Nifong and DNA

Order for April 5, transfer of DNA to Meehan, was not done by Nifong--was done by ADA David Saacks.

[This would be the blame-David-Saacks defense.]

He didn't order Saacks to limit his order--his greatest interest was in "mixtures," but says that his interest (for unexplained reasons) was only in mixtures on fingernails, not rape kit.

Can only recall two specific times that he went to Burlington to meet with Meehan. Had 4-21 meeting on calendar. Had no listing of 4-10 meeting on calendar.

Having heard testimony of Himan and Meehan, perhaps he was in fact present at 4-10 meeting.
[Yet Nifong had said in court, on several occasions, that he had attended the 4-10 meeting with Meehan.]

Meehan just gave him a primer at the 4-10 meeting, though did mention the unidentified male DNA.

After SBI tests, knew this wasn't an "ejaculatory event," not looking for any such evidence from Meehan.

Had fully expected that Meehan was going to re-examine all the evidence, and also serve as a test for the SBI.

Nifong is currently claiming that the unidentified male DNA evidence wasn't from complete profiles, so didn't pay much attention to its relevance to the case. But the fingernails profile wasn't complete, either.

Nifong says that he assumed the unidentified male DNA had nothing to do with the case. Looked at it as a preliminary result that had nothing to do with the purpose of the test. But certainly evidence that defense attorneys were entitled to have.

[This statement would seem to amount to a guilty plea.]

Nifong has just admitted that the "court proceeding" he desired the May 12 report for was not the Evans indictment but to comply with the NTO order. Yet the NTO order report explicitly required the results of all tests.

Nifong is now blaming Meehan--saying that he asked for a report based on the SBI report, but right now, just looking for report that would put people entitled to receive it on notice about the results. That's the only conversation he recalls with him about the report.

Had never before been asked by a lab about what a report should contain--"I really didn't know what to say, didn't know what the answer should be" to Meehan's questions.

[This is an astonishingly weak performance.]

Nifong says that he guessed it would be Dave Evans as soon as he hears there are fingernail matches. Takes issue with Meehan's claim that meetings were long. Went over May 12 report in a "perfunctory fashion."

"Didn't take any steps" to make sure that non-lacrosse player DNA was in report--"really just didn't notice that it wasn't there."

The "whole point of my sending that information over there" was to get DNA fingernail information.

From May 12, 2006 through Dec. 13, 2006, never reviewed Meehan report.