Lab Director: No Conspiracy to Hide Evidence From Defense

Jun 14, 07:58 AM

Current Headlines: By AARON BEARD

By Aaron Beard

The Associated Press

RALEIGH, N.C.

A lab director who tested DNA in the Duke lacrosse rape investigation testified Wednesday that the district attorney never asked for a final report on his work, but he and Mike Nifong did not conspire to hide evidence from the defense.

"We did not withhold anything," Dr. Brian Meehan said.

The North Carolina State Bar has charged Nifong, the Durham County district attorney, with violating rules of professional conduct in his handling of allegations that a stripper was raped at a party thrown by Duke's lacrosse team.

One of the charges cited by the bar said Nifong kept from the defense details of test results that found none of the players' DNA matched material found in and on the accuser.

Despite those results, Nifong won indictments against three players - all of whom were later cleared by state prosecutors, who called them "innocent" victims of a rogue prosecutor's "tragic rush to accuse."

If convicted by the disciplinary committee, Nifong could be stripped of his license to practice law in the state.

Meehan said Nifong hired his private lab, DNA Security Inc., to analyze evidence samples from the accuser for male DNA. He said an initial report he provided to Nifong was never intended to be all- inclusive, and Nifong never asked for a final and more complete report on his lab's findings.

"We don't typically force-feed reports to clients," Meehan said. "When he was ready for a final report, we thought he would let us know."

In May 2006, Nifong released that initial report to defense attorneys, who quickly trumpeted the news that Meehan's lab had been unable to find a conclusive match between the accuser and any lacrosse players.

I t wasn't until much later that the defense received the background details of the test results, which indicated there was genetic material from several males found in the accuser's underwear and body, but none from any member of the lacrosse team.

In December, Meehan said he didn't include that information in the May report as part of an agreement with Nifong. Under cross- examination Wednesday by Nifong's attorney, David Freedman, Meehan said he was concerned that releasing all that information would have violated the privacy of those tested.

Meehan said that had Nifong asked for the information, he would have turned it over. He hinted that defense attorneys should have noticed right away that it was missing.

Also Wednesday, Durham police investigator Benjamin Himan testified that Nifong never asked him to withhold evidence and didn't coach him before his grand jury appearance. Himan also said Nifong knew about the accuser's history of mental illness and a previous accusation of rape that didn't lead to an arrest .

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