But by the time Nifong made his first statement on the case, the players had already given DNA. How does the giving or non-giving of DNA in any way relate to Nifong’s pre-primary publicity crusade? Is Cohan really saying that absent the benefits of publicity, Nifong would not have moved forward with the case? What a damning, if apparently unintended, admission.
This isn’t a terribly difficult question to answer, especially for a self-described “investigative reporter” of Cohan’s . . . skill. Oddly, it appears that Cohan has never come across § 132-1.4 of North Carolina’s general statutes. (There are several provisions of the state’s general statutes, including those regarding the prosecutor’sobligation to turn over the results of all tests, with which Cohan also appears to be unfamiliar.) In the event, the provision is unequivocal: “Records of criminal investigations conducted by public law enforcement agencies, records of criminal intelligence information compiled by public law enforcement agencies, and records of investigations conducted by the North Carolina Innocence Inquiry Commission, are not public records.” It’s not clear to me why Cohan expects North Carolina’s chief law enforcement officer to violate state law to satisfy Cohan’s personal curiosity.