They cant just drop it, three lives have been ruined. What is the DAs office going to say, "Sorry our rogue DA screwed your lives up, but hey, at least your not being prosecuted"??? The State of North Carolina owes these three boys..
All NC can do is drop the charges or go to trial. That is the only choice the state of NC has. Whether the defendants will sue or not belongs to them. But certainly dropping the charges before the next term at Duke starts reduces defendant's potential damages and Durham Co.'s potential liability.
And of course while the defendants have been damaged, part of the reason they have had such a public defense is they want more than acquital. They want to be exonerated in the minds of the public. They have to a great extent accomplished that. So despite what many here say, the defendants' lives are not ruined. [Though Nifong was certainly indifferent to ruining their lives as long as he won his election.] Certainly their lives have been changed, certainly they suffered damages and will likely sue and collect damages, but I would not say their lives have been ruined. How about you, if you were in a hiring position, would you hold this charge against these defendants if they applied for a position with your organization or would it cause you to be sympathetic and look more closely at their application?