with Victoria Peterson, Wendy Murphy and Cash Michaels. The best we will get is 'something happened' and due to Nifong's actions we will never know the 'whole' truth.

Anonymous said...

It's pretty obvious that $$ was one of the fong's motives.

Given that, just how rich is the irony that so many on the other side will end up profiting.

Bannon & the other atty's get free advertising.

Pressler already has a book out. I'd bet big $$ that it won't be the last.

The next question will be who'll star in the movie.

Anonymous said...

Here's the difference between left and right:

If there had been real evidence that this crime actually occurred, the right would join the left in condemning such horrid violence.

Since the evidence was (at best) contradictory, the right withheld judgement while the left condemned the accused because they fit the stereotype of white, rich, males oppressing a black, poor, female.

It really gets to the heart of what "justice" actually means.

Anonymous said...

Nothing like the smell of smoked Nofing in the morning...

That menu w/ the "Toasted Nifong" is going to have to be revised to "Ash of Charred Nifong".


What is sad is that this is still not going to be enough to convince many, particuarly when there remain press people who are just as averse to the truth as Nofing himself.


This is a major story and it just keeps becoming more compelling and harder to hide. What Nofing did (w/ help from so many) was so far beyond "bad enough" that he has single-handedly managed to do more damage to the image of many institutions than anyone else in recent memory.
Not only is he evil and destructive, he is very overt and inept.

There is no way the Bar can do less than the maximum at this point -- permanent disbarrment and referal for criminal prosecution.

Anonymous said...

Let's not get into politics again. I disagree with you there are PLENTY of examples of 'the right' ignoring factual evidence because it doesn't fit their ideology.

Let's not go there today.

Anonymous said...

I agree, I cannot wait to see Nifong on the stand trying to explain away the fact that he allowed everyone to think that this report he and Meehan keep claiming was an interim report was final.

If that's true how was a judge allowed to sign an order saying it was final without Nifong objecting.

It's so clear now that he was dirty and tried to keep this eveidence secret. It's almost sad how Nifong thought he was so much smarter than everyone else and now it comes out that he was a lying fool.

Anonymous said...

Cheshire made the call to cross Meehan in December. That cooked Nifong as well.

Anonymous said...

I love it....Nifong in chambers in December says WHOA how about this evidence....this is the first I have heard and it's important.

Too bad it has now been shown he knew about it in April. Not a very good actor.

Anonymous said...

Good lord, imagine if they had NOT put Meehan on the stand at that time? Imagine what the lying little weasle would have come up with after a few more meeting with Nifong!!!

Good for Cheshire, what a hero.

Anonymous said...

I think Nifong's belief was that no one would ever spend 60-100 hours training themselves on DNA analysis. He turned out to be wrong, of course.

If the defense lawyer hadn't done the DNA analysis I am afraid these young men would still be in purgatory.

Anonymous said...

11.44 wrote: "Cheshire made the call to cross Meehan in December. That cooked Nifong as well."

A bold gamble; pushed all his chips in. Of course, betting the House on Bannon is about as safe as bet as one can make.

Anonymous said...

I think Duke law school should host a symposium on criminal rape cases --or perhaps criminal cases more broadly with specific focus on this case which demonstrates more dramatically than any other case that I am aware of some of the problems with our legal system. So many attorneys along the way as this case was buiding turned a blind eye to all of the irregularities or passed them off as typicial strategy for DAs. Now all of the sudden everyone has changed position and is shocked by Nifong's actions. Why did it take so long to get anyone to pay attention. (Besides KC and Lie Stoppers) To those who say that the current outcome goes to show that the system works---I say that is outrageous. Those defendants have spent tons of money and suffered needlessly for over a year and they got lucky that some very smart and talented people were paying attention to their cause. How this can be a success story I do not understand. Maybe UNC should cohost the symposium because Nifong is their law grad.

Anonymous said...

Just when you think it can't get worse for Mikey it does.

How sad that these defense attorneys still believed in the system enough that nobody but Cheshire and Bannon let themselves believe Nifong would out and out lie to the judge.

Anonymous said...

Criminal AND civil liability just went way up thanks to Brad's testimony. He's gift-wrapped it and tied it with a fancy bow for Mikey's "special" day.

Mr. Rock said...

JR said Wow. Does this not lead to criminal charges against Nifong? How can he testify at this hearing? He needs to take the 5th.

I may be wrong, but I don't believe that Nifong can be criminally prosecuted. (This may however reach the level of malfeasance needed to file a civil suit--normally you can't sue prosecuters for doing their job).

Sadly for Nifong, you can't plead the 5th in a civil case, and he can't plead the 5th here because there is no potential criminal case. The only way to not be forced to answer questions is to moot the proceedings by forfeiting his license.

Anonymous said...

Does anyone else feel as if he or she is watching a Tom Clancy movie?

Anonymous said...

11:55

I think you are wrong, Nifong CAN be criminally prosecuted, in fact, its easier to prosecute him for a crime than in a civil suit.

I'm not sure how his immunity works for crimes but it certainly isn't the absolute immunity he has from civil proseuctions.

He is so done.

Anonymous said...

I guess at this point you could also give a big thanks and shout out to the Wonderful Group of 88. I don't want to speak for KC, but I was under the impression that their Listening Statement was the reason he got involved in the case and began DIW to begin with.

So, thanks Wahneema, Karla, Bill, et al.

Ralph Phelan said...

"His impression: Nifong was as much in the dark as attorneys were. Nifong never gave impression that he knew of these results, that there had been an agreement not to report them."

So now Nifong can claim that:

He really didn't know about the 4 other guys' DNA.
He really didn't discuss it with Meehan, all they talked about was how to use the fingernail evidence.
He doesn't know why Meehan didn't tell him.
Meehan claimed he told Nifong everything, but then Meehan also claims it was an "interim" report and there's absolutely no contemporaneous evidence of that self-serving assertion either, so why believe such an obvious lying weasel about this either?

Maybe his defense team isn't as stupid as it looks, and deliberately let Meehan destroy his own credibility yesterday so they could use a "Blame it on DSI" defense?

Anonymous said...

No, I think you got it wrong.

Meehan said repeatedly that he DID tell Nifong about the male DNA at April 10th and April 21st. I believe Himan also corroborated this.

Meehan said he told him about the results but that he kept them out of the report. That is what hangs him.

1. He cannot claim he didn't know about the male DNA w/out claiming Meehan and Himan are liars.

2. He can't claim he didn't discuss it w/Meehan since Meehan has already said he knew about it and that it was discussed but Nifong made no comments.

3. Ditto

4. Nifong is in a catch 22 here...he can't admit it was a final report, otherwise he digs himself in deeper, he cant' call Meehan a liar, otherwise he digs himself in deeper.

Anonymous said...

Ralph:

"so why believe such an obvious lying weasel about this either?"

Testimony from the SBI witness earlier confirmed that their DNA results indicated other unidentified persons. The witness confirmed the report was sent and received by Nifong

There really is no way out for Nifong.

Anonymous said...

SBI didn't find the male DNA, Meehan did.

SBI found DNA on the towel and in the bathroom.

Meehan found the DNA on the panties and inside Mangum's various orifices.

Anonymous said...

Duke Law 72 asks- While we are on the subject of Duke Law School, time we asked what has that institution devoted to civil rights due process etc etc been doing all this time to stop the lynching of Duke Students taking place right in front of their eyes and with the active help of their fellow faculty members?

Ralph Phelan said...

"1. He cannot claim he didn't know about the male DNA w/out claiming Meehan and Himan are liars."

Not a difficult claim to make in either case.

"2. He can't claim he didn't discuss it w/Meehan since Meehan has already said he knew about it and that it was discussed but Nifong made no comments."

Whoops, I forgot? This is the toughest part of this particular defense strategy, but given what else he's got (bupkis) it looks like maybe his best bet.

"3. Ditto"

Ditto.

"4. Nifong is in a catch 22 here...he can't admit it was a final report, otherwise he digs himself in deeper,"

Agreed.

"he cant' call Meehan a liar, otherwise he digs himself in deeper. "

Why not?
Nifong: "I am shocked! shocked! to discover that Meehan, whom I once trusted, was deliberately witholding evidence!"

Yes, it's contradicted by his going along with Meehan fighting further discovery after 12/15/06, but it's still the best he's got left.

Anonymous said...

Nifong's gotta be crapping his knickers!!!

Anonymous said...

If he was going to take issue with Meehan's recollection of telling Nifong about the male DNA he would have done it yesterday. Meehan is off the stand. They never challenged his assertion that he told Nifong of the male DNA, all they did was have Meehan say that Nifong never "ASKED" him to withhold evidence and that Meehan's report was an 'interim' report never 'DESIGNED" to hide evidence.

His only defense is stupidity.

He is so stupid he 'thought' the male DNA stuff was in the 'interim' report, and compounding his stupidity, he is so stupid he didn't understand that male DNA on a woman who claimed a no condom ejaculation gang rape and no sex w/anyone but her bf in the prior week was exculaptory.

Ralph Phelan said...

Whoops, mis-spoke in my repoly to #4.

"he can't admit it was a final report"
He *has* to call it a final report because that's what he called it writing in papers filed before a judge. The "interim report" stuff is Meehan trying to pin everything on Nifong.

Nifong's best bet appears to me to be to insist that he thought it really was a final report, Meehan never told him about the other 4 guys, it's all Meehans fault!

Anonymous said...

It is too late for the "Meehan is an incompetant liar" defense.

They DID NOT challenge Meehan's statements that he told Nifong about the male DNA>

They might argue that Mike was day dreaming during the meetings and 'didn't hear it' or 'didn't understand it' but they CANNOT say now that Meehan lied about saying it. They had their chance yesterday and that's not the strategy.

In hindsight, it might have been a better strategy, but Meehan likely then would have turned on him and told the whole truth that it was Nifong himself who orchestrated the report contents and it was not an interim report at all.

No way out.

Ralph Phelan said...

"If he was going to take issue with Meehan's recollection of telling Nifong about the male DNA he would have done it yesterday."

It might be more effective to do it in final summation - "Meehan lied about the "interim" thing, discount everything he said about anything". Cross examining him about it directly might have given Meehan a chance to provide evidence that he really did talk to Nifong about the other 4 males' DNA.

Anonymous said...

Honestly, I don't even think you could get away with that in a criminal trial.

Putting forth a theory in closing that you failed to put forth during questioning of the witness you are accusing?

I can't see it. If they were going to say Meehan lied about telling Nifong of the male DNA they would have done so yesterday.

They may claim Nifong--not being a DNA expert--didn't understand it, or pay attention to it--won't say it never happened.

Ralph Phelan said...

If Nifong gets on the stand and says "That story Meehan told is a total lie, he told me his report had everything," then how do things work out?

Anonymous said...

12.25 writes: "If Nifong gets on the stand and says "That story Meehan told is a total lie, he told me his report had everything," then how do things work out?"

At least three others (besides Nifong and Meehan) attended those three meetings. Himan has already testified. Others would have to if called. For Nifong to pursue and succeed in such a defense he would have to establish that all the others "lied" as well.

Anonymous said...

Why, if the defense posture, is that its a total lie, didn't they lay the groundwork?

Mr Meehan: Do you have any records memoralizing your conversation w/Nifong about the male DNA? Is there any proof beyond your word that you did tell him of the male DNA? If he didn't make any comments about it, is it possible he didn't hear you or understand you?

David M. Brooks said...

The next question will be who'll star in the movie.

Jun 14, 2007 11:38:00 AM


Mike Nifong should be available to play himself.

Anonymous said...

Nifong can assert his Fifth Amendment right against self-incrimination in any forum, including this. If the Bar doesn't call him in its case, he can avoid testifying if his lawyers don't call him. It might be a stretch, but Nifong could be charged with obstruction of justice. After this, he still faces the Judge's wrath and ruinous civil suits. And the "rogue prosecutor" tag will follow him all of his life. Wherever he goes, people will point at him and whisper.

Anonymous said...

I thought he had to testify since this is an ethics hearing and not a criminal proceeding, but that he could take the Fifth.

I believe the right of not testifying if you are the 'accused' only goes for criminal cases, if you are the defendant in a civil case you at least have to be deposed under oath, no?

Deklan Singh said...

So, at this point, my only question is .... what is the over-under on the number of packs of cigarettes that it will cost to be Nifong's roommate in the NC state prison in which he will eventually be serving time?

Anonymous said...

Still laughing about the "hard to zerox the pages" comment. I know Joe and the gang are saints, but did they turn to each other and say WTF.

Anonymous said...

ALl law students should been shown Brad Bannon's testimony-- is is an exemplar of the type of lawyer we should all strive to be or have as our representative. Bright, hard-working, articulate.

Anonymous said...

"It's so clear now that he was dirty and tried to keep this eveidence secret. It's almost sad how Nifong thought he was so much smarter than everyone else and now it comes out that he was a lying fool."

And a colossally STUPID one at that!!

Maybe after the trial the 'Fong and Mangum head off to Hollyweird to star in another remake of "Dirty Rotten Scoundrels."

Anonymous said...

Fifth Amendment right is universal. It allows you to decline answering anybody's questions. In a criminal case, no adverse inference can be drawn from invocation of Fifth Amendment. Opposite is true in civil matters. The trier of fact can draw the inference that your testimony would be adverse to you. All that is required is the possibility of criminal jeopardy. That is why O.J. Simpson, having been acquitted in his criminal case (not found innocent), couldn't take the Fifth in his subsequent civil trial. He was no longer in any criminal jeopardy. This is also how testimony can be coerced if the witness is granted immunity from criminal prosecution.

Anonymous said...

On a slightly different note, I would like to thank the good taxpayers of NC for providing the best entertainment that I have had in years.

Anonymous said...

After Bannon' testimony only Chesire could dig the whole deeper!

Are they assembling the rail, tar and feathers outside of the court house yet?

Nifong is cooked, and by his position as the DA/Chief Investigator so may the City of Durham, Durham County and the State of North Carolina. They may as well get out the checkbooks now and settle with the young men because if they try to defend themselves in a trial, they might have to issue a municpal bond to cover the compensation ordered by the court.

Anonymous said...

NCFT

North Carlonia Fried Turkey

Anonymous said...

"Wherever he goes, people will point at him and whisper."

For Nifing, most people won't bother to whisper.

By the way, don't forget the "born-again" route is wide open to him.

Anonymous said...

"I, the Jury" starring Mikey Liefong

with apologies to

Mickey Spillane

Space Puppy

Anonymous said...

I believe from the testimony so far, I am drawn to the conclusion that Nifong is a sociopath.

He will throw Meehan to the sharks without so much as a wave good-bye. I suspect Meehan doesn't realize what he is dealing with. He soon will.

Ken
Dallas

Anonymous said...

For those impugning UNC Law b/c Nifong is a grad, I'll remind you of the following:

Kirk Osborne, Joe Cheshire and Jim Cooney are all UNC Law grads.

....and Dick Nixon was a Duke law grad.

Anonymous said...

It really doesn't matter whether anyone on the panel believes Meehan's story re not being "ordered" to exclude evidence from his report. Nifong is an Officer of the Court & has an affirmative duty to cause disclosure of all relevant material. By merely agreeing to accept Meehan's partial report, he violated both NC law and the Code of Conduct.

Further,
the nature of the order that Judge Smith has yet to rule on: Criminal contempt & reimbursement by the state of the 1600 hours that Brad spent decoding the DNA evidence. That's jail for Fong.

Now if that spineless US Attorney General would do his job (which is NOT simply following Karl Rove's orders) Nifong could do some very serious time in both state and federal confinement.

Here we go!

Anonymous said...

My concern over this hearing is for KC; no one is going to believe his book is non-fiction with this plot!

Everyday I go into shock over the actions of Nifong. Maybe I'll wake up in the shower scene.

Space Puppy

Anonymous said...

12:53 I want to thank the NC tax payers also. This is better that Les Mis - I informed my pals, that between the US Open and this trial - off the communication network for a week. You could not pay for this stuff.

Anonymous said...

I cannot believe that Nifong didn't have the common decency to turn in his law license and resign.

Farhat said...

Initially it appeared that Nifong was an asshole, on a closer look it seem to be full of open sores, festering, shitty asshole.

Anonymous said...

You arote:
Why not?
"Nifong: "I am shocked! shocked! to discover that Meehan, whom I once trusted, was deliberately witholding evidence!"

Yes, it's contradicted by his going along with Meehan fighting further discovery after 12/15/06, but it's still the best he's got left."

Somehow I don't think anyone will swallow this one when Meehan said yesterday he had written over 2,000 reports and had never made one like this before. So, who asked him to make this "interim" report that didn't have all the results?

You guessed it, the man of the hour!

Anonymous said...

Anonymous 12:00

"By merely agreeing to accept Meehan's partial report"

It is my belief that Nifong will claim that Meehan never gave him the information that there were 4 unidentified persons contained in the DNA analysis.

Watch what happens.

Ken
Dallas

Anonymous said...

Could someone please advise, what planet and/or universe Nifong came from ? The man's behavior is out of this world and very bizzare!

Anonymous said...

does anyone know whether Linwood Wilson is slated to testify?

Bella said...

Loving this! I missed this a.m.'s testimony...but can't wait to see Bannon under cross. !!!

Anonymous said...

Just wait till this transcript gets to the Middle District US AG. Mikey MUST be thinking about pleading the fifth, or he is more of an idiot that we think. Why is he going to get on the stand? They must smoke some really good shit over in "the Bull City". Anyone checked the evidence room lately?
Kemp

Anonymous said...

Kemp: You really think the US Atty is interested?

Anonymous said...

I agree with you Kemp. I think the Feds and probably even the NCAG are waiting for this trial to be over. It sure seems to be making the job of discovery easier for them.

Ralph Phelan said...

"Mikey MUST be thinking about pleading the fifth, or he is more of an idiot that we think."

I vote for the latter. Has he ever surprised us by being *less* of an idiot than we thought?

Anonymous said...

Has he ever surprised us by being *less* of an idiot than we thought?

Er, no. Ralph, you just hit the nail on the head. Every time I think it's all been displayed, and there is no further craziness, dishonesty or stupidity left to astonish me, Nifong does something else. Or something else is exposed, and I am once again reading with my jaw hanging open.

I'm thinking about tying it up with a scarf or something.

Dianna

jim2 said...

For the one to play Nifong in the movie, how about the guy from the Naked Gun movies?

DJ Drummond said...

First, outstanding work, KC Johnson. Well done.

Second, I am not clear on the specific law, but it is abundantly clear that Mr. Nifong deserves to go to prison, for a long time. At least there should be a federal Civil Rights investigation, on the grounds that Nifong deliberately - that question having been answered so plainly that it's all but etched in stone - persecuted 3 young men that he knew to be innocent, and as a by the way, seriously damaging the public confidence in the justice system in North Carolina.

Anonymous said...

OK - I have a bag of marbles. There are only red and blue marble in the bag. I already know that. You already know that. I know that you know and you know that I know that. I ask for you to give me a smaller bag of RED marbles from the larger bag. Now did I ask you to exclude the blue marbles - well not exactly but the results is the same, because I knew they were there and I specifically asked you for only red ones.

mac said...

1:27
You asked which planet Nifong came
from:

Nifong came from the planet Hemo-r,
also known as "the blood planet."
Planet's motto is motto is:
"Don't push us too far or we'll
cause you great pain: we are from
the planet Hemo-r: we are
Hemorroids."

Anonymous said...

Why, oh why did Nifong want to have this hearing? Did he think all this stuff wouldn't come out? Was he thinking at all? Crystal still wanted to have her day in court too, even after Cooper told her there was nothing backing up her case. Guess they both live in the same alternate universe.

Obviously he thinks it is possible he'll win. And quite a few of the legal types I've seen commenting apparently think so too.

Its up to the legal profession to police this (it shouldn't be IMO, this should be a criminal matter). This is the Bar's test. I have my fingers crossed for them.

Bernie said...

Nifong is a walking textbook case of narcissism. Hence his belief that he is somehow above the law which he has sworn to uphold, the apparent ease with which he lies or does not tell the whole truth, the total disregard of the impact of his actions, and the belief that he is smarter than everybidy else.