DA Nifong: If Accuser Wavers on Identification, He'll Drop Case

While one of DA Mike Nifong's investigators was interviewing the accuser Thursday, he was giving a three hour interview to the New York Times.
Shorter version: If the accuser cannot with certainty identify the players she claims sexually assaulted her at the lineup hearing in February, he'll drop the case against those not identified.
Mr. Nifong declined interview requests Friday, but said in an e-mail message that his decision to dismiss the rape charges showed he was “willing to go in whatever direction the evidence takes me.” And in a three-hour interview on Thursday, Mr. Nifong said he would not hesitate to drop all the charges if the accuser expressed doubt about the identity of the men she has accused when she sees all three defendants at a pretrial hearing set for February.
“If she came in and said she could not identify her assailants, then we don’t have a case,” Mr. Nifong said. On the other hand, he continued, “If she says, yes it’s them, or one or two of them, I have an obligation to put that to a jury.”
More from Nifong:
Mr. Nifong said he intends to ask the woman about her level of certitude after February’s hearing. “It’s an opportunity to say, ‘Yes, I’m 100 percent certain these are the people who did it,’ ” he said. “It’s also an opportunity to express doubt.” Given the absence of physical evidence, he said, any doubts from the woman could end the prosecution for one or more of the defendants.
....I have told the defense attorneys that if at any time the victim in this case tells me that she thinks that one of these people who have been identified was not her assailant, as soon as she tells me that, then that case will go away,” he said. “I’ve said I’m not interested in prosecuting somebody that’s innocent. But until she tells me that, until she tells me these are not the right guys, we’re prosecuting this case.”
Nifong also had a weak explanation for not turning over the exculpatory DNA material:
On Thursday, Mr. Nifong acknowledged knowing about those test results before any players were indicted last spring. He also acknowledged that the results were relevant and “potentially exculpatory,” and he said he should have given the results to the defense before May 18, the day he signed a filing that said “the state is not aware of any additional material or information which may be exculpatory in nature.”
But Mr. Nifong denied the defense team’s contention that he had deliberately tried to either hide the results or delay their release. Mr. Nifong, who is personally overseeing this case, said that given the volume of evidence he simply had not realized that he had failed to turn over those specific DNA test results. “That wasn’t something I was concentrating on,” he said.
With more calls for Nifong to recuse himself coming from newspapers, even the head of Duke University and calls for investigation into his handling of the case, how much longer can he hold on?
How many times has the accuser seen the photos of the accused players in the paper or on tv? Even if she does identify them in court, at this point it's more likely she is identifying them from the portrayal of their pictures in the newspaper and on tv than from her memory of the events at the party.
I don't think her in-court identfication will be worth anything. Monks on the mountainside of Tibet could identify Seligman, Finnerty and Evans by now.
Nifong is digging himself into a career grave.
[Earlier post on accuser's recant of penile penetration here.]
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