Brocker says Nifong had read the SANE report that said no condoms were used. On March 30 the SBI said there was no DNA. On March 31 he spoke to the SBI about that but on the same day he told MSNBC that there would be no DNA if a condom were used. So he was already moving the goal posts. Brocker: “He’s admitted that there was no evidence to support that statement.”

Williamson: Are you inferring dishonesty by Nifong as a strategy to deal with the lack of DNA?

Brocker: Says Nifong made these statements at a time when he knew no condom had been used. It was dishonest in that sense and was part of a larger strategy to deal with the lack of DNA. It is still a violation. “This condom statement is dishonest.”

Brocker continues after questioning by Williamson. Now discusses April 10, when Nifong learned there was DNA. And on that same day at NCCU he said no DNA doesn’t mean nothing happened. Brocker: But he does know that something has been left behind, the DNA that was from other males. This was misleading.