Dave Evans' attorneys are
going after Durham Police and District Attorney Mike Nifong hard,
essentially calling them, in legal terms, liars and cheats.
According to new documents filed with the court, the defense is accusing the
police and Nifong of withholding evidence, and thereby manipulating the case.
First, they are claiming that there were two photo lineups, and that in the
first one, the accuser did not identify Evans.
The documents also allege that the accuser first said she was groped but not
raped, but then changed her story.
The defense also claims that the Sexual Assault Exam Report is incomplete;
specifically that "discovery only contains documents related to Steps 1,2,
10, 11 and 17."
They also allege that two recovered cell phones are not listed.
There's more, but the upshot is this: "multiple law enforcement officers
who participated in investigative activities in this case did not record their
activities as required by law; or they did not turn those records over to
the District Attorney's Office as required by law, or the the District
Attorney's Office did not turn them over to the Defendant as required by
law."
And they're asking the judge to order full disclosure.