As the Duke Lacross players case continues to come unraveled, I am left wondering just what DA Nifong was thinking when he handed out the indictments. It now appears that he had the exculpatory DNA evidence before indicting, which would seem to be a poor basis for starting a prosecution. I expect he either didn’t think it through or believed that he could break the defendants without much publicity outside of the local area.
What I wonder now is how much the accuser wanted things to go forward. There is some indirect evidence (such as the seclusion mediated by Nifong related people) that Nifong, not the accuser, was the driving force behind the prosecution. I would find it very plausible that the accuser has been used as well. If I were the defense team, I would consider getting the accuser to file a civil lawsuit against Nifong, in conjunction with the defendants, for willful abuse of his position to force the case. That would be a public relations coup (“it’s not about accuser vs. defendant, but about abuse of power by the DA”) and vicious revenge at the same time.