Nifong may well win; but in the long run, that may be better for the outcome of the case itself.
Because a defeated Nifong would probably let it hang on until he leaves office in January. Then the new appointee would have to take a few weeks to 'study' the matter. And so on . . .
Perhaps this way a strong Nifong will feel able to drop the matter. Maybe he has planned all along to drop it and has only held on until after the election.
who knows?
But at any rate, neither his defeat nor his election need necessarily be cause for rejoicing or despair.
The essential facts of the prosecution (persecution) have not changed, and do not change until this gets thrown out.
Yeah, I suspect the political and legal pressure on Nifong is the only reason this case was not dropped during the summer. Of course these guys do not just want this case to go away, they want their reputations back. This has required them to let the pressure build up on Nifong.
The current judge might let it run April.