Usual outstanding work, LB.
I know this is frustrating, but the defense is doing a masterful job tightening the noose around Nifong's case and career. They are methodically cutting off avenues of escape. The foundation of the prosecutorial misconduct case has been established in open court. It will be cemented at the February hearing. Too many details to remember or rehash, but Nifong has nothing but the FA testimony, and if she testifies in February, he will not have her either. Defense counsel strategy here is not simply to get the case dismissed, but to leave no doubt as to their innocence, a much different strategic goal. Frankly, they are also laying the foundation for a civil lawsuit. In addition to Nifong and the DPD, the citation in the Motion for Change of Venue to the wrongful activity of Duke faculty is intriguing and a warning shot.
As far as Nifong's career goes, now they have testimony that Nifong concealed material evidence because he represented to the court that there was no relevant information in the raw DNA information. Misleading at best and reasonably viewed as an out and out lie. The February hearing will bring out how deeply involved Nifong was in the flawed line up procedures, and how he cut corners and dissembled to achieve a desired result on schedule.
This is the first time during this process that I will not be surprised if Nifong drops the case before trial. While he is in pretty deep doo-doo right now, that February hearing is more dangerous for him because it goes to the heart of the "investigation," the knowing violations of civil rights, and the intrigue and skullduggery of hte early days. So . . . either Nifong drops it before any more damage occurs in February, or he puts the FA and the stand to testify about the lineups, and she discredits herself during testimony. In either case, the charges are dropped. We saw today the DNA expert and Nifong pointing fingers over who said what to whom, and in February Nifong the FA will go through the same thing.
The wheels of justice grind slow, but they grind exceeding fine.
Good analysis, what I can not figure out is why the Judge, some powers behind the scene through the judge etc did not decide they were better off dropping this case before the next term starts. Heck even a quick January hearing on the IDs could have been a good move. But why let this get into another term, if your analysis is right as it sounds.
Maybe Nifong thinks he is better off dragging this out, including having as long a trial as possible and just get older and older himself? But then he might need to resign to save his pension.
It's now time for the government workers in Durham to decide whether they want to swim or go down with the ship.
Because if they stick with him, they are ALL going down. IMO, of course.
I wouldn't be surprised if he "steps down." Perhaps his illness will return and he'll have to have yet another couple of years of time off.