I'll bet you $50 the first motion the defense makes it to quash her identification.
First of all, she didn't pick anybody until last week, after a month of their pictures being on every tree, car, and pole -- and the front page of the N&O for a month.
And I'd be really interested in hearing how he plans to explain how a woman who was dead drunk at 1:22 a.m. on March 14th can remember who did ANYTHING to her 45 minutes before that.
Or perhaps even a Motion to Dismiss for Prosecutorial Misconduct, which would be like going nuclear among these lawyers
I think the first motion will be a motion to dismiss based on the identification, not just to quash the identification. If that fails, then they can move to exclude it.
"And I'd be really interested in hearing how he plans to explain how a woman who was dead drunk at 1:22 a.m. on March 14th can remember who did ANYTHING to her 45 minutes before that."
He can't explain. Nifong has so much rehabilitation of this "witness" before the case even starts, the hope that it doesn't start at all isn't unrealistic. The only problem I see with the case being thrown out for the identification is that it doesn't fully clear their names. That takes absolute proof that she's lying.