Says he learned on Dec. 13 when the defense filed motion for discovery. “I got the motion and I read over it and my first reaction was a variation of ‘Oh, crap!'”, the information was not in there “in a direct form.”
Lots of discussion now that is confusing about all the discovery motions, his procedure, hypothetical discovery circumstances, etc. Seems designed to show this was all just an oversight.
Says he used Linwood Wilson for discovery request action. Maybe that’s the problem.
June 22 hearing issue came up regarding whether defendants had everything. Did you represent to the court that they had everything? Nifong: Doesn’t recall precise response but in terms of having the report I did indicate I had turned over everything Meehad had given me. Now lots more qualifying.
Did you go back to check that you hadn’t missed anything in the first 1,278 pages? Nifong: Not for that purpose, meaning to see that they had everything Meehan had given him, but just to view the odd document here and there.
Discussing June 22 order regarding DSI discovery. Did the judge order the underlying data be given to defendants? Nifong: I believe that he did say that I would furnish them underlying data “at a reasonable time specified by the court.” Did you understand this meant you had to produce it? Nifong: Yes, but not that there was any date by which I had to do it.
Why didn’t you memorialize your discussion with Meehan on the meeting where you learned of the additional male DNA? Nifong: Cites some state case that says you don’t have to write down every meeting you have with a witness, State v. Shannon. So he hadn’t made an attempt to memorialize all the statements made to me. “It wasn’t my practice to take extensive notes.” State v. Shannon was being argued by the AG at the time, ultimately decided in Jan. 2007, by Court of Appeals.
Williamson steps in: Did you take the AG’s argument to mean you didn’t have to take these notes, that they were protected as work product, that they excuse your failure to disclose this info? Nifong: Because I wasn’t taking notes and didn’t write it down, then I didn’t know that I hadn’t given the defense this info. Again reiterates that he should have given them the info.
