The prosecution is continuing to discuss Nifong’s court actions in a September 2006 hearing regarding the DNA discovery.
Brad Bannon reads from a Nifong letter that expresses concerns about the cost of DSI in responding to the discovery request. Also reads portion of a letter from DSI’s Brian Meehan that says reports were limited to people who were thought to be suspects in the case because of privacy reasons and cost reasons.
Bannon reads from comments by Collin Finnerty lawyer Doug Kingsbery in court making clear that they were seeking DNA from anyone, not just lacrosse players, that might have been found on the accuser. Bannon says Nifong never offered to actually disclosed that there was DNA that did not match the accused players. He said he didn’t believe at the time that there was other DNA that matched other males. Said that was not why they asked for these materials.
Now looking at Oct. 19, 2006 fax he sent to Nifong. SBI told him they’d need a court order to release info to Nifong so that he could release it to the defense team. So he drafted an order and faxed it to Nifong. Time of the essence, he said, because Judge Osmond Smith was going on vacation and next day was the deadline for providing materials.
