You're right, he could have been the photographer. I also wonder where the 6'6" McFayden was--we haven't heard about him in a while--He also has a million dollar home. Could he be #3?
I'll bet no. 3 does not get named until the accuser's circle of advisors has figured out who exactly appears in the photos of the party. The defense lawyers need to be especially on guard for leaks out of their offices, as some of the race hustlers might pay top dollar for a look at the photos to make sure the no. 3 that is chosen is in there.
Also, the accuser's people may be trying to identify who made the "she's just a stripper" comment, and ID him. Perhaps they will approach the cabbie and threaten him or bribe him to pick that guy out of the lacrosse team picture. Then we will find that that guy is the lucky no.3 defendant.