Just remember in the case of a HUNG JURY Nifong, can recharge them and have another trial and another Durham Jury (or Durham Solution) as Nifong called it.
He could, yes. But would he?
Once all the details of this case are aired in court and the individual votes of the hung jury are made public, everyone will see what's going on. My guess is that the public reaction will be, "Why was this case ever brought to trial to begin with?"