Falling Apart at the Seams

The Duke case continues to circle the drain as the accuser's story changes with every telling, and now 60 Minutes has an interview that will air Sunday with the forensic expert involved in the case who admits that there are serious errors in how the evidence was handled.

The forensic expert hired by the prosecutor in the Duke rape case says he made a "big error" in judgment by not stating in his report that the only DNA he found on the accuser was from several men who were not on the Duke lacrosse team.

Dr. Brian Meehan speaks with 60 Minutes correspondent Lesley Stahl in his first interview about the controversial case this Sunday, Jan. 14, at 7 p.m. ET/PT.

Meehan acknowledged that he has never omitted potentially exculpatory evidence before. "We haven't done that before," he tells Stahl. "In retrospect, I should have done a better job of conveying that information."

Meehan has stated that he told the prosecutor, Durham County District Attorney Mike Nifong, about the other DNA for the first time in mid-April. Later that same month, Nifong indicted three Duke lacrosse players. Meehan has also said in court proceedings that he and Nifong agreed before the evidence tests were completed that his report should be limited to positive matches between the accuser and the players at the team party where she says she was sexually assaulted last March.

While those who have been following the case have known this for the better part of a month, that the story is getting wider play can only increase the focus on Nifong's actions and push this sad chapter in prosecutorial misconduct to a close. KC Johnson calls Meehan hapless. I'd call him a weasel, because he chose not to do the right thing from the outset and instead let Nifong lead him down this sad road.

Also, KC points out ongoing problems with Nifong's case relating to Colin Finnerty, who does not match any of the supposed psuedonyms used by the accuser. Considering that the accuser has said that Reade Seligmann did not engage in any sexual acts towards her, this already flimsy case is getting worse by the day.

Liestoppers doesn't mince words, calling the situation a hoax. LaShawn Barber calls this the latest version of the accuser's gang rape fantasy.

The thing is that Nifong had a duty to investigate the claims, but when the DNA evidence showed that the three defendants did not leave traces on the accuser, Nifong had the legal obligation to produce exculpatory evidence and to dismiss the charges when it became apparent that the accuser could not keep her story straight. That he has dragged his feet on dismissing charges and withholding evidence from the defense is blatant prosecutorial misconduct and must be addressed by the North Carolina Bar (which is currently investigating the matter).

UPDATE:
A Duke University professor resigned to protest the University allowing two of the three students back into the university (the third student graduated). Forget the way the University acted first, throwing the students out without even waiting for a trial, and when the DA's case started falling apart, realized that they had serious egg on their face and reversed the decision. Never mind the whole judicial process, this professor had their mind already made up.

UPDATE:
Ah, the joys of a Friday night news dump. ABC News has learned that Nifong has sent a letter to the North Carolina Attorney General seeking to recuse himself from the case. That's the absolute least that Nifong should be doing here. His handling of the case should be an object lesson to all prosecutors on what not to do in a case.

istrict Attorney Mike Nifong has requested that he have himself removed from prosecuting the Duke Lacrosse rape investigation, ABC News has learned.

A source close to the investigation said Nifong sent a letter to North Carolina Attorney General Roy Cooper asking his office to assume responsibility of the case. Calls to the Attorney General's office and Mike Nifong's office were not yet returned.

Three Duke Lacrosse players, Reade Seligmann, Collin Finnerty, and David Evans were indicted in 2006 on charges of rape, sexual assault, and kidnapping.

The rape charges were dropped in December after the accuser could not recall key details of the alleged attack.

UPDATE:
Randy Barnett, a former prosecutor, takes a closer look at the imploding case and credits the defense team for pushing matters in this direction. He also notes that many of the problems with this case stem from the politicized nature of Nifong's approach to the case.

UPDATE:
KC Johnson notes that only Nifong could recuse himself from the case:

"Under North Carolina law, as we all have learned, only the DA himself can recuse himself from a case. Significantly, the Nifong request removes his entire office from the case--including Linwood Wilson, or any of the ADA's who could be subjected to pressure from Nifong to try the case regardless of evidence."

Rusty thinks that the countdown to counter suits by the accused commences shortly. I would think that the defense team is already looking at that. Others weighing in on the latest news about Nifong seeking to recuse himself from the case and other related aspects: Outside the Beltway, Don Surber, Blue Crab Boulevard, Protein Wisdom, and Liestoppers.

Technorati: duke rape case, duke, nifong, lacrosse.