Nifong still on the stand.
Discussing his policy on discovery during his career. Says he’s always believed in open-file discovery. Said if he was worried about turning something over then that meant he should turn it over and if he wasn’t worried then there was no reason not to turn it over? Huh?
Said people in his office would come to him if they wondered if something should be given to a defense attorney and he’d advise them to give it.
May 15, Evans indicted. Before that day, did you have conversations with any officers about what they should present to the grand jury? No. Did you ask them to withhold anything? No. Says he’s never coached a cop in advance of grand jury testimony.
Talking about Mark Simeon suit against then-DA Ron Stephens regarding calendaring of cases. Resulted in a case-management system requiring three settings: first to see if counsel is appointed, second setting is when defense sits with judge and DA to discuss possible resolution, third setting is time when case is pled via a plea agreement or a non-guilty plea is made.
May 18, 2006. Gave out discovery packets to everyone on that day, including Evans’ attorneys, he says. Looking at receipts for discovery for all three defendants. Witt asks if these were provided pursuant to the process he outlined earlier today. Nifong: Rambling, with qualifiers. Said he wasn’t involved, er, admin. assistants do this, er, when I was ADA I did my own, er, first response prepared by someone other than myself.
His eye is twitching noticeably during this testimony.
