Jean said Durham police Inv. Benjamin Himan expressed concerns to his superiors about the case and the lack of evidence but that Nifong ignored those concerns and went ahead with indictments against Reade Seligmann, Collin Finnerty and David Evans.
In her opening statement, Jean detailed at length statements Nifong made to the media as well as meetings he had with the director of the DNA laboratory he hired, at which she said Nifong learned that none of the players' DNA matched that material found in and on the accuser.
The Bar has accused Nifong of keeping those test results from the defense and that he lied to both the court and Bar investigators.
From Nifong's lawyer:
It is not unethical to pursue what someone many believe to be an unwinnable case," Freedman said. "That is not an issue here today."
Freedman said Nifong made about 98 percent of his statements early on in the case before suspects were identified and charged. Nifong wanted to solve the reported crime and wanted to urge people to come forward with information about the case.
"And then, he stopped talking, realizing it would be improper to go on," Freedman said.
The state's witnesses:
State Bar prosecutors have also deposed Dr. Brian Meehan, the director of DNA Security, the lab that tested DNA evidence in the case. Meehan testified last year that he and Nifong agreed only to report to defense attorneys positive DNA matches to certain pieces of evidence. Several Durham police investigators are expected to be called by the State Bar.
Defense attorneys Wade Smith and Brad Bannon told WRAL they've been notified that they will be called to testify. Smith is expected to be the first witness for the State Bar and his testimony could take all day.
Nifong could be disbarred over his conduct.
Trial update here.