Nifong says most of the photos she did not recognize. Did recognize Dan Flannery because he had paid her. She ID’d four people who she saw at the party. One she said “looks like one of the guys who assaulted me.” Nifong says once she started they didn’t want to stop the procedure.
Two photographs, Finnerty and Seligmann, she said they were two who assaulted her. She showed emotional response to Finnerty’s photo. Said Evans looked like one who assaulted her but that he had a moustache. Said 90 percent certain Evans was an assailant.
Gottleib and Himan said they both found here believable.
When this photo lineup was done, the SBI had already received the DNA samples of the players. Nifong says he spoke to Agent Leyn on March 30, according to Leyn’s photo logs. Says they had all the player DNA reports by April 10. They made a copy for all the players and put them in envelopes with each attorney’s name and players represented and called them to have them pick them up.
Says he learned of results as they were going on.
What is your understanding as to what you needed to report to the defense? Nifong: My practice was to always share the reports when I had a written report. Says he’s always done it that way. Says this was particularly “laborious task” with so many suspects.
Why did you go to an outside lab after the SBI testing? Nifong: SBI told him that there were some items that showed a mixture of DNA that they could not separate out. Was told this could be done by special testing, gave him a list of labs who did that.
Leyn testified there was a rush. Who rushed it? Nifong: We did. The school year was about to end and many of these suspects were from out of state.
