Friday, June 15, 2007

Nifong: Afternoon Session

Nifong has opened by repeating his claim that he has always followed open-file discovery.

[Yet yesterday's prosecutor, Marsha Goodenow, pointed out that Nifong's approach in this case constantly violated open discovery files.]

Had no conversation with any officer in the case about how they would present items to the grand jury; he always been the person in his office that people would come to with questions about discovery.

Nifong is currently mispronouncing Reade Seligmann's name.

Nifong just opened a sentence with the following clause, "When I was the district attorney . . ."

The DA is now going to great length in describing the copying process, as if this is something difficult or unusual.

Concedes that he hadn't provided the defendants with the DNA Meehan tests--but believed that he had complied with the request. Didn't realize this was a problem until Dec. 13th.

Hadn't been told that he would be receiving a DNA motion: "My first reaction was a variation of 'oh crap.'" Went back and read over DNA Security report, and information clearly was not there in a "direct fashion."

[Nifong has given a variety of different explanations for this item, but this explanation is a new permutation.]

Says that discovery requests increasingly handled by Linwood Wilson.

June hearing: was confident he had turned over to the defendants a "complete report" from Dr. Meehan. But didn't go back and review earlier discovery data, once he had initially turned over the material to Nifong.

Didn't have specific date to produce underlying data.

Didn't provide memorialization of meetings with Meehan--mention of non-matching male DNA "was not even on my mind."

AG's office basically said he didn't have to turn over such material (memorializing statements). "It wasn't my usual practice, to take extensive notes."

Williamson: Was it your impression that AG's office was saying that facts provided to a prosecutor related to a caItalicse could be considered work product, and therefore didn't have to be turned over?
Nifong: No. [But then gives answer that more or less seems to say "yes."]

"Because I was not taking notes, . . . I didn't have it in a position where I could find it later and remember, 'My goodness, I didn't give this.'"

Williamson gets Nifong to admit that he, in fact, wasn't relying on AG's position to not report exculpatory facts conveyed to him by Dr. Meehan.

Williamson: What, in discussion with expert, do you consider to be protected by work product, when the expert is simply providing facts of his tests/findings?

Nifong is becoming a little more flustered in his responses to Williamson.

Williamson: Were you specifically aware of statute that, on its face, requires you to take such notes? (NTO statute)
Nifong: His understanding that he didn't have to do so as a prosecutor.

Williamson: Was it your practice not to take notes, so it wouldn't be discovered?
Nifong: No, sir.
Williamson: Why didn't you take notes?
Nifong: Usually, I only took notes if there was something I needed to remember--assumed that contents of conversation would be in the report. [This is a new excuse.]

As Nifong goes into mind-numbing details about his discovery practices, one of his character witnesses, Judge Anthony Brannon, has fallen asleep.

77 comments:

Anonymous said...

Nifong should be certified!!!!!!!!!!!

Liar and believes his own self, Legend in his own mind!

Anonymous said...

first setting...second setting....third setting.

Who's on first?

Anonymous said...

never seen anybody pull their glasses off to read. He is one extraordinary human!

Anonymous said...

"Some pages were single-sided and some were double-sided."

Miraculously, all of the exculpatory evidence always appeared on the unphotocopied double side that his staff failed to copy.

Anonymous said...

Will he get away with all his lies. Will Lane Williamson TOAST him ???

Anonymous said...

People that are nearsighted from early age as they grow older can actually see better up close without their glasses. I can read better without glasses on.

Anonymous said...

TO 1:59PM--

Mikey is more than likely nearsighted with a case of astigmatism.

Debrah

Anonymous said...

Sorry, I pull my glasses off to read as do all near-sighted people.
No one with distance glasses can read with them on.

Anonymous said...

Unlike Nifong, Williamson has a good grasp of reality. Of course he'll toast the 'Fong.

jamil hussein said...

i see a book and movie deals in horizon.

Book titles:
"Mike Nifong - My Life".

"Audacity of Conviction" by Mike Nifong

I'm sure Hollywood can create a left-leaning story line for the movie, starring Angelina Jolie, Susan Sarandon, Matt Damon. In the movie, Nifong is a corrupt republican, appointed by a corrupt republican conservative. The blog resembles dailykos in the movie. Klu Klux Klan is the hate group harassing black athlete accused of raping a white girl. Black Panters leader (Denzel Washington) insist on innocense until proven guilty. In the end, defense attorney (Leonardo DiCaprio) proves global warming.

Anonymous said...

Is anyone falling for this Xerox machine crap? He either knew the case facts or he didn't. He did, he lied. I hope the panel is about to vomit on him.

Anonymous said...

Is it just me or is Nifong's nose getting longer?

Anonymous said...

I think KC left off Nifong Explanation #17:

The copy machine ate my discovery.

Anonymous said...

"I said a variant of 'Oh, crap.'"

heh

Anonymous said...

He never read the document, that he sent to the defence. So therefore, he is totally innocent.

Phew, glad that misunderstanding finally over.

I think we all owe nifong an apology.

Anonymous said...

the live feed now..is this direct or cross?

Anonymous said...

Off topic... I know.

But I just watched Mike Pressler on CourtTV. He was great, and closed his statements with a stong call to Duke University to admit it made a mistake... and apologize.

Anonymous said...

Still direct.

Anonymous said...

I always take off my glasses to read.

Anonymous said...

Pretty telling when one can't tell the difference between direct and cross!

Anonymous said...

Why do I think of Captain Queeg?

Anonymous said...

This is a complete waste of time! When will they end this pain? They are wasting everyone's time

Anonymous said...

I've never heard so much pissing and moaning about making copies. And he had to number pages too!!!!!

Anonymous said...

ditto here about the glasses being taken off to read...but clearly Mikey wore his when he was reading reports!! That's why he didn't know any of this--perhaps he'll use that as yet another excuse!

duke2009mom

Anonymous said...

Hey, my best friend died using a copier.

Anonymous said...

Oy my god, Linwood Wilson a non lawyer, non police officer was handling discovery?

Did I misunderstand that? It cannot be true.

Hold on, I need to go find my teenage neighbor and get her to do some tax work.

WTF???

Anonymous said...

2 12
Good point. I turned this on and thought he is undergoing cross. Remember the first law of holes.

Anonymous said...

2:09:00 pm: thanks...thought it was direct, but it comes across as cross sometimes given nifong's answers!

Anonymous said...

Not on his mind!!?? This lying scumbag deserves the worse.

Anonymous said...

Did he just admit to coaching a witness? I do believe he did.

Anonymous said...

Let me preface this by saying that I find Nifong repulsive and that I believe that behavior has been criminal. His words and actions are his alone.

But let us review the words of his former campaign manager Jackie Brown. When she met with Nifong about his election bid, she highlighted the fact that his wife showed up with him and that the wife (Cy Gurney) did all the talking.

It was made clear that Nifong was not, and would not be, interested in further political ambitions. They were only looking at one last DA tour to wind up his career.

As pedestrian as it sounds, I firmly believe the truth is just a numbers crunch with Cy Gurney being the major cruncher.

From what Brown relayed, Nifong's wife was the pants-wearer during the meeting.

Nifong and his wife had one major goal: To make sure that they got their retirement plans in order with the right numbers for some comfort in their golden years.

Their actions were directed toward Mikey retiring with a DA's pension. This whole hoax was allowed to snowball toward those self-serving, pedestrian ends.

Lastly, I firmly believe that his wife is much more of a player than is apparent on the surface with her anemic, reticent, and mendacious smile.

He must be disbarred. Nothing less.

Debrah

Anonymous said...

Apparently Lisa Bloom on court tv is bashing the lax players...same ol' rascist slurs / broomstick freakout....

Anonymous said...

Copying problem?

Now, I don't deny, given what I have seen that most of the Durham District Attorney's office is in fact NOT QUALIFIED to run a copy machine, but it beggars belief that this is his excuse.

Copying material for the defense team occurs in every single case that exists in this country.

PLus, I believe the defense offered repeatedly to take over the onerous copying task.

Captain Queeg indeed.

Anonymous said...

So Nifongs not even thinking baout keeping his license. He's just trying to keep his ass out fo jail.

Anonymous said...

So Nifongs not even thinking baout keeping his license. He's just trying to keep his ass out fo jail.

Ralph Phelan said...

"Didn't have specific date to produce underlying data."

An since nobody defined "timely" for me, how was I supposed to know a year was too long?

Anonymous said...

I knew Williamson would kill with his questions.

Anonymous said...

williamson is not buying it.

Anonymous said...

He needs the final ruling to include the infamous line from Eastwood's "Hang 'em high": When you hang a man, you better look at his face!

He tried to string up three innocent young men, and all the lying and insistance that he did right isn't holding water.

Anonymous said...

as long as I don't write it down, AG says no duty to disclose. Huh?

Anonymous said...

So, DNA from TEN UNIDENTIFIED MEN was so inconsequential that he didn't even remember it or write it down?

Anonymous said...

His "absolutely not" answer did not sound very convincing.

Anonymous said...

Williamson is going to continue to kill Fong w/ every question he asks.

Anonymous said...

Brad Bannon offered to do the copying for all three defense teams! He was, of course, refused.

Jaeger said...

the "work product" defense just got blasted out of the water.

Anonymous said...

They aren't going to need to bother with a cross after Williamson is finished with him.

How did this man ever think he could get away with these 'defenses'????

Anonymous said...

WOW.
Notes, notes, notes.

Anonymous said...

As much water as this guy drinks, it's amazing his bladder doesn't burst!

Anonymous said...

I am confused - is this direct or cross?

Anonymous said...

Drinking water is an old, not so unknown, trick for those who are nervous and trying to buy time to think.

Anonymous said...

Looks like Mikey HAS provided for his retirement years, and at Taxpayer Expense. Hope he looks good in Black & White Stripes.

Anonymous said...

I didn't take notes so its not discoverable.

I didn't consider oral reports discoverable.

I somehow assumed that the 'non discoverable' information I was given in the 'non discoverable' oral report would be memorialized in the 'interim report' that I explicitly requested contain only matches, and due to my busy schedule, I never realized the 'non exculpatory' but discoverable content of my conversations which I didn't take notes on weren't in the report and this information was of so little concern to me that I even forgot I had ever been told about it.

Well, alright then, case dismissed.

Anonymous said...

All the assholes involved - nifong & cops took notes. they destroyed them. Under pressure someone will admit at some point.

Have u ever known a cop or bureaucrat who does not take notes.

Anonymous said...

I think that nifong thinks that if he makes his answers to every question long enough, we will all forget the question, therefore he is telling the truth.

Anonymous said...

I think you are wrong there, Nifong didnt' take notes so they couldn't be discovered. Cops and DAs purposely don't take a lot of notes so defense attorney's cant' get access to them.

He did not take notes because he did not want any written record of the male DNA to exist.

Of course he's lying through his teeth when he says he forgot about, and he thought it would have been/was in the report and everything else he's said about it.

Anonymous said...

2 31
You may be right that at a certain point in the case he stopped taking notes. But early on there would have been no reason not to and it is required.

Anonymous said...

Gee I never take notes because I remember everything! He didn't take notes because he didn't want to leave a paper trail of his egregious misconduct--duh!!

duke2009mom

Anonymous said...

I sure hope the state asks why the black player was not included in the photo id which was for purpose of obtaining witnesses, not suspects.

Anonymous said...

I am drawn to the word 'assclown' when thinking of Mike Nifong today, can't say why.

Anonymous said...

They should ask if he ever took notes in previous matters.

Anonymous said...

Direct or cross? I can't tell.

Anonymous said...

Still direct, but sounds like cross as I think Nifong's own attorney is getting frustrated with him.

Anonymous said...

The panel has already heard enough, he has done nothing to mitigate his guilt with this testimony, only dug himself in deeper by insulting the intelligence of the panel with his illogical, circular rationalizations for his behavior.

If anything, he is in WORSE shape now than before he took the stand, because he has no decent answer to the logical, common sense questions he's being asked.

They would have done better to rest the case w/out calling him.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

I don't think he was afraid of violence, thats another one of his lies and rationalizations, and really, so what? We don't indict people in this country, at least we didn't used to, in order to pacify the lynch mob.

I believe the panel is going to issue a major condemnation of Nifong, I don't think they will disbar him, my prediction is loss of license for 5 years and recommendation that he be investigation for potential criminal violations.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

I'll bet a hundred thousand that he will be disbarred.

Dan Weber said...

As Nifong goes into mind-numbing details about his discovery practices, one of his character witnesses, Judge Anthony Brannon, has fallen asleep.

Too awesome for words!

Anonymous said...

So Nifong arranged for Meehan to be at the 12/15 hearing, but never notified defense regarding his appearance. Is that right?

miramar said...

I started to count and it turns out that Nifong is blinking over 40 times a minute. Are you nervous, Mike?

The tone of his voice has also changed from one year ago.

Anonymous said...

The way Nifong is talking, you'd think that he automatically gets to stop once he reaches 10,000 words. Lots of talk, little substance.

Anonymous said...

But the question is--does he have long fingernails?

Anonymous said...

A woman would have to have one foot in the grave to go to bed with someone like Nifong.

Anonymous said...

"It's kind of hard to explain what I mean..."

That pretty much sums up Nifong's entire testimony.

Anonymous said...

WHAt in the world is he saying. OH MY GOSH! His ansers are soo round a bout.

Anonymous said...

Why isn't Mother of Chilluns testifying? Mangum would make a great witness.

Anonymous said...

You mean Victoria Peterson and City Council member Diane (will support dishonest, corrupt, rogue DAs for food) Catotti are not character witnesses for the Knifong? Awwww. lol