From the Raleigh News & Observer (Saturday, 12/16/06):
Head of DNA Lab Says He and Nifong Agreed Not To Report Results
By Joseph Neff, Benjamin Niolet and Anne Blythe, Staff writers
The head of a private DNA laboratory said under oath today that he and
District Attorney Mike Nifong agreed not to report DNA results favorable
to Duke lacrosse players charged with rape.
Brian Meehan, director of DNA Security of Burlington, said his lab found
DNA from unidentified men in the underwear, pubic hair and rectum of
the woman who said she was gang-raped at a lacrosse party in March.
Nurses at Duke Hospital collected the samples 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.
Meehan struggled to say why he didn't include the favorable evidence in a
report dated May 12, almost a month after Seligmann and Finnerty had
been indicted. He cited concerns about the privacy of the lacrosse
players, his discussions at several meetings with Nifong, and the fact that
he didn't know whose DNA it was.
Under questioning by Jim Cooney, a defense attorney for Seligmann,
Meehan admitted that his report violated his laboratory's standards by
not reporting results of all tests.
Did Nifong and his investigators know the results of all the DNA tests?
Cooney asked.
"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 you and
the district attorney? Cooney asked.
"Yes," Meehan replied.
At that answer, several people in the packed courtroom clapped. Superior
Court Judge W. Osmond Smith III warned the standing-room only crowd
to be quiet or leave.
Meehan's testimony differed from a statement Nifong made at the
beginning of today's hearing.
"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 clarified his remarks to say that 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.
Joseph B. Cheshire V, a lawyer for Evans, said he was troubled by today's
testimony.
"If any of the lacrosse players were excluded, they simply wouldn't put it
in the report," he said. "It raises some troublesome questions about
(Nifong), who has an obligation to disclose exculpatory evidence and turn
it over to the defense."
In a response to reports that the accuser in the Duke lacrosse case gave
birth recently, UNC Health care issued a statement at about 1:30 p.m.
saying that the woman is at UNC Hospitals for care related to her
pregnancy but has not given birth.