This must utterly astound every lawyer who reads it, as it astounds me. Basic practice requires any lawyer who's going into an adversarial proceeding to interview and prepare his primary witness, especially if that individual is a complaining witness. Without doing it the lawyer simply doesn't know whether he has a case or not. A prosecutor is ethically required at least to have a good faith belief that he can prove a case against a defendant beyond a reasonable doubt before he moves to indict that defendant. The complaining witness's testimony is the lynch pin of any rape case with a living complainant and no circumstantial evidence, like a positive DNA test. Interviewing that person is essential for the prosecutor to know if there is a minimally prosecutable case. Nifong has just admitted to blatant prosecutorial malpractice and abuse. He should be disbarred and sued for violating the defendants' Federally guaranteed civil rights by attempting illegally to deprive them of their liberty under color of law.
Discovery?
BTW: I declare a fatwa on Nifong!