TO: Michael B. Nifong
Upon motion of the defendants and on its own motion, the Court finds probable cause to believe that you should be held in criminal contempt of court for your willful behavior committed during the sitting of the Court in its immediate view specifically, that while appearing before the Court in your capacity as District Attorney in the prosecution of these actions, you willfully and intentionally made false statements of material fact to the Court on September 22, 2006 by representing to the Court that the May 12, 2006 report of Dr. Brian W. Meehan as provided to the defendants included all of the statements made by Dr. Meehan to you regarding the results of all examinations and tests conducted by DNA Security Inc. and that there was nothing else to provide; and in doing do, you thereby failed to disclose the existence of material exculpatory and impeachment evidence within your knowledge that the defendants were entitled to under our laws of discovery. This behavior is in violation N.C.G.S.5A-11(a)(2).
Location: Durham County Criminal Superior Court
Date: Thursday July 26, 2007
ISSUED this the 28th day of June, 2007
W. Osmond Smith, III