“In a recent court hearing, Nifong agreed that under state law, he would have to hand over a written report recounting anything the woman said about the incident. But Nifong told the lawyers in a hearing last month before Superior Court Judge W. Osmond Smith III, that he had no statements to hand over.”“In a motion Nifong filed Sept. 20, Nifong wrote that the woman told him that she had not taken the drug Ecstacy on the night of the party.”"’The necessary implication is that, as of the date of our hearing before Judge Smith, you had spoken with [the accuser] about the facts of the case,’ Cheshire and Bannon wrote in the letter."
"In the letter filed Wednesday, defense attorneys cite two pieces of evidence indicating Nifong has discussed the facts of the case with the accuser: a court motion in which Nifong states the accuser told him she had not taken Ecstasy on the night of the party, and comments from the chairman of a local political action committee saying that Nifong said "he's the only one that's interviewed this victim.""It is clear that you have spoken with (the accuser) about the facts of this case. ... It is equally clear that we still have no reports of any factual statements (the accuser) has made to you in the investigation and prosecution of this case, whether in the presence of others or not," the attorneys wrote."The defense also said that it had not received any handwritten notes from Durham Police Investigator Benjamin Himan for his activities in the case after May 15; no reports from Himan after June 26; and no reports from Sgt. Mark Gottlieb since July 14. Defense attorneys also asked for any reports on the activities of Linwood Wilson, an investigator in Nifong's office."
"According to the Cheshire letter, Nifong, remarkably, has given the defense no material produced by Wilson. The district attorney, as of March 24, functioned as the de facto head of this investigation. Surely the defense is entitled to the reports of all the people who worked under him."
"Yet again, the district attorney has flouted the Open Discovery Law by refusing to produce evidence until the defense demands it, despite his obligation to turn over all evidence, and to have done so months ago."