I really believe he was basing it on Kim's testimony, that she said seem fine when see arrived.
That is how weak this case really is.
mark
Here's an April 18 Newsweek article that says Nifong hinted several weeks before about the date rape drug. Since the first DNA results were released April 10, I bet Nifong had been told the results by the SBI days before and starting floating this "date rape drug hint" to offset the "no DNA match" news to com.
His May 2 primary win depended on keeping his promise to make some arrests, which he did with his April 17 indicting of Seligmann and Finnerty (both ID'd on April 4).
http://www.msnbc.msn.com/id/12357584/site/newsweek/