Key items from morning hearing:
I was surprised that Nifong attorney Dudley Witt didn’t go harder after him. In effect, Witt allowed everything from yesterday’s bombshells to remain unchallenged.
The ostensible goal: to show that Nifong could have believed a crime occurred at the time he began his preprimary publicity barrage.
The apparent real goal: to drag the lacrosse players through the mud one last time. It was almost as if the cross-examination represented a concession of defeat by Nifong: he couldn’t impeach Himan, so he’d lash out as much as possible.
Meehan is not, to put it mildly, the most exciting or articulate witness.
But the Brocker examination exposed, to a much greater extent than we had realized to date, how much Nifong knew about the multiple unidentified males’ DNA before Nifong pursued indictments.
The incomplete report is still to be examined, but this was a very damaging examination for Nifong.
The Bar elected not to charge Nifong with violating the CPR rule prohibiting pursuing cases without probable cause. But, for all practical purposes, this is the key issue in the Nifong trial.This sandwich order summarizes the theme of the trial, to date.