And even if the jury did buy it, it points out a glaring flaw in the investigation.
Q: Sir, you are aware that rape victims are severely traumatized, and may be able to recall nothing about the attack in the first few hours, correct?
A: Yes sir.
Q: Why didn't you ask her again at a later time?
A: (in Spicoli voice) I don't know.
I'm not sure why you are saying she wasn't asked again. The problem is the only reference to their descriptions was the officer's note asking a follow up question. The original description is what is missing.
District Attorney Mike Nifong gave defense lawyers nearly 1,300 pages of evidence last week, saying it was his complete case file. But lawyers for Collin Finnerty say those documents include only one reference to police asking the accuser for a description, in what appears to be an investigator's note.
"I asked her questions trying to follow up on a better description of the suspects, she was unable to remember anything further about the suspects," the note from Durham police investigator B.W. Himan says,