This memo is directly contrary to Det. Dowdy’s testimony and ADA Nifong’s closing argument at Mr. Howard’s trial that the homicides were “never” suspected to involve sexual assaults. The State has not submitted any explanation from Det. Dowdy or ADA Nifong as to why this memo is not directly inconsistent with Det. Dowdy’s trial testimony and ADA Nifong’s argument to the jury that the sexual assaults were never suspected as being connected to the homicides.
The December 1, 1991 memo documents information from a confidential informant that police received early on in the investigation that more than one perpetrator committed the crimes. The memo is directly contrary to the State’s theory at trial that the crimes were committed by a single perpetrator.
Evidence that the victims were sexually assaulted and murdered by more than one perpetrator, as indicated in this memo, is consistent with the post-conviction DNA test results identifying the sperm of two different men in the victims at the time of their deaths.
In addition, as set forth in Vann’s affidavit, the information in this memo “eviscerates the State’s theory at trial.” . . .
Det. Dowdy’s testimony that these crimes were never suspected to involve sexual assault was critical to the State’s theory that the DNA results that excluded Howard were irrelevant. Had the truth about the fact that the police did suspect these cases not only involved sexual assault, but also rape, this would have undremined the State’s theory at trial of the case and revealed Det. Dowdy’s testimony to be false and misleading . . .
In addition, the State has conceded that the informant memo was found in a file maintained by the Office of District Attorney, and specifically in the “screening” section of that file.