Posted on 12/23/2006 8:31:46 PM PST by mathprof
The moment that may have changed the course of the Duke lacrosse rape case came in a packed courtroom two Fridays ago.
On the stand at a pretrial hearing was Brian W. Meehan, director of a private laboratory that performed extensive DNA testing on rape kit swabs and underwear collected from a stripper only hours after she said that she had been gang-raped by three Duke lacrosse players after performing at a team party in March. Mr. Meehan’s tests on the swabs and underwear had detected traces of sperm and other DNA material from several men.
But his tests had found something else, too: none of that DNA material was from the three players, or any of their teammates.
Mr. Meehan had promptly shared this information with Michael B. Nifong, the Durham district attorney. Yet his summary report — the one that would be turned over to the defense — mentioned none of this.
It was an awkward omission that Mr. Meehan struggled to explain under withering cross-examination from defense lawyers. At one point, he was forced to admit that the incomplete report violated his laboratory’s own protocols.
Finally, a defense lawyer asked Mr. Meehan if the decision not to report complete test results was “an intentional limitation” arrived at between him and Mr. Nifong.
“Yes,” Mr. Meehan replied.
The courtroom, packed to standing room capacity with supporters of the players — who have always said they were innocent — erupted with applause.
On Friday, a week after Mr. Meehan’s testimony, Mr. Nifong dropped the rape charges but said he would proceed with kidnapping and sexual offense counts. Whether Mr. Nifong’s decision was directly related to the DNA revelations is a matter of dispute, but both sides agree that the testimony revealed much about the current state of this prosecution.
(Excerpt) Read more at nytimes.com ...
More that comes out the more that Nifong needs to be disbarred. Nifong is the one that needs to be on trial. This is left wing justice at its finest for all to see.
It does seems as if the Times has turned against Nifong. They paint a pretty grim picture.
I think it will be necessary for the defense to actively go after Nifong. Obviously he has dropped the rape charge because it would be laughed out of court, but kept the other two charges because he is still seeking a conviction to build his reputation.
According to the article, "Joseph B. Cheshire of Raleigh, a lawyer for one of the players, said he intended to take 'specific legal steps' to seek sanctions or Mr. Nifong’s removal from the case." I think that will prove to be a necessary defense strategy, or Nifong still might manage to use false testimony to convict the defendents on the other charges. The jury might easily be biased against these white college kids.
Proved conclusively that the Duke Lacrosse team were the only males withing 100 mile radius who hadn't had sex with the stripper.
Who knows his this turns out, but this Nifong character has really left one tremendous swath of damage in his politically-motivated wake.
Ouch that hurts, but it is funny!
Hey! I live within 100 miles and I haven't!
Well, I don't think that Meehan's testimony changed the course of the case so much as it just added another big nail in the coffin. Nifon and his "case" were a laughingstock months ago.
One thing that I heard on the news bothers me. If there was no sperm /DNA of the players then why on earth do they have to test for paternity of her baby from these three players? I also don't understand why all charges weren't dropped. Nifong sounds like he is a moron.
If this stupid DA did conspire with this guy to with hold this evidence, it is a critical violation of ethics and the rules. He should immediately be taken off the case by the judge, and the North Carolina Bar Association should immediately investigate this guy for unethical and illegal actions. He should be investigated for sanctions by the bar association.
That's what YOU say. We have not seen your DNA results yet have we? You just could be THE ONE!!!! :-)
You may want to read, it defines what is and what isn't rape in North Carolina law. And a few other interesting points.
[ Who knows his this turns out, but this Nifong character has really left one tremendous swath of damage in his politically-motivated wake. ]<p.
I wonder if the boys were registered republican?...
I don't pretend to know the law,
but, I certainly hope that the three students can now
turn around and sue Nifong, whoever, to reclaim the
probable coupla hundred thousand amassed to date in legal fees!
They will never get their reputation back!
i think that she needs to go on maury povitch
The link doesn't work, but i did get to the "newspaper".
They claim that without a rape charge, all of the DNA evidence is inadmissable. Does anyone know if this is really true?
I know that "victim shield laws" prevent going into the accuser's past, except for events immediately prior to the incident at trial. Now it would seem to me that proof of recent sex with 5 men would go to the truthfulness of the accuser when she said "no sex for a week", and also would help explain any perceived swelling or injuries, but I am really wondering if this might not be Nifong's strategy.
Suppose he can somehow get the DNA evidence out of the trial, and offers a no jail time plea bargain. The kids might be very tempted to take the sure-fire get out of jail route, but would have to plead guilty to something. All of a sudden, damages for Nifong's excesses are off the table.
you're guilty until proven innocent by evidence of prosectorial corruption.
“No other statements,” Mr. Nifong said. “No other statements made to me.”
“The state is not aware of any additional material or information which may be exculpatory in nature with respect to the defendant,” Mr. Nifong said in the filing.
Boy, you can bet Nifong would hit the defendants with perjury charges if *they* made those 2 statements.
<<
i think that she needs to go on maury povitch
>>
No, Maury went on her. He was DNA match number 5.
I'm sure she'll do that, for a price.
She's probably done it in the past for others.
< };^)
All of these evil people who tried to railroad these innocent boys should serve the maximum time in prison that these boys faced.
All the way up to the prosecutor.
You're guilty until proven innocent if a woman accuses you of rape.
Even if she's a hooker with the sperm of 26 other men in her panties.
Not to mention the fact that this lying b!+ch is being protected by some kind of absurd secrecy laws, while these poor boys have had their pictures on the front page of every newspaper from coast to coast.
Could someone explain how/why kidnapping and sexual offense charges were charged ?
No. It was part of a criminal conspiracy. The times got it wrong again.
Who is the Attorney General of North Carolina? "Kingfish" from Amos and Andy? Good grief, this is unbelievably bad.
If I were in their place, I would demand that my dna be tested for paternity. You never know what a black jury will do in a politically charged case.
You can bet that the prosecution will strike whites from the jury, any black with any medical or psychological knowledge will then be struck from the jury, and any black who appears to be churchgoing or otherwise respectable looking will be struck from the jury by the prosecution.
So he's using the INCOMPETANCE defense...
They withheld Brady material. Jolted is putting it mildly.
No, Howard from Andy Griffith.
For Nifong truthfulness is a random act. Watch for Judge Smith to take action for he was clearly lied to or intentionally deceived.
Yep...in the same category as child molestation charges, hate crime accusations, and of course any levies by the IRS.
Oh, I am sure good ole Oprah will have her on as a victim shortly.
kingfish wasn't the lawyer...Algonquin J. Calhoun was.
kingfish wasn't the lawyer...Algonquin J. Calhoun was.
On FNC yesterday, I heard that the three families have already spent a combined one million dollars in legal costs,
$1,000,000.
Without the vaginal penetration the rape charges evaporated. I suppose Nifong still thinks he he can get her to testify that she was held in the bathroom for a couple of minutes against her will. Weren't her fake fingernails in the trash in the bathroom, so there is at least evidence that she was there.
My recollection is that the nurse testified that there was redness and swelling in her vagina that could indicate some type of activity. She now says it wasn't a penis, maybe Nifong thinks he can make something of the broomstick comment. I wonder if the frat house's brooms and mops have been checked?
On the other hand, I read that a couple has come forward with the story that they hired Precious earlier in the day for a private performance in their hotel room that included a dildo or vibrator. Defense lawyers can say that whatever redness and swelling was present in the vaginal area could have come from that, especially if she did not use lubrication.
The lab worker should not be considered a reliable witness in any further DNA matters. Hell, his integrity is compromised for a handshake deal.
why's everyone upset. Nifong is a Democrat who needed to get re-elected and what are a few White boys when you have the greater good of a Democrat being elected?
Indeed. I believe that early February is the due date, which would put a 40-week conception in the mid-May area. Not only were the rape charges filed in April, by mid-May all the Duke players were out of the state. Immaculate conception anyone?
"Kidnapping" sounds ominous (and is supposed to, to a defendant) but in fact it is as little as pushing somebody from one room to another. In this case, the claim is that they dragged her into the bathroom. That's Nifong's last hope in this case.
and the North Carolina Bar Association should immediately investigate this guy for unethical and illegal actions. He should be investigated for sanctions by the bar association.
lawyers can say that whatever redness and swelling was present in the vaginal area could have come from that, especially if she did not use lubrication.
I am sure the defense is also following up on the Durham 5 who left their DNA on her (who might be the rapists if a rape did occur as the people of Durham insist).
I agree. But, lawyers/judges wrote the rules on governing and punishing lawyers/judges. So, they will have to do it through the bar association unless it could be proved it was a criminal violation this puke did. But, it will have to go through the bar association unfortunately.
"If there ain't no jizz,
this case ain't got no sizz!"
quote - the late J Cockroach
I agree, this case has been DOA for months, but the Times is acting like this news all of a sudden turns the case around. K=Heck, I think if you look at the AP and NYT stories after the Friday hearing, the concentrated on the paternity tests, they seemed oblivious to the bombshell Meehan dropped.
The MSM is so far behind the curve on this story it is sad. Journalism degrees, tons of resources, professional standards, et al, and they are still struggling to understand this story, when Freepers understood the whole issue in a matter of about 3 weeks.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.