That is the nut of hte "Nifong lied" issue. At this point, we know Nifong was lying like nobody's business to the press in the early phases, and at best he was dissembling. Lying to the Court is another thing entirely. These defense attorneys are pretty sharp, and this may come up in Seligman's motion to recuse Nifong, as in :Judge, he not only dissembles and decives the public, he has engaged in a scheme or artifice to defraud the court," and then laundry list his prevarications.
And most galling of all, dingbat Brodhead and Duke University crawled into bed with Nifong and his crew, abandoning 46 of their own students
One thing I am certain of: there will be more facts coming out that will show even more decisively that this whole thing was a "crock." There are strong rumors that Finnerty's alibi is far more powerful than Seligmans. And Finnerty's lawyers are just waiting for the dingbat DA to commit to a timeline before dropping that bomb.
I think it's clear that Duke was doing what they thought was politically expedient. Remember when the lacrosse coach resigned, we heard so many in the media say, AHA - see he resigned because he was guilty. The resigning was an admission. Duke pressured the guy into resigning. It made it look like Duke was taking action.
That same political expediency maybe what Mark Simeon or W. Gary and others are depending on with Duke. How Much would DUke pay to make it all go away.
I was reading the case of a family that claimed their daughter was molested at a Synagogue by a construction worker at the synagogue. The report I read said that the family used the laws to shield the child's identity and prevent the Defense lawyers from finding out other similar claims they had made. To make a long story short the family acutally OWNS the synagogue after the settlement.
Only after settlement, it was discovered that the family had made other similar claims and lawsuits.