All this tells me is that Nifong has nothing for the GJ on Monday.
What really needs to happen is for NC and other states still using the indicting GJ for threshold felony cases to step into the light and stop using them. What has happened here would not be possible in the majority of states where a preliminary hearing on probable cause to sustain the charges would have been held. In that proceeding, the defense can cross-examine prosecution witnesses and present its own witnesses before the court rules on whether the case can go forward.
GJs do not serve the function they were devised to serve in English common law and are just a rubber stamp for the prosecutor. In reality, there has been no due process so far. I also learned yesterday that NC does not have speedy trial available. So far, the Fourth, Fifth and Sixth Amendments have taken a real beating in this case, and it is an outrage.