I am not sure the DA has to prove anything on the deferred prosecution deal. He would be reopenning their original charge. If they could withdraw their guilty plea, he would have to prove that charge. If they can not withdraw their plea, he may be able to punish them for merely being on the LaX team.
I suspect that when you enter such a program a mere arrest can trigger reopenning of the case. That may be the issue in the DC hearing today.
That's the point. No one's been arrested except the two charged with rape. None of the others were charged with anything. If they didn't admit they were at the party, who says they were there? Who's Nifong got who can place them there? They were all gone by the time the cops got there. He's got bupkis. He would have used this long ago if he had it. Just like the mysterious date rape drug. He aint got $hit. He's making it up as he goes along, and then feeding the DBM. They fluff it up into "new evidence." Bull$hit..