Brocker asks that a video be played. It’s the MSNBC interview Dan Abrams had with Nifong in front of the court house in downtown Durham. He concedes in the video that the three were “in a sense” cooperative. Bannon says just what I said below: that cooperation meant to Nifong saying that a sexual assault had occurred.

Now he reads the infamous March 31 quote by Nifong that if they were so innocent why did they need attorneys. “That’s alright, you don’t need to repeat it,” says Nifong’s lawyer. Bannon called the comment “outrageous,” especially from a prosecutor. “It’s noting anyone would ever be able to get away with doing in a court of law.”

Bannon points out that Evans went to the police station without a lawyer, offered to take a polygraph test, willingly gave DNA and hair samples and got his mug shot taken. “He did everything they asked him to do,” said Bannon.

Next he reads from reads a quote from Nifong that says if the only evidence they have is DNA then they won’t have a case. This is March 31, the day immediately after he learned from the FBI that there was no DNA match. Whoa!! Already backing away from a reliance on DNA.

Bannon says Nifong told him that if they wanted him to talk to Dave Evans they could have him brought to the police department and charged, otherwise he had nothing to say to him. What an arrogant ass (that’s me saying that, not Bannon).