Looking at exhibit 12B. It’s the voluntary written statement of Dave Evans. Flip to the last two pages.
Gave it on the night of March 16 and he lists people at the party. He names a person and writes neighbor in parentheses. Lists two more as neighbors. Also mentions two or three fraternity guys. Brocker: You said this morning that the universe of suspects were Duke lacrosse players.
Brocker: So, from the beginning of the investigation you knew not everyone there was a lacrosse player. Nifong: Said he read the statements but obviously didn’t recall the other people. Brocker: But you were wrong when you said that this morning? Nifong: Yes, to the extent that he said that.
Brocker: Can you get an NTO on anyone? Nifong: Have to have reasonable suspicion. Brocker: The NTO only contained lacrosse players, signed by David Saachs and the first page says “adult suspects.” So these people were identified as suspects.
Nifong: Points to page three where it says “subjects” and not “suspects.” Brocker asks if he disagreed with it. Says it was a very unusual order and was already done by the time he saw it.
Brocker: Are you saying there wasn’t reasonable grounds for suspecting these people of being the assailants? Nifong: Says it was unreasonable to think that all 46 committed the crime.
He’s smirking now. Says he doesn’t know how to explain other than to say that it was a done deal by the time he saw it and that it wasn’t written the way he would have written it but that he didn’t object to it.
Brocker: But you didn’t have a problem using the photos taken using the NTO? Nifong: Nor using the DNA swabs. We used the evidence we had.
