Nice hypothetical direct of Roberts. But you write as if Nifong must prove beyond a reasonable doubt that a rape could not be ruled out. What he must do is prove beyond a reasonable doubt a rape occurred [not to mention that the three indicted committed it] and Roberts saying that Mangum did not look hurt or harmed in any way and that she did not see a rape etc. hurts his case.
Showing that Roberts lied about this at times in the past is not going to help him much. She does not have an real incentive to lie and does not benefit from getting on the stand and risking a perjury charge from Nifong.
This is not unlike the discussion here with Jezebelle about whether to count Roberts' lying as starting when she was just trying to dump Mangum at the Kroger or to start evaluating her when the once Mangum claimed rape and this became a serious matter.
You are correct. But the discussion earlier had to do with whether or not Kim had changed the story she told the police with respect to something involving the AV.
The point I was making was that Kim told Hinman on March 20th that she was only out of sight from the AV once, and that was for less than 5 minutes. Himan's March 20th excerpt:
SHE WOULD BE GETTING A CALL FROM THE POLICE ABOUT AN INCIDENT THAT TOOK PLACE. SHE STATED THAT SHE HEARD THAT MS. MANGUM WAS SEXUALLY ASSAULTED, WHICH SHE STATED IS A “CROCK” AND SHE STATED THAT SHE WAS WITH HER THE WHOLE TIME UNTIL SHE LEFT. AND THE ONLY TIME SHE WAS ALONE WAS WHEN SHE WOULD NOT LEAVE AND THAT TIME PERIOD WAS LESS THAN FIVE MINUTES.
In Kim's written statement which was produced on March 22nd.. Kim writes...excerpt...
I left the bathroom, grabbed my bag and exited the house w/ my dancing gear on. I went to my car wanting to leave, but not wanting to leave the girl in the house alone. I changed my clothes in the car where some of the boys were coming to my window asking me to talk to them. I was told by one of the guys that Precious was passed out in the back and could I please do something with her. By this point it seems that the fellas may have been ready for the evening to be over. I told them that if they could get her to my car, I would get her out of their hair. Within minutes, She was being helped out of the back yard and into my car.
We know about the time Kim left the bathroom 12:10 - 12:15 range because Bissey saw them both at the car at 12:20 and she said she left the bathroom alone. We also know that the boys helped the AV to the car at 12:41.
Kim has described an interval of which she was away from the AV which spans about 20 - 30 minutes. Which is not even close to the 5 minutes she claimed in her call to Hinman on the 20th. Nowhere in her written statement did she say she saw or was with the AV after she left the bathroom until the boys brought to the car. If she was consistent she would have said, I went to the car alone, about 5 minutes later the AV showed up without her shoe or purse. She would have said the AV went back to get her shoe and was gone for another 5 or 10 minutes, then the boys came by and told me she was passed out in back of the house. She doesn't say that. Why not? Because it doesn't allow enough time for anything to have happened.
She makes conflicting statements to the cops in my opinion, which is what the point of discussion was earlier.
My little parody earlier was to describe how easy it would be for Nifong to discredit her as a witness since she has lied to the cops so many times.