Wouldn't the accuser naming Kim as a participant in the rape be a part of the formal report and if not, why not? Not expecting anyone to really know the answer, but so much about this case makes no sense that it must be a nightmare for those families to watch their kids going through this that I'd be bashing my head against a wall.
Because Nifong was using Kim---he wouldn't charge her if she changed her story. That's how he got her + the other old charge. She folded and he was able to proceed with the case.