Wants a directed verdict because evidence presented by Bar from Meehan “clearly establishes there was no agreement” between Nifong and Meehan to withhold evidence. It was done by Meehan alone. Says State Bar has not proved its case.
Katherine Jean responds. Said there has been much evidence showing that they agreed only to present “stuff that matched.” Nifong said “report the positive matches” and Meehan in fact agreed to do that, and that’s exactly what he did. By definition reporting only the positive matches means they didn’t report the other DNA of other males.
[Wikipedia def. of directed verdict: “In law, a directed verdict is an order from the judge presiding over a jury trial that one side or the other wins. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary. After a directed verdict, there is no longer any need for the jury to decide the case.”]
Jean: Nifong’s actions contrary to all of the standards of everyone involved in this process.
Williamson to Witt: Has been concerned that the order from Nifong asked for less than all the information from DSI. Said he heard Meehan say over and over there was no agreement, but we don’t just listen to his words but look at the actions and the whole record. Says sufficient evidence presented here to continue. The panel members agree. He denies motion for directed verdict.
Take a 10-minute break.
