Friday, August 31, 2007

Avoiding the Issue

Nifong attorney Jim Glover might be seeking to seize from Dr. Brian Meehan the title of “Mr. Obfuscation.” In an entire day of questioning and arguments yesterday, Glover never once specifically referenced Nifong’s remarks in the September 22 court session, for which he’s on trial.

Those remarks, once again:

Judge Smith: So his report [Meehan’s May 12 report] encompasses it all?

Mr. Nifong: His report encompasses ever -- because we didn’t -- they apparently think that everybody I speak to about, I talk about the facts of the case. And that’s just, that would be counterproductive. It did not happen here.

Judge Smith: So you represent there are no other statements from Dr. Meehan?

Mr. Nifong: No other statements. No other statements made to me.

Mr. Bannon: Just so I’m clear, Mr. Nifong is representing that the facts of the case weren’t discussed in those meetings.

Mr. Nifong: That is correct. The facts of the case, other than the fact that we were seeking a, the male fraction DNA.

Yesterday, Ben Himan testified that Meehan told Nifong and him—on April 21—that there was DNA in the evidence items from at least four unidentified males. In his meandering testimony, Meehan recalled that he and Nifong agreed—after a discussion—to produce a report that respected so-called “privacy” concerns.

Both of those items would surely constitute “other statements from Dr. Meehan” made to Nifong. No wonder Glover doesn't want to talk about them.

58 comments:

Anonymous said...

I am not certain I understand what about Nifong's conduct is not obstruction of justice.

Anonymous said...

Just my opinion, but I think that if Nifong had avoided trial and negotiated a plea, he could have likely avoided jail time. He clearly has no credible defense. After the prosecutor's case, I don't think it would be possible for Judge Smith to avoid the max sentence.

Anonymous said...

No, it's important that Nifong have a trial, so he can "prove his innocence." :-) :-) :-)

Anonymous said...

Off Topic: I had pre-ordered the book and Amazon has the delivery time as after 9/17/2007. Has anyone tried to reserve a copy of Barnes & Noble or Borders for the 4th? If so, let us know; I would like to cancel my Amazon order and just reserve a copy instead.

Thanks!

Anonymous said...

K.C.: Please tell me your sense of the "on-the-ground" atmospherics in the courtroom is that the judge won't buy Nifong's literally incoherent dissembling.

mb said...

I said this before at Nifong's bar hearing, but I'll say it again: Put a fork in him, he's done.

madder than a hornet said...

expect fong tears today......just a prediction. They will fail to thaw my stone cold heart to that evil man

Debrah said...

The hearing hasn't started yet?

Perhaps 9:30AM?

Anonymous said...

I think I figured out Glover's strategy. When he puts Nifong on the stand, he'll testify that, yes, he lied, but that it was entirely consensual.

Debrah said...

Mikey is like many out there among us. We come in contact with them everyday.

Like the Gritty Gang of 88.

Because they are relatively nondescript and do not hold a great degree of power, we never pay close attention.

In this case we saw them tested....as did the entire country.

Yes, there is evil. No question.

But most of it is covered well until, by some horrific set of circumstances as in this perfect storm, these people have to make an important decision.

Only then are they revealed.

Their insularity and petty tendencies then surface and those tendencies inform their performance.

Prior to this case, Mikey was just a small-time petty player.

Now that those tendencies have been transposed to a much higher level, they can be defined as....

evil.

inman said...

GLOVER: "Two pages before the last page..."

MEEHAN: "That'd be page 5?" (with a big smile, like he had just gotten a jeopardy question right)

LOL

inman said...

Meehan just asked for another glass of water. Hmmmmm....

I think I've got it figured out, ... when Meehan doesn't know the answer, he asks for a glass of water ... Glover gives him the glass with the answer written on the bottom of the glass.

Ralph Phelan said...

"Yes, there is evil. No question.

But most of it is covered well until, by some horrific set of circumstances as in this perfect storm, these people have to make an important decision.

Only then are they revealed."

The evil was always visible in their small decisions. Some institutions take note and action while the bad decisions are still small. Some do not.

Anonymous said...

To me, the whole fingernail thing is a clear marker for an attempted frame:

1) in collecting the evidence from the house, players were asked to retrieve items -- increasing the odds of contanmination

2) when obtaining a solution to use in the DNA testing, there was no attempt to look specifically at the tips of the fingernails, where any cells transferred in a scratch or scrape would have been found -- instead there was an attempt to maximally mix things up by soaking the entire nails

3) Nofing whent out of his way to get the most sensitive testing available -- testing so sensitive it would have picked up DNA from even a single cell, something that he has stated might have been there from sitting in a police car -- thing about where else CGM sat that night and the fact that a common component of house dust is dead skin cells

I hope the fact that the defense is making such an issue of this is turned on them...

scott said...

Nifong, through Glover, is claiming that he did not lie on 9/22. He was just ignorant of the facts because he never read Meehan's report. Well then, I stipulate that anyone who is so stupid that he can have 3 meetings within 2 weeks with the same people about the same topic (DNA) and still come away without an understanding that Meehan's report did not "encompass it all" should be locked up for impersonating a District Attorney.

How proud the law school at UNC-CH must be to have Nifong as one of its graduates. Think they'll put his mug on the cover of their next catalog?

Anonymous said...

"respected so-called “privacy” concerns"

Privacy for whom? Crystal Gail Mangum? There are no names attached to DNA. For crying out loud. There would be no need for any privacy issue if she wasn't a sex-worker.

These people are getting away with crime and laughing in the face of justice.

"Evidence?...vee dont need to stinking evidence!!!"

Suchy a repressive society we have.

no justice, no peace said...

9:36 Debrah: And of course if there is evil, there must be goodness.

Debrah said...

TO 10:01AM--

Where?

LOL!!!

Anonymous said...

Is Meehan going to be cross-examined? In this case I am certain Brad will grill him well done.

no justice, no peace said...

Sex-worker?

She is a lying whore is she not?

It's not clear that she collected any money from the other donors is it?

Nicole said...

Who else is going to testify today?

no justice, no peace said...

10:05 LOL point well take...

The only place that immediately comes to mind would be a Fletcher's Corn Dog stand at the Texas State Fair on the 2nd Saturday of October preceeding the Texas vs. O.U. game.

One must be holding a tepid, stale beer to perfect the goodness.

Nicole said...

Just observe Meehan's body language.. I hope he used a lot of antiperspirant this morning.

Anonymous said...

There's the $64,000 question. Meehan looks like he'll let Nifong off the hook.

RRH

Anonymous said...

Meehan is imploding!!

He is so to have this over that he's rushing to finish Davis's questions.

The judge just told him t STFU and wait for the questions.

Anonymous said...

Now the prosecutor is flummoxed. This is a good witness for Nifong. RRH.

Anonymous said...

I hope that KC isn't caught in the spray when Meehan finally pops...

What a bozo.

Anonymous said...

It is all obfuscation. It is fairly clear that the May 12 report left info out, and this was agreed upon, hence, Mr. Nifong knew things were left out, hence he lied on Sept. 22.

Remember, this is not a jury making a decision, but a judge, who can see through the bs...

Anonymous said...

J@sus Chr!st!!!

Does this silly b@stard (Meehan) have the capacity to give one succinct answer?

Anonymous said...

Now Meehan has put Himan between him and Nifong. That is, he says, "I told Himan and then I guess Himan told Nifong and then Nifong said I didn't need to make a new or supplemental report." So it seems like Nifong can plausibly say that he didn't hear any "statements from Meehan" (because he heard them instead from Himan) tht he didn't pass along to the defense.

Judge Smith: So you represent there are no other statements from Dr. Meehan?

Mr. Nifong: No other statements. No other statements made to me.

Because they were made to Himan.

RRH

Debrah said...

TO 10:11AM--

GIS!

And this Meehan urchin is driving me CRAZY!!!!!

Anonymous said...

Anonymous said...
It is all obfuscation. It is fairly clear that the May 12 report left info out, and this was agreed upon, hence, Mr. Nifong knew things were left out, hence he lied on Sept. 22.

Remember, this is not a jury making a decision, but a judge, who can see through the bs...

8/31/07 10:29 AM


Good point. The judge can say "close enough for me!" and find Nifong in contempt. I wouldn't be surprised if that's what happens.

RRH.

Anonymous said...

thanks to all for impressions and updates

Anonymous said...

Marcia Morey. Oh boy. She gives me ALOT of confidence in the Durham justice system.

Anonymous said...

RRH,
I agree, the defense is doing a good job of trying to show that Mr. Nifong could have reasonably thought all the information was contained in the May 12 report.
To me, the question is, did the May 12 report leave information out ? Did Mr. Nifong know it was left out? And did he then purposely mislead the court as to that fact?
Seems to me, that if I am a DA (i.e an EXPERT in legal prosecution issues), knows male DNA from men outside the NTO existed, that he would have to know it is overwhelmlingly exculpatory, hence, not disclosing this in a clear and concise fashion is misleading the court...

BDay

jamil hussein said...

Since Gonzales is stepping down as AG, is there any possibility for the federal civil rights indictment?

I would hate to see Nifong escape with 30 day jail sentence in a minimum security prison. He should spent 30 years in jail.

Debrah said...

Marcia Morey.

What a hapless stooge!

inman said...

Looks like there might be an 8th defense.

I thought I gave my staff instructions to provide the info and therefore I thought they had, in fact, turned it over.

The "Mis-communication" defense.

The instructions to turn over evidence got lost somewhere between Nifong's lips and the staff's ears. This is also known as the "Ether" or "Dark Matter" defense. It's there somewhere, but noone can see it.

Anonymous said...

BDay,

This case is raising some interesting questions: Is a DA obligated to tell his witness to look for exculpatory evidence? Or evidence that could be used to impeach the testimony of the alleged victim? In this kind of DNA situation, could a DA tell his expert, "Provide me with a report that tells me only about the defendants. If you find other DNA evidence, I'm not interested."? An interesting question ... Is a DA bound to actively look for evidence that would help the defense, or is the DA only bound to turn over evidence that he happens to find? RRH

Ah, well my question may be answered here in a minute ... well, no not yet... lol

Debrah said...

Another tap dancing, obfuscating drone...from the Bill Clinton school of ...what the meaning of is....is.

Morey is SO typical.

Gary Packwood said...

Meehan is using these hearings as a marketing effort for two of his product lines. First, is the home DNA kit and second, his DNA service to police departments across the country.

He wants his picture (include motion pictures) taken on the witness stand for marketing purposes.

All of this final vs. preliminary report verbiage is to 'position' his DNA service to police departments across the country.

When I saw his shirt yesterday with the corporate Logo, I just about lost it.

The feds should jump on this case if for no other reason, to determine if he is attempting to profit from the administration of justice.
::
GP

Anonymous said...

Marcia Morey,

Well she did not want to be there. And her testimony backed fired on Nifong.

Debrah said...

David Saacks looks like a refugee from a rodent farm.

scott huminski said...

Nifong is an angel compared to the felony conduct of the prosecutor described in the below Court brief.
-- scott huminski


http://prosecutorialmisconduct.blogspot.com/2007_07_01_archive.html

inman said...

How is Saack's testimony relevant to September 22th?

__________________________________

GP,

I think you're right. He's giving his marketing pitch.

DA talking to Meehan: "Dr. Meehan, is it possible for you to prepare a couple of different draft, preparatory and preliminary reports. We can then narrow it down to one of those draft, preparatory and preliminary reports.

We can then make corrections or revisions and issue a final preparatory and preliminary report which will be the basis for a subsequently issued draft preliminary report, if necessary.

Nicole said...

Sacks is now on Courttv - channel 27 in CT

Anonymous said...

When you can't argue the facts,argue the law.And vice versa.But if you have neither,it's big trouble for your client.
As to the obstruction charge;For quite a while I felt Mr. Nifong didn't know what was /had happened in the "incident".Cerrtainly KC has exploded that myth.He made a deliberate decision to prosecute people he knew had done nothing to advaance his interests.
Certainly a somehat higher ring of Hell is reserved for the Idiots of 88.They had no actual legal power ,but they closed their minds to blatant lies,mau-maued through the media and chose group politics/tribalism over the truth.
Sad to think this occurs at a first rate school.
Corwin

Anonymous said...

9:41 AM IMAN

There you go again with your puerile projections of your own behavior . . . you do watch Jeopardy do you . . . smugeness beyond measure . . . but no awareness . . . idiot.

Anonymous said...

Mike's witnesses are hurting him.

Nicole said...

Watch the comments on CourtTv while the Hearing takes a break

inman said...

The second anonymous 11:35 appears to be a stalker.

For the record, those were (almost) direct quotes from the court proceeding and the parenthetical statement was my observation of Meehan's behavior. You can agree or disagree.

But is there something you'd like to ask me?

Are you still upset about last night? If so, please accept my apology ...

Oh...and what is "smugeness"?

Anonymous said...

"scott huminski said...
Nifong is an angel compared to the felony conduct of the prosecutor described in the below Court brief.

[link redacted]

-- scott huminski
11:23 AM"

Since you're the appellant in that brief, it's less impressive than if an uninvolved party made that judgment.

Anonymous said...

After all these months, Nifong still refers to CGM as the victim! Unbelievable!

Anonymous said...

Nifong is a normal example of Law Enforcement here in
These States. Law Enforcement, consisting of Police, Prosecutors, Judges and that significant portion of the Defense Bar which treacherously delivers their clients to the system, functions exactly as the American People desire, complaints from individual targets to the contrary notwithstanding. The Law and Order political movement, initiated and sustained by Nixon, Reno, Giuliani, Clinton and other such gentry seems to go entirely unreferenced here in this rightish place.

rrhamilton said...

The New Metanarrative says ...

Nifong is a normal example of Law Enforcement here in
These States. Law Enforcement, consisting of Police, Prosecutors, Judges and that significant portion of the Defense Bar which treacherously delivers their clients to the system, functions exactly as the American People desire, complaints from individual targets to the contrary notwithstanding. The Law and Order political movement, initiated and sustained by Nixon, Reno, Giuliani, Clinton and other such gentry seems to go entirely unreferenced here in this rightish place.

8/31/07 12:43 PM



The man we need now is Steven Horwitz, who will explain how one can't take one (or 88!) example and extrapolate it to indict an entire profession -- especially when the profession itself harshly disciplines the one (... um, tho the 88's profession rewarded them with promotions and positions...). How does it work again, Prof. Horwitz?

Anonymous said...

[/sarcasm]

forgot to close that for the post above.

RRH

Anonymous said...

rrhamilton said

"take one example and extrapolate"

That's right. There's only ever been this one example of Law Enforcement sadism.

Perhaps Dr Anderson would like to reply to that one.

Anonymous said...

Anonymous said...
rrhamilton said

"take one example and extrapolate"

That's right. There's only ever been this one example of Law Enforcement sadism.

Perhaps Dr Anderson would like to reply to that one.

8/31/07 1:45 PM


I think someone else forgot his [/sarcasm] tags. Anyway, the comment to which I directed my comment did not reference anyone other than Nifong: "Nifong is a normal example of Law Enforcement here in These States.".

Is "Dr. Anderson" Prof. Anderson? I'm always interested in Prof. Anderson's comments.

RRH