Does the Duke Rape Case Prosecutor Have an Ace in the Hole?

060501_juris_mikenifongtn.jpgMany have speculated over the past months that the only plausible explanation – aside from pig headedness or abject stupidity – as to why Durham County District Attorney Mike Nifong continued to pursue the case against the Duke Three notwithstanding the alomst daily disasters that befall his case was that he must have some kind of “smoking gun” or “ace in the hole.” Might this be true? Read on below the fold.

While I suppose it is theoretically possible that Nifong has something that will salvage what is left of his case, it is extremely doubtful. We know what the forensic evidence say – nothing, absoutely nothing, suggests that any of the Defendants had any physical contact whatsoever with the accuser. The onloy possible witnesses are the other lacrosse players who attended the party, and the “dancer” who accompanied the accuser to the party. We know what the otherdancer has to say – not much that helps the prosecution, to the extent that she has been consistent in her story. What about the lacrosse team? Any chance that one of them flipped on one of the Defendants? Seems doubtful, and it is doubtful it would have stayed quiet for almost a year. Nifong says he’s complied with his discovery obligations, and the discovery is wholly inconsistent with the notion that any crime occurred. If Nifong does not dismiss the remaining charges in short order, the embarassment to him will only get worse.

UPDATE: Here is a copy of the dismissal that Nifong filed. Take a look at page 2. The accuser can’t say with certainty that a penis was the body part that penetrated her?


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