Tuesday, June 12, 2007

Wade Smith Cross-exam

Freedman in the cross-examination is attempting to maintain that the Meehan report actually was complete--and that actions of people other than Nifong caused all the publicity.

Freedman also notes that the defense could have done its own DNA report, and therefore this issue was not a particular problem.

DNA evidence would have made it "almost impossible for Mr. Nifong to have tried this case the old-fashioned way."

Yes--evidence was exculpatory, "with an exclamation point." Critical to showing that Mangum was "extraordinarily active sexually" in the week before the party.

Nifong's "extraordinary calling attention about this matter"--his national TV appearances, describing how it happened, especially the chokehold demonstration.

Affirms the Bar's point that at no point did Nifong object to the language of a court order that the DNA Security report was a "final report."

19 comments:

Anonymous said...

I'm sorry, KC, I don't get that...didn't Meehan admit on the stand that the male DNA information wasn't in any of the reports given to the defense and that he left it out due to 'privacy concern's???????

Anonymous said...

Freedman is doing a better job than I expected. He is methodically taking Wade Smiths direct testimony apart. No fireworks, no yelling, no finger pointing or histrionics. Just courteous questions that put parts of Smith's direct testimony into question. I think Mr. Freedman is far more dangerous and far better prepared than was earlier thought.

Anonymous said...

Apparently it was in the data dump, but not the summary report. Which of course came later, but why be so picky?

Anonymous said...

I thought the data dump wasn't until October?

Michael said...

What's helpful is when Ms. Jean asks open-ended questions that allows Smith to speak openly.

Freedman objected the last time but he was overruled.

Anonymous said...

Can anybody give some more details about what headway freedman is allegedly making here? Find that hard to believe.

Anonymous said...

Freedman is one finger in a very leaky dike.

Anonymous said...

I'm not following this, is KC quoting Smith or Freedman in this post?

Anonymous said...

KC is quoting Smith.

Michael said...

WRAL has a no video so I have CNN up too. Much bigger picture and it just showed Nifong sipping a cup of water. Back on line now.

Michael said...

There was someone that presented a physical threat in the courthouse?

Michael said...

Himan is on the stand now.

Anonymous said...

Michael--
It was one of the New Black Panthers, I think, who threatened Reade Seligmann during the preliminary hearing. I remember someone shouted "Dead man walking" outside; don't remember now what exactly was said in the courtroom.

Re Freedman--
He's apparently a good lawyer, and just because Nifong doesn't have much of a case (if any) doesn't mean Freedman won't do a good job of presenting what he has and undercutting whatever he can of the Bar's case. I would assume he'd realize that histrionics and grandstanding wouldn't be effective at a hearing before a bar panel instead of a jury.

Legal Eagle said...

Not to discourage the faithful, but to my knowledge, North Carolina has never disbarred a prosecutor. Which stands in stark contrast to the frequent disbarment of private attorneys.

Anonymous said...

There's a first time for everything.

What better choice for a first-time-to-be-disbarred in NC prosecutor than Nifong, a man who made multiple inflammatory and prejudicial comments to the press (about innocent people), knowingly conspired with the head of a DNA lab to withhold exculpatory evidence(that showed the complaining witness to be a liar, and exonerated three innocent defendants), and repeatedly lied to both judges, defense counsel, and the State Bar?

Nifong is really the perfect villain. He can't even pretend (credibly) that he was perpetuating this frame-up because he believed Mangum; he was doing it solely to further his own political ambitions. If the Bar won't disbar someone like Nifong, they won't disbar anybody.

Anonymous said...

michael-
Oops, ignore my 3 pm post. I didn't realize there was an incident of witness threatening today.

Mandelbrot's Chaos said...

The 'Fong is getting totally pwned.

Anonymous said...

Thank Gd for the chokehold.

Anonymous said...

Outside someone shouted something like "you'll get yours rapist." Inside the courtroom, the NBBP joker said "Dead man walking."