Comments and analysis about the Duke/Nifong case (2006-2014).
Under questioning from Brad Bannon, Brian Meehan was asked about the standards for reports at DNA Security. Item #4 states, "Reports shall include results for each DNA test.”
At one point, an obviously exasperated Brad Bannon queried Meehan as to whether the DNA Security official understood the definition of exculpatory. It was clear, based on his response, that Meehan didn't have a clear understanding of the concept.
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62 comments:
I have to say, I'm stunned, but gratified, that the defense was able to put Meehan on the stand today. I really didn't expect Judge Smith to deal with yesterday's motion today.
Also - Smith ordered a paternity suit after the baby is born? Wonderful - hope the order included that the H-S & N&O have to put the results in bold large above the fold!
It's great that the judge ordered a paternity test, but why bother with it? Nifong has already conceded that the kid doesn't belong to the Duke three, and happened well after the hoax.
KC,
Enjoy the color commentary, but how about an outline of the basics: What rulings did the judge make today, what scheduling decisions were made, etc.
Does Meehan at all affect the case? He is so untrustworthy, that he is a wash. Let's say the case goes to trial. Nifong has no DNA evidence, but argues around it. He doesn't call Meehan because he doesn't have any evidence to help his case. Then the defense calls Meehan, where he reports he found 4 other DNA , suggesting exculpatory evidence. Tehn Nifong cross examines him like the defense did today, showing that his lab is a crock and his standards a joke, thus neutralizing the exculpatory evidence he has (indeed, I myself, after reading this, wonder whether or not we can trust the DNA results)
DNASI has never handled a criminal case before...
If Nifong tears down the DNA testing of DNASI, they still have the State lab DNA testing to rely on.
Not to mention, think about it this way: If Nifong destroys the credibility of the DNA evidence, he's left only with what he has anyway, which is the AV's testimony.
3:54...
I don't think it matters what Nifong thinks of the lab...if the reports show exculpatory evidence it has to be noted/turned over. If Nifong doesn't trust the lab, he can find one or two more to get the results. But I don't believe Nifong;s opinion of the lab can allow him to violate the law.
Unbelievable, Nifong got caught conspiring with the DNA Lab to hide exculpatory evidence, he got caught outright lying to the judge today by saying he only just found out about the DNA results when Meehan said they met several times, he got caught hiding the fact that he even met with Meehan several times and any notes on thos meetings....and the judge still didn't dismiss. Maybe the baby she just had is Nifongs, lets get his DNA and see where he has been.
Speaking of reports of the baby, does anyone know if cousin Jakki is male or female? Too hard to tell on the fox interview.
I love live-blogging!!
RM PAM
When was the baby conceived? Was it during the past 9 months when the AV could not sit because of the severe pain? Was it while she was pole dancing but too traumatized to give a statement?
We have DNA from several persons on her body and clothes. She made a baby with someone in close proximity to the rape. Seems like she was really "upset'.
It's pretty clear that there has been significant prosecutorial misconduct in this case. When it's this blatant and willful, can the accused sue the DA personally (not just the DA's office)?
Given the information that's come out today, I think Nifong should be forced into bankruptcy and then thrown in jail--no hyperbole intended.
In a way I'm glad the judge hasn't dismissed the case. The longer it goes on the deeper the legal hole Nifong digs for himself. More and more counts of misconduct and obstruction of justice to add to his list of criminal charges.
I received a reply from the NC State Bar today. They are watching Nifong. I would start looking for any and all proof of Nifong's Lying in and out of court. (i.e.) T.V. Radio, Newspapers, internet or any other form and start cutting and pasting, printing or Burn it to a disk and hold on to him and paper the Bar with them.
The more we can prove to them the faster Nifong will see a prison cell.
A question and a comment - first, I haven't seen any official reports on the judge making a ruling, can we get confirmation here?
Second, I agree Nifong should be impeached and sued civily and prosecuted criminally. But that is only possible, as I understand, if the accused are acquitted. I also think the judging letting it go to trial provides Nifong with cover because he can argue if there was prosecutorial misconduct, then the judge would not have let it go to trial.
Cousin Jakki is a tranny all the way. I can not say for sure but I think I even crossed paths with her a few times in Durham. If she is who I think she is, he flat out told me he was a tranny, AND WAS TRYING TO SOLICITE ME! I declined.
If it is who I think it is, you should see how tall she is when she stands up. If she were a female, Silvia Hatchell would have recruited her to guard Allison Bales.
Victim in Mass...
The problem is the Bar is just 'watching' him....these boys need action.
I think there may be too many good 'ol boy ties there.
The "right thing" he was trying to do was cement his relationship with Nifong, with an eye to future business.
Throw the book at him.
The SBI lab found no blood, saliva, or semen on anything in the rape kit.
Nifong has zilch without DNASI.
Please can some of you more learned folk answer my question(s)?
If Meehan and Nifong withheld exculpatory evidence as Meehan under oath admitted to today on the stand and as proven today it was not given to the Grand Jury or Defense under the smoke screen of privacy.
It would seem that Meehan and Nifong conspired to manipulate evidence for personal gain and not to make the case play on an a level playing surface?
Can we now expect to see the Federal Attorney General get involved with a Federal Invetsigation?????
It would seem Nifong massaged evidence to promote his path to reelection?
Does North Carolina Justice suck or what ????
This testimony graphically illustrates what a sham this is and how wrongly Nifong has handled this case. The three indicted men are being railroaded.
As for the issue about when the Accuser's latest baby was conceived - I'm not sure that's a comment on whether she was or wasn't traumatized. The woman clearly has many problems and it's hard to get any sense of what's "normal" for her. Genuine rape victims have different reactions afterwards. Many may shy away from sexual contact, others may want sex with their boyfriends as a comfort.
DNA no DNA it is not relevant in this case, it is the victims word that counts. These guys are guilty of something and a jury will see that they go to jail
To 5:28--if DNA is not relevant why did Nifong spend tens of thousands of dollars on testing.
Please also explain, as carefully as you can, why whether the defendants did or did not leave any trace of genetic material on the alleged victim is irrelevant.
victim in mass,
See my post in the Perry Mason moment. Bar summons has been issued for Nifugu to appear before a disciplinary hearing for misconduct, the only question is has it been served? I am told it will be before Christmas, that means next week. Hold on.
Yolanda is visiting again. Now, Yolanda, if the DNA of the lacrosse players had been found in the accuser, would you still be saying that DNA is irrelevant?
Also, the Innocence Project has managed to have black males wrongfully convicted of rape and murder released from prison, precisely upon the very kind of DNA evidence that we have seen here.
(An examination will find that the DNA in the victim belongs to someone else, and not the person who was convicted.)
Are you saying that the Innocence Project is wrong? I have asked you this before, but you have not answered. I wish you had the courage to say yes or no. Now, you can say, "It matters for black defendants, but not for white defendants," or anything you wish, but I wish you had the courage to answer.
I am not sure why you want people convicted who have not committed crimes. Would you consider lying in court? Would you be willing to tell Nifong that one of the lacrosse players raped you? It would be a lie, but it seems to me that lies do not matter.
Anyway, you need to answer, if only to show us what you are made of.
Quick question. Did anyone feel the earth shake today as promised by various Nucklefong's supporters? Because I sure didn't.
Bill, once the DNA of the LAX players, was not found on the accuser, it became irrelavent. No DNA doesn't mean no rape. Remember, DA Nifong said we can do this the "old fashion way". Let the victim testify and the jury decide. She will look the jury in the eye and tell them she was gang raped.
I think the man is kidding, but if he is not, let's explain why it doesn't matter. For example, for those who claim it does not matter, can they give a rough estimate of what percentage of situations in which a violent rape leaves no DNA?
You cannot conclude that no DNA means no rape. Just like Dr. Meehan stated, just because there are no fingerprints at the bank doesn't mean no bank robbery
Earlier today, KC said:
"DNA security director Brian Meehan, under vigorous examination, admitted in today's hearing that Mike Nifong knew that the report the company produced failed to include critical exculpatory evidence--namely, that multiple DNA samples from men were found in the rape kit.
Meehan's assertion: that privacy concerns trumped his obligation to follow both the law and his own company's protocols."
The *Report* (prepared by Meehan, not Nifong) was arguably a mere summary of key points). The *Report* did not include the exculpatory evidence about non-defendant DNA being in the FA. Nifong did, however (admittedly only after first resisting/objecting and after a court order), produce that underlying exculpatory evidence to defense counsel.
Therefore, it is not clear to me that a strong case of cover-up can be made, or that defendants were prejudiced. I am, however, open to the notion that Nifong acted in bad faith in conspiring to have the Report omit that exculpatory evidence and in not producing the underlying evidence in the first instance.
Remember, DA Nifong said we can do this the "old fashion way". Let the victim testify and the jury decide. She will look the jury in the eye and tell them she was gang raped.
I sure hope that by that time she decides which of the 5 different stories she has told about that evening is the "truth".
Why does everyone even respond to the likes of 'theman'or Yolanda? Don't waste your time. There should be a minimun IQ to get on these blogs to eliminate baiters like these two.
5:57, she told one story that she was raped, by mutiple males, just like the lab guy said mutiple male.
Meehan was just trying to do the "right" thing? Wouldn't the "right" thing have been to follow his own lab's standards? Otherwise, what is the point of having standards at all?
To the 4:35: It is not correct that there must be a trial and an acquittal of the Duke 3 before Nifong can be prosecuted criminally, or sued civilly, for his actions in this case. For the civil suit, there only needs to be a resolution of the case in the defendants' favor (and that includes a dismissal of the charges before trial). For the criminal prosecution, there only needs to be evidence of Nifong's criminal conduct (e.g., conspiring with others to conceal exculpatory evidence, etc.), and his criminal intent. Even if the Duke 3 were to go to trial and be convicted of all the charges, Nifong could still be prosecuted criminally if there was evidence that he deliberately framed the defendants.
No matter what story the accuser ends up with,the defense will be able to rip it apart based on her past inconsistencies-- see the tex of the new motion to supress the photo-IDs. It's a devastating motion for her.
I want to try and respond to "theman" one more time.
Under what circumstances, does a violent rape not leave DNA? Do you know? Has there ever been a reported situation in which a violent rape did not leave DNA?
Using the bank robber analogy, if someone said the saw the bank robber touch the counter, and then Dr. Meehan went to that very spot and took fingerprint samples, and those fingerprint samples matched Yolanda, would it make sense to arrest you?
To theman and Yolanda,
I do not believe you understand that the crime described by the accuser HAD to produce DNA and because there was NO delay in examining the accuser, the
DNA WOULD HAVE STILL BEEN THERE IF SHE HAD BEEN RAPED or if there had been any coonsensual sex!!! No DNA matching the defendants was found! The DNA that WAS found match other people who are NOT on the LAX team. The LAX team members DID NOT commit a crime. Perhaps the people who match the DNA that WAS found committed a crime, but the accuser has not accused THEM; she accused people who have demonstrated their innocence!!! Please try to understand this. It will make you feel better when the case does not go the way you hope it will.
Observer
All I know these guys should be in jail and not out looking for more victims
to the man:
How do you know they should be in jail? I obviously think you are wrong, but I want to understand the mentality that would have somebody with an alibi,no matching dna, who was originally identified by the alleged victim as just being at the party and not as an assailant, who has boatloads of character witnesses of all races, what matters to you? What evidence woudl change your mind.
Good one 'theman'...you're making all sorts of really good arguments proving the false accuser and her merry band are morons.
6:20...do not try to understand the likes of 'theman'...just not worth your time...seriously.
To 6:05 (theman)
Now we are getting somewhere. You affirm that multiple male DNA present inside of Precious means she was raped. Great. Now, why don't we start testing guys around Durham until we start finding a match or two. Because as it stands today (according to you) there are at least 5 violent rapists wandering free and un-troubled amongst the decent, un-suspecting people of Durham.
The LAX guys have been ruled out, that was a start. But finding thse evil-doers must surely be worth the effort, doncha think?
From 6:20
I do what to understand theman, because he or she may serve on ajury. I realize it is a frightening trip, but I think it is worthwhile. What he has said so far is that DNA does not matter if not present, but he has not explained more.
so, theman, can you set forth in a coherent fashion your line of reasoning that means that these three current or former duke students should be in jail.
Here's how good (terrible) the media is with all this: Our local TV station is reporting that Nifong has made allegations in court that the baby likley belongs to one of the Duke boys!!
Why can't we just wait and see what she has to say in court. Remember she is a US Navy Vereran, a mother of 2, an honor student and working to feed her family. She's got more going for her the most of you and then what happens, while trying to make a living, she is violently raped by three men.
To theman;
getting kicked out of the Navy does not allow oneself to be considered a veteran. There is no evidence she is an honor student.
So if the accuser says she was raped and the boys say she wasn't...then trial over, based on your reasoning.
she a niggah
she a tupid, dirt-ugly egony negress
i suh she woth 10 dllah
my ugly dark-skinned pussah stink
honky no tuch tht
to 6:39 post There is no evidence that she is not an "A" student. The is no evidence she was kicked out of the Navy. You just seem to want to make her out to be some kind of slut, just like the defense. She is a loving, caring mother of 2. She will testify, the LAX player go to jail and she will finally be free, in body and spirit.
theman...
I believe there is evidence...not that you would be interested in any evidence.
In any event can you imagine the pain that most legitimate NCCU students are enduring, with the reports the Precious is an "honor" student....that must mean to the rest of the world that NCCU is the biggest fricken' joke of a college in the world....
theman, yu fuk her ass
why honky fuke blacky /
n
niggas, go bak afraka
you dum animels
7:02 and 7:06 Well that explains it, you are racist and can't believe a black victim. No matter what the victim says on the witness stand, she is guilty, because she is black and white people don't lie.
7:02 and 7:06: Maybe you should follow in this victims shoes and go back to school to learn to spell, or should it be speel
THEMAN makes a most interesting point. Nifong got his ID of Reade and Collin more than two weeks before he went to the grand jury and got indictments.
As KC already has pointed out, Nifong did this to avoid a preliminary hearing. Now, by keeping these "vicious rapists" out of jail for two weeks, does that mean they were out looking for more "victims"? This is more interesting. Theman declares that they are on the prowl for more victims, yet Nifong kept them out of jail.
Gee, what gives? I will tell you what gives. We are dealing with the mentality of the white racists of Scottsboro in 1931. There is no difference between theman and Yolanda and the racist mobs in Scottsboro, except Yolanda and theman are black.
Nifong is a defender of the people's civil rithts. By the way Bill, you never answered my question. Did you ever serve in the military, like this poor victim did?
Sorry Bill, that question was on another blog spot by DiW.
5:20 - Thanks for my laugh of the day. do you post for real or just to keep us perked up? What ever happened to birth control?
KC must be still in transet.He will delete the name calling ( from all parties)as soon as he gets home. Mice will play while the cats away.
I took the draft physical in December 1972, but the Vietnam War came to an official end the next month. Nixon ended the draft the following spring. At that time, no one in his right mind was trying to get into the military.
However, it seems that CGM did not last long in the Navy. I am not a person who believes that a stint in the service elevates one to sainthood.
But her brief service does not mean she is telling the truth. She is a serial liar, and, furthermore, that already was known in the black community in Durham long before she made the charges.
This is my last post dealing with thecowardlyandpatheticandthoroughlydishonestman and Yolanda. I like to deal with honest people, and you are not in that category.
theman, so say I am a gay hooker. And I follow you into a bathroom. After your gone I minute latter I call the cops and say you raped me. There is plenty of DNA in and on me since I am a hooker. But none of it is yours since you didn't touch me. But under your standard you would end up in prison just on my word. How would you like that?
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