Looking at Evans’ May 26 request. Nifong says he had already met that request. Didn’t read it.
Looking at June 19 letter with same request, putting Nifong on notice that they wanted to know what he had been told in his meeting with Meehan on April 10. Brocker: You had said you had had no such discussions with Meehan. Nifong: Said he got that confused with the May 12 meeting.
Brocker reads from court transcript where Nifong says they never discussed anything that wasn’t protected work product. Nifong again says he confused the April 10 and the May 12 meeting. Nifong: “It appears that’s what they were asking about but it appears that’s not what I was answering.”
Nifong: Says he doesn’t look over things as attentively as other people because his expectation is that whatever it is, he would give it to the defense.
Brocker: Two players had already been indicted but you never went back through this to see if there was exculpatory information that needed to be shared with the defense? Nifong: Not fair to say he didn’t give exculpatory info when he gave them specifically exculpatory information. [Huh???]
Brocker: Cites another request for exculpatory info. Nifong: That’s right. Brocker: You responded to Judge Smith that you had given the everything. Nifong: Yes.
Brocker: Reads from the transcript where Nifong answers Smith that “there are no other statements made to me.” And the court relied on that statement to deny the defendants access to notes of that meeting. Nifong: Yes.
Brocker: This is the hearing you referred to this as a witch hunt but this witch hunt is what led to the exoneration of the players.
Brocker: You maintain these are not intentionally false statements because you believed they contained everything and you never read them? Nifong: Yes.
Brocker: But you read to the court a letter saying that for privacy reasons some things had been left out. Reads from Mr. Kingsbery’s statement that they were seeking everything from DSI. Said he was concerned about additional male DNA and stresses that this is exactly what they were seeking. It’s clear from Kingsbery’s comments that he wasn’t aware of any additional male DNA. Nifong: Not sure what’s clear. Says Kingsbery’s statement “didn’t trigger any memory in me” of any additional male DNA.