Waterfall,
This is the reasoning behind thinking it's NOT Flannerty:
http://www.thenewstribune.com/sports/story/5673991p-5087932c.html
"Sutton said Nifong, in meetings with lawyers, had specifically cleared her client, Matt Zash, and co-captains Dan Flannery and Bret Thompson, along with a few others. Nifong declined any comment Tuesday except in a written statement."
http://www.thenewstribune.com/sports/story/5673991p-5087932c.html