Witt: At Sept. 22 hearing Judge Smith ordered underlying data to be provided to defense, correct? Bannon: Yes.
Witt asks Bannon to read from transcript of hearing. Portion is Nifong expressing concerns about a small private lab being able to react to such an extensive discovery request. Fee is $500 per hour plus $160. Total cost is $4,035, Meehan said in a letter to Nifong. Letter discusses the privacy concerns and says the report was limited to only the reference samples, i.e., the players. Nifong then said giving the info is up to the court and “I take no position on that.”
Witt: He did not object, did he? Bannon: No.
Witt misunderstood that Bannon offered to get one copy of the material and copy it for all three defendants. He thought it was Nifong who suggested that and that the defense, spitefully, said no. Bannon explained that he offered it but that the other defense attorneys thought that would be a problem should the information be found later to not contain everything.
