This whole case was merely about Nifong winning the election, and to do that he had to have the irate black vote which he got. The only question is why he keeps prolonging the inevitable.
Nifong is now prolonging this because it keeps him from going in front of bar hearing for misconduct.
Nifong is waiting for the case to fall apart on other reasons so he doesn't have to dismiss it and suffer the ire of black Durhamites salivating at the thought of three rich white boys going to prison for a long time for something they didn't do.
IMHO, Nifong might be mentally ill as well as get sadistic pleasure out of sticking it to the jocks. At the least he is a sociopath.