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For months, Bannon and other defense lawyers had pressed Nifong to release all the DNA evidence. Bannon pushed for the notes from the three trips Nifong made to DNA Security. Nifong said there were none.

Bannon was skeptical. A prosecutor, a scientist and two investigators met three times to discuss one of the most complicated areas of forensic evidence, yet not a single note was made?

At a September hearing, Nifong insisted that DNA Security's 12-page report contained all the DNA findings, and he mocked Bannon's efforts as a witch hunt. Judge W. Osmond Smith III asked Nifong whether there were other statements from lab director Brian Meehan. "No other statements," Nifong said. "No other statements made to me."

Smith ordered Nifong to turn over all documents and raw data from DNA Security. On Oct. 27, Bannon received 1,844 pages of technical documents.

Bannon, a lean and youthful 36, spread the papers out on a big table in a conference room in his law firm's fourth-floor office, overlooking Fayetteville Street in Raleigh.

Bannon looked through the stack of numbers, squiggly lines and acronyms. The documents showed electropherograms and extractions worksheets. An English major in college, he had bought a textbook to guide him: "Forensic DNA Typing: Biology, Technology, and Genetics of STR Markers," by John Butler of the National Institute of Standards and Technology. The conference room became Bannon's virtual home as he worked 18-hour days, going through each document, page by page, line by line.

Four others' DNA

After a month, Bannon had decoded the documents: DNA Security's Meehan had found DNA from at least four unidentified men on Mangum and in her underwear.

Nifong had never disclosed these results, even though the new discovery law required him to hand over "a report of the results of any examinations or tests conducted by the expert."

Nifong had done nothing to identify or investigate these men.

Bannon filed his findings with the court and Nifong two days before the hearing scheduled for Dec. 15. Before the hearing, Nifong, defense lawyers and Judge Smith met privately in a small conference room next to the grand jury room.

Nifong said he didn't know about the withheld results. "I just, in terms of the discovery issues, frankly, you know, I got the [motion] and I was like, 'whoa.' So I immediately faxed a copy to Dr. Meehan and said, 'Read this, and I'll call you in the morning and get your opinions about this.' And we discussed it, and I said, 'This is a major issue for the defense. They're entitled to hear about it, and I think it needs to be addressed right away.' "

When the hearing began in open court, Nifong made a similar statement: "The first I heard of this particular situation was when I was served with these reports -- this motion -- on Wednesday of this week. ... It's crucial that everybody have access to all of the evidence in this case."

Nifong faced a difficult decision. He could have told the judge that there had been a mistake and that he would fix it by having Meehan provide an updated report with all the test results.

Instead, he called Meehan to take the stand. Nifong had not notified defense lawyers Meehan would be present. The lawyers had not prepared to cross-examine a scientific expert on DNA.

It turned out that Meehan was not prepared. Nifong had not provided him with the lab documents that Bannon had focused on.

Bannon walked him through the documents, and Meehan repeatedly admitted that he and Nifong had agreed not to report that he found DNA from unidentified men in the rape kit. Meehan admitted violating his laboratory standards by not reporting the results of all tests.

When Meehan said he and Nifong intentionally agreed not to report the results of all tests and examinations, some supporters of the players burst into applause.

Meehan testified sitting straight in front of Nifong, about 12 feet away. The prosecutor looked ashen, resting his face in his hands or staring down at the table.

His expert had just become a witness for the defense.

Coming Wednesday: Another new version of events.

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