I.M.A.L.I.A.R

In consideration of Defendant Nifong’s failing memory, we have designed a mnemonic device to help him recall his April 10, 2006, meeting with Dr. Brian Meehan, Investigator Benjamin Himan, and Sergeant Mark Gottlieb. In grade school, many of us found it helpful to remember the Great Lakes by prompting our memory with the acronym HOMES (Huron, Ontario, Michigan, Erie, Superior). Roy G. Biv also proved handy when summoning the optical spectrum: Red, Orange, Yellow, Green, Blue, Indigo, and Violet. With this in mind, we offer the following memory aid to the Defendant in the interest of curing his selective amnesia.

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Investigator Himan's Notes:

• 4/10/06 12:56HRS - ARRIVED AT DNA SECURITIES MET WITH BRIAN MEEHAN DIRECTOR OF DNA SECURITIES. MR. NIFONG AND SGT. GOTTLIEB WERE PRESENT AT THE MEETING. (Defendant Nifong Exhibit I, Attachment B)

Meehan’s Court Testimony:

• Q: Do you remember your meeting with Mr. Nifong and Investigator Himan and Sergeant Gottlieb on April 10?
• A: I remember the meeting. (12/15/06 Hearing transcript Page 42, Lines 8-11)

April 10, 2006, Notes of Sergeant Gottlieb:

• 4/10/06 1256 - I attended a meeting at DNA securities held by Brian Meehan, Director. (Gottlieb Case Supplemental Notes Page 32)

LieStoppers Post:

• Later in the letter, Nifong’s selective amnesia goes into remission as he admits to “our April 10, 2006, meeting.”
• “But in the Jan. 16 letter to the bar, Nifong wrote about a May 12 meeting in which Meehan provided a report to the prosecution.
• "He also discussed with us the results of the tests he had performed since our April 10, 2006, meeting,' Nifong said.”

Item Number 8:

• "Item number eight, a report of the meeting on April 10, 2006, among you, referring to me, Investigator Himan, Sergeant Gottlieb, and Brian Meehan of DNA Security, Inc. At this particular meeting, Your Honor, we were given copies of the DNA Security report, which has previously been furnished to the defense team, and we discussed how we would be using those items and that report and that investigation at trial. Those items are not discoverable, no report has been generated. The report itself they have. The discussions are not available." - Defendant Nifong responding to discovery motion at June 22, 2006 Hoax hearing. (Hearing transcript page 16, lines 14-25)
• "As far as eight and nine, there's similar arguments I would like to make to the Court. I understand what Mr. Nifong said about eight and that is the report of a meeting on April 10th among Mr. Nifong, Investigator Himan, Sergeant Gottlieb, and Brian Meehan, and as I understand what he says, there was no discussion at all that wasn't attorney work product at that meeting." - Joe Cheshire at June 22, 2006 Hoax hearing. (Hearing transcript page 20, lines 17-24)
• "That's pretty much correct, Your Honor. We received the reports, which he has received, and we talked about how we would likely use that, and that's what we did." - Defendant Nifong responding to Cheshire's request for clarification of the Defendant's prior assertion regarding the April 10, 2006 meeting (Hearing transcript page 20, line 25 to page 21, line 3)

Additional Male DNA Discussed:

• Brad Bannon: So in that particular meeting on April 10, you told Mr. Nifong and Investigator Himan and Sgt. Gottliev that you had uncovered male DNA characteristics on these items but that it was pretty weak?
• Dr. Brian Meehan: That’s Correct. (12/15/06 Hearing Transcript Page 42, line 24 to Page 43, line3)

Responding to Brad Bannon Really Sucks:

• BANNON: The report actually wasn’t produced until May 12. So any meeting that occurred on April 10 or occurred on April 20 couldn’t have been a discussion of a final report or how it was going to be used in court. (9/22/06 Hearing transcript Page 26, lines 7-10)
• NIFONG: We explained to Mr. Meehan what kind of testing we wanted done [after he had already done it]... and so we discussed with him why we wanted that done in this case and he assured us that he could do it [after he‘d already started doing it]. When we went back to get the results [that I said in June we’re the substance of my April 10 meeting with him], he provided us with results…(9/22/06 Hearing transcript Page 27, lines 4-5 and lines 14-16)