February 27, 2007
DUKE (NON) RAPE UPDATE:
Defense attorneys have continued to scrutinize Meehanâ€™s data, however, and todayâ€™s motion reveals that they have uncovered even more DNAâ€”from additional unidentified malesâ€”that Meehanâ€™s amended report failed to include. . . .
Mike Nifong obtained the indictments of three people on a charge of rape, in which the accuserâ€™s then-present version (her April 6 statement) claimed that the crime had included anal rape. Even if North Carolina did not possess an Open Discovery law (which required turning over of all material to the defense), and even if North Carolina law did not require turning over of all test results obtained from a non-testimonial order to the defense, how would it not be exculpatory to have â€œdiscovered the DNA of at least two males in the accuserâ€™s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sampleâ€?
After all, this is the same Mike Nifong who in a 2000 case dismissed an indictment on rape because â€œresults of DNA testing exclude the defendant as the perpetrator of this crime.â€
The politics were different then. But it’s starting to look as if Nifong should wind up in jail himself. This goes way beyond simply prosecuting a weak case.