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.
I wonder if Kim was the one who threatened to call the police--since that's what she did. And maybe that threat was the reason for the rapid disbursement of the remaining partygoers.
I assume the identification has already been made. The person just hasn't been charged due to lack of evidence (of course that hasn't stopped Nifong previously from making arrests). I'm not so cynical as to believe Nifong would allow her to ID someone NOW.
I think the cabbie already said he couldn't recognize them. That doesn't mean he won't magically remember, though, but he seems like a straight and honest guy SO FAR.