Joseph Neff has an excellent summary of the motion here. Neff's article makes it clear that DNA Security, the private lab that did the testing, violated its own policies by failing to turn over all material to the defense. Instead, it removed all mention of matches with multiple other (unidentified) males from its report.
"This is strong evidence of innocence in a case in which the accuser denied engaging in any sexual activity in the days before the alleged assault, told police she last had consensual sexual intercourse a week before the assault, and claimed that her attackers did not use condoms and ejaculated," said the motion.
The DNA Security document appears to be the medical equivalent of the Gottlieb report, a transparently fraudulent and procedurally suspect document designed to paper over the chasms in the state's case. Himan's notes needed to be undermined: enter Gottlieb. The SBI's findings of no DNA matches needed to be undermined: enter DNA Security.
In recent months, Mike Nifong has frequently complained about how busy he is managing the district attorney's office. He has used this argument to rationalize his snail-like pace of turning discovery material over to the defense and his refusing to respond to any of the defense motions.
Yet this remarkably busy man made the time, twice, to personally travel from Durham to Burlington, a 90-minute round trip. The purpose: to discuss the contents of the DNA testing with DNA Security director Brian Meehan. The defense motion today suggests that Meehan is either grossly incompetent, in that he failed to include large amounts of material in the report he produced for Nifong; or, far more likely, malevolent, in that he deliberately manipulated evidence, withholding obviously exculpatory material.
Did Nifong make these personal trips to Burlington to he could strategize with Meehan on how Meehan could produce a report that withheld this evidence? And, in September, why did Nifong resist so strenuously the turning over of all the DNA files to the defense if he had nothing to hide?
These issues, it seems to me, are ones that federal investigators could legitimately explore at this point in time.