Durham PD Investigator Himan offered explosive testimony today. Speaking in a low voice he frequently had to be asked to speak-up so he could be heard. Prosecutor for the State Bar, Doug Brocker, questioned him about the March 27 meeting where DA Nifong was briefed by Sergeant Gottlieb and himself about the case. Speaking in a barely audible voice Himan said Durham County District of Attorney Nifong had this comment after hearing the potential evidence.
"We are f**ked about the inconsistencies" DA Nifong
Prosecutor Brocker had to ask him to speak up again and repeat the phrase. Investigator Himan admission that he knew along with Nifong & Gottlieb that on March 27 there was little or no possible case left the crowded courtroom pondering why did Nifong then proceed to claim that a rape had ocurred during the week of March 27-31.
Later after no DNA came back matching the Lacrosse players he was told by DA Nifong that Reade Seligman would be indicted. Himan had this remark to him, "With what?"
"We didn't have any DNA. We didn't have him at the party," Himan testified. "It was a big concern to me to go for an indictment and not even know where he was, if he was even there. ... I didn't want to indict somebody that shouldn't have been indicted."
"He said it was going to be a circumstantial case - he said, she said - and that's how most rape cases are," Himan testified. "He said it was going to be hard to prove."N & O
However Himan never explained how it was that Gottlieb & himself were the only witnesses before the Grand Jury and these three innocent young men were indicted.
KC's DIW has a recap from the courtroom that is must reading.