Friday, August 31, 2007

Morning Session II

Nifong testimony:

Opens with discussion of his education and career in the Durham DA’s office, and his tradition of open-file discovery. Dealt with SBI in his time as an ADA. Only “occasionally” had conversations with SBI people in dealing with their analyses. Was never asked about what should or should not be in SBI reports.

His open-file approach was more efficient—defendant would have “knowing basis” of how to proceed; “the right thing to do”

“No reason not to” turn over everything.

This policy allowed him not to worry about what was important to a defendant and what was not.

“I ended up getting rid of one person” almost immediately (Freda Black); first six or seven months as DA were devoted to getting the office fully staffed.

Had never heard of an NTO that dealt with more than one person; “struck me that this was going to be a case that was going to get a lot of media attention in Durham

“saw it as a case that would get a lot of attention”—called up Capt. Lamb and told him that all matters should go through him.

Calls Mangum “the victim”—three times; his lawyer does so twice.

When he took over, “no one had been identified as a suspect at that time” [except, of course, for the 46 lacrosse players listed in the non-testimonial order as suspects]

Conversations with SBI people lead to suggestion for Y-STR tests

Names the lacrosse players, however, even as Mangum was the “victim”

SBI reports never contained summaries of the conversations between him and SBI technicians.

When negative results came from SBI, “It was evident to me that this had been a non-ejaculatory events”—therefore, it became an eyewitness ID case. [Of course, his “victim” had said that it was an “ejaculatory event.”]

“primary interest” in going to DSI was “ferreting out” fingernail mixture; but felt that he had no choice but to give DSI everything—“didn’t worry too much” about specifics—“I figured they would know.”

Q: what else was he doing at this time as DA?

A: 1) Running the office—had to answer calls, correspondence, conversations with attorneys.

2.) In a “contested primary” for DA; in April 2006, most night after work, he was involved in something involved with the campaign.

3.) some of his time—“entirely too much of it”—taken up with the media; “spent way too much time in talking with the media”

Had never run a campaign before, had never been a DA before, had never dealt with a case of this magnitude before; April 2006 “very possibly the busiest month of my life”—with things he wasn’t accustomed to dealing with

Still only has “specific recollection” of two meetings; but concedes that the third meeting occurred and he was present.

His recollection of April 10 meeting: knew nothing about YSTR testing; part of purpose was to give him a sense of what YSTR testing was.

Meehan says they had tested all the items from the rape kit; no matches to any lacrosse players; confirmed that there was no semen on any of these items; also said that there was male DNA on some of the items that didn’t match any of the Duke lacrosse players.

Meehan showed them some of the test results that he had completed; said that the results were “quite preliminary” Only one clear match—old sperm; the rest seemed inconsequential.

April 10: Meehan basically tells him that they did the same tests SBI did with more specificity, finding the same thing—found no relevant semen or sperm

Were these Meehan findings consistent with the facts of the case?

Nifong was aware that Mangum had told police officers that last sexual contact was with boyfriend 3-5 days.

At one point, recalled asking Meehan asking whether sperm-fraction is necessarily sperm. Meehan says no. understanding was that Meehan would do further testing—didn’t receive everything from SBI: “my primary interest was to get the fingernails tested”

Focus of first meeting was to allow him to determine what YSTR testing was; also talked abt transference.

“would almost be unusual and unexpected” for a person—male could be anyone; couldn’t say—might have come from her son(!!)—we’re talking, again, about DNA withdrawn from Mangum’s rectal, vaginal, oral swabs, and panties. It could have come from her son??

Meehan did express some concern at some point about privacy issueà that leads to discussion of report.

Negative info (no matches to a player) needn’t be contained in Meehan report.

Seligmann and Finnerty were not indicted on the basis of DNA evidence; therefore wasn’t paying much attention to issue of DNA matches.

NTO people “were entitled to have the results of the test”—but complicated with 46 people.

Goal was to send written report, not oral report; didn’t have any reason to turn things over abt Meehan

Nifong attorney: “we’re using written report and final report interchangeably”—Nifong: yes. So Nifong is now saying May 12 report was final??

April 21 meeting: said that they had obtained YSTR fingernail tests. Nifong guessed it would be Evans. “At that meeting, the focus was almost exclusively on the findings on that particular sample.”

[Himan reported that Meehan said then about four unidentified males.]

“pretty clear from conversations that he was still doing testing”


Anonymous said...

The entire thing is just stunning. The guy still is trying to make us think there was a rape, and that this alleged assault could have happened without DNA being present.

As far as I am concerned, I have no more sympathy for Nifong and his family. None. Decent human beings would be trying to make amends.

By the way, when Nifong got convictions, did he ever speak of lack of remorse by people who were convicted? Now we see Nifong with a lack of remorse.

Book 'em, Dano!

Anonymous said...

This man is without ethics. He spent his morning sliming players who were found inncoent by the State AG but to Nifong Crystal is a Victim.

Great Summary KC! My hope is Judge Smith isn't buying one bit of this Lying *&$^#

Anonymous said...

All I can say is that Mike Nifong never disappoints.

Sperm fragments and skill cells found on Mangum's anus, vagina and panties could have been from her son!

What a joke this man is. I'd be interested on what the look on the judge's face was when this bit of wisdom passed through his lips.

Anonymous said...

Is it not readily apparent? Clinically, Nifong has serious mental problems.

Anonymous said...

I'm finding your format a bit hard to follow in places - is this a paraphrase of Nifong's testimony?

"Meehan says they had tested all the items from the rape kit; no matches to any lacrosse players; confirmed that there was no semen on any of these items; also said that there was male DNA on some of the items that didn’t match any of the Duke lacrosse players."

If so, he has essentially pleaded guilty:

Judge Smith: So you represent there are no other statements from Dr. Meehan?

Mr. Nifong: No other statements. No other statements made to me.

Mr. Bannon: Just so I’m clear, Mr. Nifong is representing that the facts of the case weren’t discussed in those meetings.

Mr. Nifong: That is correct. The facts of the case, other than the fact that we were seeking a, the male fraction DNA.

Unless he's going to claim that since it was over

Anonymous said...

"we’re talking, again, about DNA withdrawn from Mangum’s rectal, vaginal, oral swabs, and panties. It could have come from her son??"

From what we know is Ms. Mangum, I'd say it's moderately unlikely at worst.

Anonymous said...

JLS says....,

The defense is really really stupid to mention the primary. Not only did the primary possibly take up some of Nifong's time, IT GAME HIM A MOTIVE TO BEHAVE DIFFERENTLY IN THIS CASE. This motive makes it much more likely Nifong CHANGED his behavior due to the primary making all the evidence of his past behavior irrelevant.

Anonymous said...

Why aren't the guys attorneys objecting every time he says victim or suspect or their names and not hers? I cannot believe the BS that this judge is allowing to be spoken in this hearing.
As from the beginning, whether or not he is mentally ill, he continues with alot of help to distort, lie and just stick with his view of events regardless of any facts or truth.
I really hope the families pursue every legal recourse for jail terms or money or both.
I won't be surprised if he walks on this.

Anonymous said...

Just take a moment to think about it. This disgusting slut, Mangum, was celebrated by the black community.

If she is so mentally ill, then why has she not relinquished custody of her chillun?

Anonymous said...

JLS says....,

re: anon 1:45

Mangum has cried raped twice and attempted murder one other time. If she is too mentally ill to be held criminally responsible, she should be committed and locked away essentially forever immediately. She should be locked away because she is a danger to herself and the public.

1. She is a danger to any person she comes in contact with that she might, if upset, mentally incompently accuse of a crime. And even though she would quickly be discreditted, someone might get arrested an arrest record that could limit their life options.

2. She is a danger to herself. She could be abused sexually or otherwise by any number of people around her and because she has no credibility she could not really turn to the police now.

The only real solution is for her is for her to be involuntarily committed forever.

Anonymous said...

DNA could have come from her son?

This may be a way of honoring the narratives of blacks.

Maybe this is part of the black cultural tradition and experience that has been handed down for generations!

Debrah said...

I can understand why some people are so tired of all this.

Mike Nifong is without a doubt a mental case.

I hope he is dealt what he deserves today.

The main reason, however, that many are still riveted is that this case will have a huge effect on future cases like a pebble having been thrown in a pond....endless reverberations for years to come.

We have also been forced to re-examine all the narratives that have weighed down our culture for so long.

This case is in stone.

Anonymous said...

I watched the video of Dave Evans father (David Evans) during the break. It brought tears to my eyes, and goes to what Bill Anderson said, he still wants to believe "something happened" and keeps saying "victim".

f*** him


Anonymous said...

Hmmm, maybe Mr. Nifong truly believes the lies he is telling, so, in essence, saying I should get off like Crystal did since I am so incredibly stupid that I cannot be held responsible for my actions...