NC man’s bid for a new trial in Durham enters 2nd day

Darryl Howard in court Aug. 30. (David Hurst/CBS North Carolina)

DURHAM, N.C. (WNCN) – The hearing for a Durham man who has spent 21 years in prison for a double murder entered its second day Tuesday.

RELATED: Hearing over prosecution’s misconduct could exonerate NC man

Darryl Howard’s defense team are asking a Durham County judge for a new trial after he was convicted in 1995 for the murders of a Durham woman and her daughter.

Defense attorneys are focused on DNA evidence that was not available during the first trial.

Howard’s attorneys point to evidence that show none of Howard’s DNA was on the victims but one of the victim’s had the DNA of another man, Jermeck Jones.

Jones was called to testify Tuesday but refused to answer any questions.

“On the advice of counsel, I decline to answer the question based on the 5th Amendment,” Jones said in court.

But the court was able to hear from Jones during an interrogation video while investigators were trying to get a DNA sample from him.

“There ain’t nothing to say, I don’t got nothing to do with that, man. I’m saying I don’t know how my DNA came up here on this, I don’t know anything about that,” Jones said in the interrogation video.

Defense attorneys also claim misconduct by police and former prosecutor Mike Nifong in the first trial.

Nifong was disbarred for his role in the infamous Duke lacrosse case and now he is facing more allegations.

Nifong was expected to testify Tuesday but could be called to the stand Wednesday.

In 2014, a judge overturned Howard’s conviction, saying Nifong made false and misleading arguments to the jury.

However, the conviction was soon reinstated by the state court of appeals

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