Bannon says they never filed it after Nifong recused himself. Decided to allow the special prosecutors to do their work. Then they learned that the NC State Bar was looking into the same matter so they decided to let that unfold before they took any action.
Bannon: We met with special prosecutors and Judge Smith in January about the motion to dismiss the photo ID that the Durham Police arranged for Mangum. Agreed on date of a May 7 hearing. Says relationship between special prosecutors and defense was “professional.”
Brocker: Has Judge Smith taken any action regarding the Dec. 15 hearing? Bannon: No, because we haven’t asked him to.
Now discussing Judge Smith’s order retaining jurisdiction over matters in the case. “Significant” issues of discovery arose at the hearing, Judge Smith’s order reads, and they need to be addressed. Bannon: “We strongly advocated” the state attorney general’s office do a complete review of this case. “The great harm done to these young men by the state of North Carolina can only be undone by the state of North Carolina.”