Williamson discussing the Dec. 15 transcript of the in-chamber meeting. No objection from defense on putting the transcript into evidence.
Williamson has questions for Bannon. Have you ever had any cases before with Nifong? Bannon: No, sir.
Asks about June 22 hearing where Nifong claimed the Meehan report was a protected work product and not public.
Also asks about March 30 letter from Cheshire to Nifong. Bannon says Cheshire the primary drafter and Bannon reviewed it and suggested edits but substance of content was Cheshire’s.
Williamson focuses on paragraph putting Nifong on notice that his comments give the defense license to respond in kind. Bannon says rules of conduct allow defense to respond when a case is taken to the public. “It was the collected wisdom…that we were ethically not just allowed but required to respond.”
Rule 3.6c allows defense lawyers a proportional response. Bannon explains his involvement with the ABA 2000 committee that created the rule, so he had significant familiarity with the rule and the exceptions allowed.
Williamson: Outside of this letter did you have any discussions with Nifong about this? Bannon: He didn’t respond to us, so, no, we didn’t have any conversations.
