After his disastrous performance at the December 15 hearing—when he admitted that he and Mike Nifong had entered into an agreement to intentionally withhold exculpatory DNA evidence—Dr. Brian Meehan filed an amended report, which purported to be the complete results of his findings. That report did little more than confirm what he admitted under oath in questioning from Brad Bannon: that DNA from multiple, unidentified, males was found in the accuser’s rape kit.
Defense attorneys have continued to scrutinize Meehan’s data, however, and today’s motion reveals that they have uncovered even more DNA—from additional unidentified males—that Meehan’s amended report failed to include. According to the motion,
DNA Security discovered the DNA of at least two males in the accuser’s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sample.
Mike Nifong obtained the indictments of three people on a charge of rape, in which the accuser’s then-present version (her April 6 statement) claimed that the crime had included anal rape. Even if North Carolina did not possess an Open Discovery law (which required turning over of all material to the defense), and even if North Carolina law did not require turning over of all test results obtained from a non-testimonial order to the defense, how would it not be exculpatory to have “discovered the DNA of at least two males in the accuser’s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sample”?
After all, this is the same Mike Nifong who in a 2000 case dismissed an indictment on rape because “results of DNA testing exclude the defendant as the perpetrator of this crime.”
Today’s defense motion also provides a statistical summary of the Meehan test results:
A collective review of all materials provided to the Defendants and information obtained by the Defendants about DNA Security’s work shows that at least 12 of the 22 rape kit DNA extractions—in other words, over half of them—contained male DNA that did not match the Defendants. [emphasis in original]
How is it possible that this case is still ongoing, and that a criminal investigation of Nifong has not been opened in its stead?