Ruh, roh! Himan just said he didn’t think they had enough evidence to make a case. When he was told Nifong was going ahead with indictments, he said he responded, “With what? We didn’t have any DNA. We didn’t have them at the party.” So, how did it come to pass? What did he say before the grand jury if he didn’t think there was any evidence? Hmmmm.
UPDATE: Himan said Gottlieb relayed his concerns to Nifong. Gottlieb also told his captain and lieutenant, he said. Himan later met with Nifong about the issue before the indictments on April 17. He raised the concerns and Nifong said “If you believe her story in one part you have to believe her story in all parts. You can’t pick and choose.” Nifong told him there would be sealed indictments. Himan said he tried to contact Nifong on numerous times and also the players’ attorneys. None would return his phone calls, he said. So they went to Duke to try to talk to some of the players, he said. Attorneys told him that they’d already tried to give info to Nifong but he refused it, so they weren’t anxious to give it to Himan. Attorneys weren’t sure how it would be used. Himan said he was doing all this because “I didn’t want to indict someone that shouldn’t have been indicted.”