Freedman Statement

Case is not about innocence. Also Nifong had duty to pursue case that he believed in. Issue is whether Nifong committed any intentional or even negligent violations. Not in any way disagreeing with AG's conclusions, but important to go back to see Nifong's mindset.

Nifong a career ass't prosecutor, but didn't have experience as DA. Had been out of regular rotation for trying cases. "Vastly experienced" in court system but "extremely inexperienced" in running the office.

Information that Nifong learned--Mangum did make accusations, and everyone was gone from the house, when the police came back. This naturally raised suspicions of law enforcement.

Police interviewed some of the people on the street--witnesses on the street told investigators that they heard racial slurs. Nifong didn't inject race.

"No evidence--none" of any agreement between Nifong and anyone else to exclude evidence.

[Who are these witnesses?]

Mangum then taken to Tara Levicy--she determined that Mangum acting consistently with someone who was sexually assaulted. Levicy will testify on Nifong's behalf.

Three captains made statements that corroborated Mangum's--broomstick and racial comment. Then they find McFadyen e-mail.

[But, of course, McFadyen email not turned over to the 27th--after Roberts statement, after Mangum's non-IDs.]

Nifong was not making statements with intent to prejudice jury, since no one had been charged. Felt that "he needed to solve this crime."

[Isn't that the job of the police?]

Statements were clearly "outlandish," in retrospect. 98 percent of Nifong's statements were between March 27 and April 4. Did not want to make comments once individual charged.

April 4 photo array: Nifong compares 4-4 statement to "yearbook" photos. This is why he taped it--wanted to protect the defendants!!

Purpose of 4-4 photo array was try to locate witnesses and solve the crime.

Concedes that Himan told Nifong that he had doubts about the Seligmann indictment. Nifong response: "if you believe her on Finnerty, then you have to believe her on Seligmann." Nifong did not generate warrant on his own.

Police were not instructed as to how to present the case. [This is the blame the police defense.]

[Although Freedman says his goal isn't to challenge the AG's conclusions, it sure sounds as if that's what he's doing.]

Blames Meehan--Nifong didn't generate that report, and grand jury came back with probable cause.

DNA crux of the case: "what did Mr. Nifong know and when did he know it?"

Concedes that Nifong did meet with Meehan on 4-10--despite Nifong's previous denial.

Nifong had never used Meehan before. Nifong never asked Meehan to exclude anything from his report. Nifong never told Meehan how to write report.

[This is the blame-Meehan defense.]

Nifong--"at a minimum," told Meehan, needed matches--not an attempt to exclude, attempt to protect privacy of DNA profiles.

meehan mentions "non-probative" evidence in his report--what he means was all the DNA evidence that he excluded. Meehan chose the words, not Nifong.

Meehan and Nifong considered this as an "interim report"--discovery an ongoing process.

Nifong always a believer in open-file discovery. Always turned over reports to defense--just gave it over without really looking at report.

Appears to be claiming that Nifong didn't read the report--"as he did not look at any of the other discovery, he pretty much just turned it over." (!!)

DNA evidence was "extremely weak profile." "Mr. Nifong perhaps should have thought more of that evidence."

At the time, Nifong didn't understand the evidence--this is why he didn't turn it over.

[New excuses--a) Nifong didn't understand DNA; b) as part of his longstanding practice, Nifong didn't read reports that he had turned over.]

Defense got exculpatory evidence because Nifong turned it over. Nifong believed that DNA evidence was being turned over to defense experts--no worry about whether it would be understood.

Dec. 15th hearing--Meehan "wasn't prepped." (!!!)

meehan was "all over the place" on the Dec. 15th hearing.

'Law was in a state of flex at that point." Position Nifong was arguing was consistent with what AG had told DA's had to do.

[Blame the AG defense.]

"Look at the man, look at his career, look at what he had on his plate." "Nothing political about Mike Nifong."

Nifong didn't create media interest--didn't ask for media to come down to NC--and quit talking about the case in early April, which didn't dissuade media interest.