Concedes that in October, he didn't object to a description of the May 12 report as a "final report" in an October court order.
His excuse? He overlooked this item.
Q: What was understanding of the status of the May report from DNA Security?
A: Didn't recall ever much thinking about it. Never really thought about it as final report or interim report.
Never occurred to him that he needed to follow up with DNA Security on getting extra material. [Nifong is conveying the impression that he considered the May 12 report a final report.]
Relied on Meehan to provide a full report.
First reaction to Dec. 13th motion: "They don't have this?"
Second reaction: "At least they have it at this point."
Immediately faxed a copy of the motion to Dr. Meehan; then arranged for him to come and speak. Said that they needed to deal with it right away.
Didn't apologize because the defendants already had the information.
Concedes that defense didn't have all exculpatory evidence until Oct. 27; but thought that his statements were true.
"Something that I didn't really think about again until I got this motion on Dec. 13th."
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27 comments:
Nifong's face is beginning to twitch again.
Question:
Does anyone know if Nifong is using up vacation days for these 4 days at the hearing, is taking unpaid days off, or is getting paid as part of his normal DA duties by the good citizens of Durham, NC for his time spent at this hearing?
If this is his direct, it seems Nifong's lawyer's strategy is to essentially get him to admit he screwed-up and is guilty of everything and try to use an incompetence excuse to attempt mitigate the penalty.
This is getting a little boring. How many times are they going to repeat that Nifong did not do what he was supposed to do but he had the best of intentions? This is sickening!
Boring is the word. He's going around in circles and babbling and talking too much. "Erratic," just like Meehan. If I were on that panel I would be highly insulted that he would waste my time and think I would fall for this.
The more he talks, the better.
Anything he says, can and will be used against him.
If and when civil cases come, these are the words that will come back to haunt.
... best intentions of screwing three "rich white guys" for a crime that they didn't commit, to further his political aspirations.
So what will Nifong's next job be? Perhaps he and wendy murphy can co-teach a course in ethics.
Nifong is doing rather well. I'm starting to think he may not get disbarred.
patience. cross-examination hasn't started yet. and he has to convince lawyers, not a semi-gullible sympathetic jury.
Maybe he will go into a Captain Queeg 'strawberries' meltdown. LOL
Are they wasting time on purpose so there would not be sufficent time left for cross examination?
The DNA from 10 unidentified males on the accuser which flatly contradicted her story of sex with her boyfriend a week previous is exculpatory, it is also a factual result of a state ordered test.
He does not have any option to finesse this.
"I forgot" is not a valid excuse for failing to disclose exculpatory evidence that you, yourself, repeatedly discussed in several meetings with your own expert.
His legal duty was to disclose the test results once he got them and his legal duty is to disclose exculpatory information in a timely manner.
He fails on all counts.
Nifong:
"They don't have this yet?"
"At least they have it at this
point."
Yup.
That was many months after the
"we're forked" comment.
Right. Sure Mikey; anything you
say....
can and will be used against you.
No way Williamson is buying this, he should be embarrassed this is the best excuse he could come up with.
Take:
one part arrogance
one part political agenda (left wing politics of grievance)
one part ambition (DA!!!!)
and blend well with 7 parts ineptitude about the law and 3 parts willingness to throw his putative weight around
Pour out publicly in front of some of the best legal minds in NC, with the national press and blogosphere watching
And what you get is a guy who still doesn't really get it.
Amazingly, mind bogglingly a loser
Cannot wait for the cross.
Hope he gets angry during cross.
I say he loses it and it carried out in a straightjacket.
Got the popcorn all ready.
This is his own lawyer asking him these questions?
Why ask your client "did you apologize?" if your client is gonna say "no"?
I forgot...left my homework
at home...my dog then ate it...
my dog was supposed to bring
it to school...
Now, he goes on with the "she was so traumatized!" stuff! What boloney?
Anonymous said...
Nifong is doing rather well. I'm starting to think he may not get disbarred.
Jun 15, 2007 2:49:00 PM
I agree that it is fascinating to watch as sociopath who has been caught and forced to perform. Fascinating to see this kind of genetic evil at work.
Obfuscate as much as possible >he's building enough plausibility for a lesser penalty. Don't be surprised if he gets a slap and goes to work on Monday.
The world will have seen NC legal system at work, being fair and inpartial.
There is a method to his madness and he is taking us all along for the ride. I'm not convinced at all that he will be punished much. I can't get Peterson's remark to Mrs. Finnerty out of my mind. Nifong has alot of supporters. His behaviour makes no sense.
This is absolutely chilling! Am I hearing this correctly? He is saying he vcouldn't be bothered to pay attention or to understand what was going on?
"[I goofed and didn't send them all the information], but at least they have it now." OMG They only had it "now" because the defendents could affort the $50,000 just to study those >1800 pages. I'm sitting here spitting! How in the world can poor people ever get justice?
Christy,
Long way from "we're 'forked'"
to uh, "I forgot," isn't it?
Think the Bar will buy it?
Sounds - (again) - like Lois Tully:
"Your honor, ladies and gentlemen
of the audience, I don't think it's
fair to call my clients frauds.
Sure, the blackout was a big
problem for everybody. I was
trapped in an elevator and I had
to make (doo) for the whole time.
But I don't blame them. Because
one time, I turned into a dog
and they helped me. Thank you."
(Ghostbusters II)
My GOd look at the face!!! He's about to seize!!!!!
Nifong's lawyer sure looks nervous. This poor guy can't sit still. Is he paid enough to deal with Mikey's ulcer???
The old: "I is too stoopid to be responsible for anything I did" defense.
That'll impress the Bar judges. "We find that Mr. Nifong did not intentionally do anything unethical, because he is so unbelievably stupid that his pea brain could never have formed any actual intent. We further find that Mr. Nifong is too stupid to retain a license to practice law in North Carolina, so he is hereby DISBARRED."
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