Now, the Sept. 22 hearing before Judge Osmond Smith. What did he do to get ready for that hearing? Nifong: Lot of it he assigned to Linwood Wilson. Regarding SBI lab request and DSI, he faxed requests to both of them. Says he went through it item by item and asked if they had this and if they had any objection to providing it. Says SBI lab had some restrictions on things they did and had some objections. He made notes (hey, he made notes!). But Meehan didn’t object to providing anything but that there would be a cost. He also renewed his concerns about releasing the complete DNA profiles for each player, Nifong says. He asked him to put that in a letter to the court.
Says he didn’t object to any request from defense for the underlying data. Said he did make “a snide remark,” or a “smart-aleck expression.” This was the “witch hunt” comment made in court. He said he was criticizing the defense for saying on the one hand that the DNA doesn’t match anyone and thus exonerates them, and on the other hand they’re attacking it.
After the hearing, did the court order the state to provide the underlying data? Nifong: Yes.
Said it came to his attention that the SBI needed a court order to release their info. Looking at the fax from Brad Bannon containing the proposed order discussed yesterday. Witt points to wording “final report of DNA Security.” Witt: You make no objection to the wording “final report.” Nifong: No, I didn’t object.
Witt: Did you believe the May 12 report from DSI was final or interim or what? Nifong: Never thought much about it.
Nifong: Knew some additional testing was going on but didn’t think of it in terms of final or interim report.
Witt: What steps after that did you take to make sure you got all the info from Meehan? Nifong: I didn’t take any steps. Witt: Why not? Nifong: “Because it never occurred to me that I needed to.”
