Correct if the purpose of the photo array was to on purpose frame innocent people, that would be criminal. If the purpose of the photo array was to try to convict someone the DA really thinks is guilty, it would just be thrown out if found to be counter to judical law. This is of course why Nifong is working so hard to maintain plausible deniability and not look at the evidence.
Yep, and to continue the case as long as it's useful to him.