The repeated refrain from DNA Security head Brian Meehan: “we agreed.” Over and over again, the embattled witness admitted that he and Nifong coordinated an effort to avoid turning over exculpatory information to the defense. In layman’s terms, this would seem to constitute an admission of conspiracy.
A reminder of a couple of the relevant statutes:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
As the Justice Department’s manual for U.S. attorneys states, acts that “make wrongful use of a governmental instrumentality”—i.e., a prosecutor’s power, misused for the purpose of winning an election—can be constructed as seeking to “defraud the United States under 18 U.S.C. § 371.”
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If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.
“We [Nifong and Meehan] were in agreement that the alternative would have been to produce names and profiles of everybody in the case.”
The lab didn’t report a rectal swab containing the DNA of other males because the DNA was “not probative evidence.”
“This report was a specific report on request from Mr. Nifong reference reports that matched evidence items.”
The summary: Nifong knew there were male DNA other than that of the lacrosse players before indicting, and acted anyway--and, in technical terms, he entered into a conspiracy with Meehan to prevent this information from coming to light.
5 comments:
good summary, but a missing preceeding sentence would be:
The victim reported being raped by 3 LAX players who ejactulated in her, however, Nifong knew there were male DNA other than that of the lacrosse players (whose DNA was not found) before indicting, and acted anyway--and, in technical terms, he entered into a conspiracy with Meehan to prevent this information from coming to light.
18 USC § 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
OK ...When can we expect to see Nifong and Meehan in irons and a trial to answer for the crime of setting up these boys for his own political end ????
Nifong and Meehan conspired to withold evidence so Nifong could become the elected DA of Durham....a CRIME???
WHERE ARE THE FEDERAL INVESTIGATORS?????
Can citizens compel Attorney General Gonzales to perform his duties? Why is the Justice Department sitting on its hands? What is Sen. Dole doing about this travesty?
Perhaps Jones was a Prophet, or as I noted on a previous blog with the following comment, perhaps he was tipped that now was a good time to push for a DOJ investigation. Either way, I am pleased that the Feds were alerted before all this action began these past few days. No way they can stay out of Durham now...
Previous post:
I wonder if the avalanche of events these past few days are not more connected than we think. Perhaps Walter Jones was quietly told that the defense would have good things coming out late this week, prompting him to be the first major politician to publicly press the DOJ to intervene. With the Jones letter to DOJ, the judge in the case has to consider the possibility of a looming federal probe checking out his decisions. This seems likely to lean the judge towards releasing more information on the accuser, reprimanding Nifong on the DNA tests that were withheld, and, if it comes up, looking real hard at tossing the lineup. If the lineup gets tossed, the case almost certainly gets dismissed, as Nifong would have nothing admissable that would identify which of the partygoers were the alleged assailants.
Whether coordinated or not, I like the cascade these past few days. Here's to the chance that these families can have a Merry Christmas by having the case dismissed tomorrow!
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