Kingsbery got in touch with another DNA expert, this one in California, and she also confirmed that the 40-page memo was correct in its findings.
He said this was “the most compelling evidence of innocence” we had seen in this case and “we were all bewildered” that it hadn’t been provided before.
Brocker: Any assertion of misconduct on the part of Nifong in your order?
Bannon: No, because we didn’t know. We just knew we hadn’t received it.
Now reading from the order. It asks that Meehan be made available to discuss it under oath. Bannon says he had no idea Bannon would be at the Dec. 15 hearing. Bannon says Nifong never notified the defense that Meehan would be there. Before the hearing they met with Judge Smith in his chambers regarding the mental health records of Mangum, the accuser. Motion to compel was also discussed. Transcript of the meeting was sealed because of the medical records discussion.
Nifong brought up the motion to compel. Bannon: Nifong said the first he found out about this was when he got Bannon’s motion “and he said, Whoa!” Nifong said he knew that this was info the defense was entitled to. “It was clear that what he was saying was that he didn’t know about this exculpatory evidence.” Objection. Overruled.
Bannon: His reaction said to me Nifong didn’t know about this and thought it was important and that he would rectify it.
Williamson now questioning Bannon. Did the order to seal the transcript extend to all of the meeting or just to the medical info? Bannon: It was general. Order doesn’t specify. As a result, the transcript remains under seal.
Bannon: I would not want to be the one to provide it for you. But I’ve got it.
