Nifong deliberately concealed the fact, as established by his own DNA expert, that the DNA of several men was found in the accuser, and that none of the DNA was from any of the Duke lacrosse team!!
On the stand at a pretrial hearing was Brian W. Meehan, director of a private laboratory that performed extensive DNA testing on rape kit swabs and underwear collected from a stripper only hours after she said that she had been gang-raped by three Duke lacrosse players after performing at a team party in March. Mr. Meehan’s tests on the swabs and underwear had detected traces of sperm and other DNA material from several men.
But his tests had found something else, too: none of that DNA material was from the three players, or any of their teammates.
Finally, a defense lawyer asked Mr. Meehan if the decision not to report complete test results was "an intentional limitation" arrived at between him and Mr. Nifong.
"Yes," Mr. Meehan replied.
The courtroom, packed to standing room capacity with supporters of the players — who have always said they were innocent — erupted with applause.
The woman had told investigators that before the party, she had not had sex for about a week. How, then, to explain the DNA?
Finally, why had Mr. Nifong failed to disclose this information for so many months, and repeatedly told the judge that there were no such results?
And then, Nifong utters this:
Mr. Nifong said the defense attack on the DNA report revealed a ruthless strategy aimed at vilifying him and intimidating a victim of a brutal assault. "The whole point was the vilification of the district attorney, I believe," he said during a three-hour interview in his office on Thursday.
But I think Nifong cannot overcome this:
As Mr. Meehan and Mr. Nifong now agree, the two discussed all of DNA Security’s main findings, including those that were omitted from the final report, during two meetings in April.
Defense lawyers point to court hearings in which they repeatedly pressed Mr. Nifong to reveal all the evidence he discussed with Mr. Meehan during those two meetings.
According to transcripts of those hearings, Mr. Nifong repeatedly told Judge Smith that there was no evidence discussed during those meetings other than the test results reflected in the DNA Security summary report.
http://www.nytimes.com/...
The above article relates repeated instances where Nifong assured everyone that all he had was out there, that the defense had everything, etc.
His defense is, he was gonna give it to 'em before trial, whose date has not been set. As if that excuses the rank lying to the defense attorneys, the court, and the press, and the prejudice to the defense given that the trail of donors of the DNA found in the accuser may have gone cold.
This DNA news, out last week, probably played a role in yesterday's (see below URL) dropping of the rape charges, but Nifong vows to proceed on the remaining kidnapping and sexual assault charges as long as the accuser sticks to her story (as if she is the one who must exercise prosecutorial discretion-- Jesus!!).
http://www.nytimes.com/...
My first hope is that this DA is removed from office for misconduct.
My second hope is that all the Kos posters who determined these guys' guilt based on their skin color and the skin color of the accuser, their economic circumstances, the fact that they are on an athletic team at an elite and largely white school and hired a woman to strip, will atone somehow for their eager and arrogant presumption, their abyssal ignorance, and the weakness of their dedication to due process and democratic (small d) norms.
UPDATE: The poll appearing below was something I thought about having, but then decided not to. Apparently, polls are not able to be removed even tho the edit process lets you think they can?
Also, the law on suing prosecutors is pretty tough. If he didn't shoot them or plant actual evidence, they probably will not be able to overcome his immunity without divine intervention.
Finally, each state has removal statutes for DAs, impeachment is typically reserved for statewide officials of a certain rank. But I don't know diddly about NC, there may be an exception.
Have a Merry Christmas