DNA Security director Brian Meehan dealt yet another blow to the crumbling Duke lacrosse prosecution yesterday with this testimony about DNA test results from his lab that were not provided to the defense:
[Defense attorney Jim] Cooney continued: Did Nifong and his investigators know the results of all the DNA tests?
“I believe so,” Meehan said.
“Did they know the test results excluded Reade Seligmann?” Cooney asked.
“I believe so,” Meehan said.
Was the failure to report these results the intentional decision of Meehan and the district attorney? Cooney asked.
“Yes,” Meehan replied.
At that answer, several people in the courtroom clapped. Superior Court Judge W. Osmond Smith III warned the crowd to be quiet or leave.
Nifong then changed his story about the results:
At the beginning of Friday’s hearing, Nifong made a statement that differed from Meehan’s subsequent testimony:
“The first I had heard of this particular situation was when I was served with this particular motion” on Wednesday, Nifong told the judge.
After court, Nifong amended his remarks and said he knew about the DNA results.
“And we were trying to, just as Dr. Meehan said, trying to avoid dragging any names through the mud but at the same time his report made it clear that all the information was available if they wanted it and they have every word of it,” Nifong said.
A Duke law professor sums it up:
“I tell you, the more you hear about his missteps, the more you have to question whether it’s purely a matter of incompetence or worse,” said James E. Coleman, a law professor at Duke University who has been critical of Nifong.