[JLS]

I just realized that as outraged as we are with the way Nifong has handled this, the defense is fighting one long uphill battle.

A long battle yes, an uphill battle maybe not. I still think ultimately whichever judge has to hear motion to suppress the IDs will have little choice but to grant it. But each judge is trying to pass this hot potato on to the next judge.

[SarahUSC]

I think there is a chance that a judge will throw out the final line-up on grounds it was unduly suggestive but I don't think any judge is going to prevent the accuser from IDing the defedants in court. If that happens it would basically be dismissing the case because there is no evidence other than the accuser's say so.

No judge is going to want to take responsibility for that ruling.