While Finnerty may have to supply a witness list at some point, he has no obligation to meet with or talk to the DA; at any time. now that he was arrested, the speedy trial clock starts to tick.
In the state of Washington, it begins at arraignment or 14 days after an arrest, whichever is earlier. If a person is in custody, the state has 60 days to start the trial, if out on bail, it has 90 days.
A final witness list usually isn't due until a week or so prior to trial.
If Finnerty wasn't at the party, the DA has an impossible problem, because he has to prove that Finnerty was there. Absent picture or witness evidence that he was even at the house at the time of the alleged rape, the case will have to be disnissed.
Since the judge will likely have to toss the unconstitutional process used to ID Finnerty by the DA, the case collapses on that issue alone.
Thank, yes, I'm familiar with the process. My point was simply that the defense will have to provide a witness list. That means Nifong can contact those people, which doesn't mean they have to talk to the prosecution, but Nifong will have the names of Collin's alibi witnesses.