Questioning of Meehan on Dec. 15

After the in-chambers meeting the defense said it felt relief that it appeared that Nifong hadn’t been withholding results. Then they decided the needed more time if they were going to question Meehan. But Joe Cheshire said they needed to go forward with the questioning that day.

Now looking at the transcript of Bannon’s questioning of Meehan. Brocker: Did you say anything alleging any misconduct on Nifong’s part? Bannon: No.

Bannon, reading from page 12 of transcript where he tells the court that none of the results of non-player DNA had been reported. Says it was an intentional decision not to make any allegations of misconduct. “We didn’t have enough facts to know,” Bannon says.

Now quotes from transcript with Nifong saying that the first he had heard of this was from Bannon, said this was important. Brocker: Did Nifong make any mention of an allegation of misconduct on his part? Bannon: No, not in court or in chambers.

Brocker: Did he at any point indicate he was aware of these reports? Bannon: No.

Now discussing what Meehan said under oath on Dec. 15.

Bannon reads portion where he’s asking Meehan if he just reported on May 12 any samples that matched only the reference samples of players. Meehan said “our client, Mr. Nifong” wanted only reference specimens matching players.

Again with the “non-probative.” Meehan says “this report was a specific request” from Nifong that we would only report items that matched evidence items. Meehan also concedes they discussed all of the report but only reported on a part of the findings. Bannon: Did Nifong ask you to write the report that way? Meehan: Not specifically. Cites concerns about DNA profiles and privacy, etc. Said Nifong agreed that “it was OK to do this.”

Meehan concedes, in his Dec. 15 testimony, that Nifong knew there was DNA that didn’t match reference swabs.

Now reading from Jim Cooney’s questioning of Meehan on Dec. 15. Again, Meehan concedes that only portions of the report were provided. Judge Smith had to admonish the crowd. When asked why, Bannon says, “Because people applauded.”