December 15, 2006

Prosecutorial Misconduct In Duke Case

But that's been apparent for some time. Here's some fuel for the fire:

The head of a private DNA laboratory said under oath today that he and District Attorney Mike Nifong agreed not to report DNA results favorable to Duke lacrosse players charged with rape.

Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case.

Meehan struggled to say why he didn’t include the favorable evidence in a report dated May 12, almost a month after Seligmann and Finnerty had been indicted. He cited concerns about the privacy of the lacrosse players, his discussions at several meetings with Nifong, and the fact that he didn’t know whose DNA it was.

Under questioning by Jim Cooney, a defense attorney for Seligmann, Meehan admitted that his report violated his laboratory’s standards by not reporting results of all tests.

Did Nifong and his investigators know the results of all the DNA tests? Cooney asked.

“I believe so,” Meehan said.

“Did they know the test results excluded Reade Seligmann?” Cooney asked.

“I believe so,” Meehan said.

Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied.

What a railroading this thing has been.

KC Johnson is covering the trial extensively if you'd like to know more.

Posted by floridacracker at December 15, 2006 06:03 PM

   



Comments

I predict a large civil suit filed by the 3 Duke students against Nifong and the city for prosecutorial malfeasance once this travesty has been thrown out of court.
It will do little to restore their lives but should make having to work for a living an alternative option. What a low life (insert explitive) he has been.

Posted by: Gmac at December 16, 2006 09:15 AM

It's absolutely amazing what this clown has gone through to railroad these guys.

It's further amazing that he figured that he'd get away with it in the long term.

And Meehan needs to be nailed for his part in this, too. From the wording/excuses you know he was aware of what was going on, but went along with it anyway.

Posted by: Firehand at December 16, 2006 04:09 PM

Nifong should be prosecuted and probably will be but what about Duke University? The falsely accused students, the coach, the Lacrosse program, were all eagerly dispatched by the University without the benefit of a trial.

When Nifong is done, the next series of lawsuits should rain down on Duke University and they should be carried on without mercy. There ought to be a day in court, afterall.

Posted by: tfhr at December 16, 2006 09:41 PM

Ditto on the remarks so far...you know, what baffles me...aside from Nifong thinking this would go away after his election, is that this group of young men couldn't muster enough...well, *brains* amongst them
to realize how vulnerable they left themselves by
hiring such a piece of shit.
C'mon guys...the litigious society we have become ??

Guess they don't have like football groupies for lacrosse players...so they had to resort to hiring
her.

Posted by: csason at December 17, 2006 05:44 PM

Unfortunately, this kind of foolishness occurs occasionally in North Carolina. I blame the state's method of assigning judges to cases. As part of the civil rights movement, complaints were raised across the South that there were not enough black judges in rural court circuits.

North Carolina solved the problem by simply eliminating the kinds of districts used in most states. A judge can be assigned a case anywhere in the state - meaning he or she can have cases from one end of the state to the other - about 400 miles. As a result, it's generally months between visits by the judge to the court house where the case is being considered. Prosecutors use these long delays to force defendants into pleas. I'm familiar with a child molestation case in which no one was finally convicted, including the man accused of doing the molesting. Several people pleaded guilty to lesser offenses because they had been in jail for years without a trial.

The right to a speedy trial simply doesn't exist in North Carolina. It will be interesting to see how much longer the prosecutor can drag this case out. At least the defendants are not in jail.

Posted by: Juan Paxety at December 18, 2006 08:21 AM

"The right to a speedy trial simply doesn't exist in North Carolina." -JP

And that doesn't seem to be unique to NC, but nevertheless it continues on across the country because all of that down time and waiting is still an opportunity to bill clients. I don't expect that will change.

As for the lacrosse players/Duke students, well, they were tried and convicted on TV. They are done and I blame the school for not standing up for their right to a presumption of innocence. It may be apparent that I'm not a supporter of litigation for fun and profit but I do believe that everyone from the lacrosse coach to the waterboy ought be filing a claim against the University. Civil rights were violated and the school is one of the worst offenders. Heads should be rolling on the Duke faculty and administration.

Universities have become stalwarts for political correctness and the injustice served to the lacrosse players and coach is a direct result. This is the human price and now it is time for those responsible at Duke to pay with their careers.

Posted by: tfhr at December 18, 2006 10:26 AM