He doesn't even have the SANE report. It's compromised by the fact that she had presumable consensual sex that night prior to being examined.
We do not know what is in:
1. The SANE report, but I suspect like many that she lied to the SANE. The reason is that Nifong got out on a limb about the DNA very eary. He knew she had DNA on her and she probably claimed no consensual sex for a number of days prior.
2. The toxology report, but I suspect like many it will be useless to the DA too. She is likely a drug addict and it will show up in this report.
But at this point he can still half report them to a Gand Jury and get an indictment.