The problem with that particular "defense" is that the very specific allegations of the amended complaint will, if properly supported at trial with readily-available evidence from several sources, effectively preclude Nifong from employing any stratagem along the lines of "Well, I didn't mean to do it." For that reason, and due to the likelihood that any trial will be televised, I am beginning to think, as do several others on this thread and elsewhere, that a negotiated consent judgment which involves more than a mere reprimand or censure as the penalty is a significant possibility.
http://durhamwonderland.blogspot.com/2007/01/some-reactions-to-expanded-ethics.html
Today's events changed my mind. I'm no longer in the "he'll get only a reprimand" camp. Count me in your group now.
What on earth will his attorneys submit in his defense?