Posted on 01/19/2007 8:38:22 PM PST by freespirited
No that still isn't the way it went down.
Before the report presented to the court and the defense, was finalized, Nifong met with the lab director (Mehan if you say so) and discussed the DNA results. At Nifong's direction, the lab did not report the total results, and only put into the report what Nifong wanted.
This is a whole lot worse than "Nifong knew about it, but didn't tell", it is "Nifong knew and deliberately suppressed exculpatory evidence."
Well, it would be more than perjury in this case. If he gave it up on the first question, he'd be in far less trouble. It's unlikely the guy is a novice that just inherited a lab and this was his first case. He knows all of his findings must be reported. He conspired with Nifong. The defendants can sue him, because he didn't come forward on his own. The defendants have attys, and know what went down. I'm sure they'll do something for their clients that were maliciously prosecuted.
When you sue the county you are suing the voters (tax payers).
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You mean the ones really responsible for putting him in office? Makes sense.
That is the law here in NC any magistrate, clerk of court and DA has judicial immunity. I have never agreed with this because police do not have that type of protection.
The point in that sentence and the purpose of the conspiracy was to withhold evidence. Withholding evidence is what makes it bad. In general, it takes at least 2 to withhold evidence. Since the lab director just makes one version of his report on findings and that must include all findings, the only way to get evidence withheld is to have the report altered. To make a conspiracy, they both have to participate in the withholding. Nifong can not hold back evidence he is aware of and the lab director must present all findings to the court.
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