On Direct, Nifong asks Himan - could you have been wrong about your descriptions? Himan can say Yes. Every witness can say they are unsure on the stand - every one can. There is room between Himan saying he purposefully wrote the wrong description and that he now feels unsure about his notes.
He can say that, looking back, I may have been recording her description of the second man as the first. In other words, Himan may say both of the following descriptions of his should've been combined to describe SUSPECT # 2 (Matt)
Adam: "white male, short, red cheeks fluffy hair chubby face, brn"
Matt: "Heavy set short haircut 260-270"
When questioned on Direct by Nifong - Himan and Gottlieb both say that Gottlieb was the primary recorder and Himan was just making notes out of habit. Her kids were pushing toys into Himan's face as the woman talked, and he didn't want to be impolite to the kids?
IMO, there are NO hard and fast rules. Things work differently in Durham, and IF the Jury accepts it - it works. You and I might think the Defense attorney ripped Gottlieb to shreds, but if the people on the jury see Nifong and Gottlieb, people in positions of authority, and believe them, especially in Himan goes along, then it doesn't matter.
We have to understand Durham.
1) Gottlieb is the Head of Investigations
2) Gottlieb is/was an officer/rep in the Police Union
3) Gottlieb is Himan's boss.
It would be nice and heartening, in fact, if Himan were to take a stand. But, he'll need another job most likely.
Gottlieb will still be there as his boss and Nifong is the Power Broker in the area.
So, if Himan lies, he gets criticized by Fox and some blogs - for a week (or less) and then he goes back to work.
If Himan takes a stand - and stands firm and resolute - the job environment will be unbearable to return to.
You may be right, I may be right - time will tell.
However, I can't help but think we're all going to get old waiting for someone to do the right thing in this case - and for the Main Stream Media to take an interest and call this prosecution what it is.
Except for some rebels, I doubt, at this point, if they'll ever call out Nifong and the DPD for their actions. How long have we operated under the impression that when the MSM sees the light, things are going to change?