That's because it doesn't exist, according to Assistant District Attorney Charlene Coggins-Franks and Assistant City Attorney Toni Smith, who argued against releasing the records.
said the report would have been with the State Bureau of Investigation
, but that they didn't turn it over to the Durham County
District Attorney's Office because they don't have it.
It was not immediately clear why no SBI report was done.
The judge said he
believed what the prosecutor and city attorney told him, but added that if it later turns out that the report does exist, "somebody's going to pay heck with a possible contempt (of court charge.)"
accused Charns of being on "a fishing expedition" in an attempt to lay the groundwork for a civil-rights lawsuit.