How did Nifong think he was going to get away with the accuser mentioning that Kim helped in the attack but Nifong doesn't indict Kim along with the 3 guys?
Because he's the DA and he knows the judge...besides all those high priced lawyers are afraid to be up against him in court.
He didn't think the defense would ever get the report. remember, the defense got this stuff from DPD, which is what is so significant about it. It's a big cover-up of a conspiracy to get these guys convicted. But the defense was wise to it, either because of their early chat with Kim when she was still telling the truth, who would have told them what all she said to the cops, or because someone inside DPD leaked it to them. i suspect the former, but either is possible. Anyway, a few weeks ago the defense got an order securing all notes, reports, messages and all records pertaining to the case in the hands of any LEA involved in the case. I think Himan balked at destroying them, no matter what Nifong might want, and, if true, it probably means Himan was acting per Nifong's instruction. If Himan didn't turn over the reports to Nifong on his own volition, he would have destroyed the records, I would think. But if it was originally Nifong's instruction to hold them back, he probably wouldn't stick his neck out that far.
By not disclosing it to the defense. The only way for Nifong to avoid disclosing it in discovery is if he doesn't have it in his possession, and the only way to not have it in his possession is to tell the investigator or his supervisor not to give it to him, whether he says it directly or implies it indirectly through another person or through deed. These facts revealed in these reports are far too important for an investigator to make the decision to not include them as a matter of his own discretion.