Duke lacrosse persecution looks abusive

Raleigh News-Observer:

The head of a private DNA laboratory testified Friday that he and District Attorney Mike Nifong agreed last spring not to report DNA results favorable to Duke lacrosse players charged with rape.

The testimony of DNA Security director Brian Meehan could create difficulties inside and outside the courtroom for Nifong. The district attorney did not challenge Meehan's testimony, but he said after court that he did not withhold evidence. He said the defense could have asked for that material all along.

North Carolina law requires Nifong to hand over all evidence regardless of whether it has been requested. The sanctions for violating this law could include a dismissal of all charges against the three players.

Friday's testimony also will provide grist for those calling for Nifong to be disciplined or prosecuted. A North Carolina congressman recently asked the FBI to investigate the case. And the N.C. State Bar has received a number of complaints calling for Nifong to be disciplined for his public comments condemning the lacrosse players and for directing a police photo identification lineup that violated Durham Police Department policies.

"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.

In court Friday, Meehan said his lab found DNA from unidentified men in the underwear and body of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected her underwear and samples from her body a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case.

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There is more. If I was on a jury I would convict Nifong and and let the defendants go home. If the man has any evidence beyond the statements of a witness who lacks credibility, he has yet to produce it in a way that the public could be aware of it.