Tuesday, June 12, 2007

Wade Smith Cross-exam

Freedman in the cross-examination is attempting to maintain that the Meehan report actually was complete--and that actions of people other than Nifong caused all the publicity.

Freedman also notes that the defense could have done its own DNA report, and therefore this issue was not a particular problem.

DNA evidence would have made it "almost impossible for Mr. Nifong to have tried this case the old-fashioned way."

Yes--evidence was exculpatory, "with an exclamation point." Critical to showing that Mangum was "extraordinarily active sexually" in the week before the party.

Nifong's "extraordinary calling attention about this matter"--his national TV appearances, describing how it happened, especially the chokehold demonstration.

Affirms the Bar's point that at no point did Nifong object to the language of a court order that the DNA Security report was a "final report."

19 comments:

  1. I'm sorry, KC, I don't get that...didn't Meehan admit on the stand that the male DNA information wasn't in any of the reports given to the defense and that he left it out due to 'privacy concern's???????

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  2. Freedman is doing a better job than I expected. He is methodically taking Wade Smiths direct testimony apart. No fireworks, no yelling, no finger pointing or histrionics. Just courteous questions that put parts of Smith's direct testimony into question. I think Mr. Freedman is far more dangerous and far better prepared than was earlier thought.

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  3. Apparently it was in the data dump, but not the summary report. Which of course came later, but why be so picky?

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  4. I thought the data dump wasn't until October?

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  5. What's helpful is when Ms. Jean asks open-ended questions that allows Smith to speak openly.

    Freedman objected the last time but he was overruled.

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  6. Can anybody give some more details about what headway freedman is allegedly making here? Find that hard to believe.

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  7. Freedman is one finger in a very leaky dike.

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  8. I'm not following this, is KC quoting Smith or Freedman in this post?

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  9. KC is quoting Smith.

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  10. WRAL has a no video so I have CNN up too. Much bigger picture and it just showed Nifong sipping a cup of water. Back on line now.

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  11. There was someone that presented a physical threat in the courthouse?

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  12. Himan is on the stand now.

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  13. Michael--
    It was one of the New Black Panthers, I think, who threatened Reade Seligmann during the preliminary hearing. I remember someone shouted "Dead man walking" outside; don't remember now what exactly was said in the courtroom.

    Re Freedman--
    He's apparently a good lawyer, and just because Nifong doesn't have much of a case (if any) doesn't mean Freedman won't do a good job of presenting what he has and undercutting whatever he can of the Bar's case. I would assume he'd realize that histrionics and grandstanding wouldn't be effective at a hearing before a bar panel instead of a jury.

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  14. Not to discourage the faithful, but to my knowledge, North Carolina has never disbarred a prosecutor. Which stands in stark contrast to the frequent disbarment of private attorneys.

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  15. There's a first time for everything.

    What better choice for a first-time-to-be-disbarred in NC prosecutor than Nifong, a man who made multiple inflammatory and prejudicial comments to the press (about innocent people), knowingly conspired with the head of a DNA lab to withhold exculpatory evidence(that showed the complaining witness to be a liar, and exonerated three innocent defendants), and repeatedly lied to both judges, defense counsel, and the State Bar?

    Nifong is really the perfect villain. He can't even pretend (credibly) that he was perpetuating this frame-up because he believed Mangum; he was doing it solely to further his own political ambitions. If the Bar won't disbar someone like Nifong, they won't disbar anybody.

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  16. michael-
    Oops, ignore my 3 pm post. I didn't realize there was an incident of witness threatening today.

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  17. The 'Fong is getting totally pwned.

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  18. Thank Gd for the chokehold.

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  19. Outside someone shouted something like "you'll get yours rapist." Inside the courtroom, the NBBP joker said "Dead man walking."

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