February 27, 2007

DUKE (NON) RAPE UPDATE:

Defense attorneys have continued to scrutinize Meehan’s data, however, and today’s motion reveals that they have uncovered even more DNA—from additional unidentified males—that Meehan’s amended report failed to include. . . .

Mike Nifong obtained the indictments of three people on a charge of rape, in which the accuser’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 “discovered the DNA of at least two males in the accuser’s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sample”?

After all, this is the same Mike Nifong who in a 2000 case dismissed an indictment on rape because “results of DNA testing exclude the defendant as the perpetrator of this crime.”

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.