Now reading from the proposed order faxed to Nifong: Order says Nifong called Meehan’s report a “final report” and said there was nothing in addition to produce. Bannon said Nifong told him in a phone call that the DNA Security info was voluminous and he didn’t know how he was going to get it copied, the cost, etc. Bannon said maybe we can just get a single copy and we’ll make additional copies for ourselves. He said that Nifong then brought up a letter Bannon and Joe Cheshire sent and Nifong to “extremely upset about that letter” and wanting to know “why we were always accusing him of withholding information.”
“His volume kept going up and up and up and he wouldn’t let me respond and then he hung up on me,” said Bannon.
Bannon reading from a letter from Nifong on Oct. 24 about the proposed order. Nifong expresses concern about two items, “otherwise the proposed order seems satisfactory.” The order later signed by Judge Smith, on Oct. 27, retroactive to September. Paragraph 4, which Nifong had a problem with, was unchanged in the final order.
Bannon: On Oct. 27 we received the materials from DNA Security. Hearing was on the same day and they hadn’t had time to review the materials. “We had just gotten it.”
Two large three-ring binders are brought out. They are the 1,847 pages of the info received from Nifong. Bannon says there was a cover letter but no report or synopsis of the info. It included lab protocols, a CD ROM, documents on chain of custody, validation studies, proficiency tests, profiles of evidence handlers, CV of lab people, etc., were included, Bannon says.
