Seems as if this is a positive development for the defense here.
If this request by Mr. Nifong is granted, can Nifong be put on the witness list for the defense? Nifong apparently is aware of exculpatory evidence(maybe evidence which hasn't yet come forward), getting him on the stand to testify under oath about it could definitely help the lacrosse boys case.
I doubt the criminal case will get to trial. This is a pretty typical prosecution finesse. We saw something similar in the Kobe case a couple of years back. They take credit for 'bringing the criminals to justice', then let somebody else who isn't at risk of being proved a complete idiot at trial dismiss the case. Look for a quiet dismissal shortly after MLK day.