"Watch a movie sometime, then stop it in midframe. The "expression" caught at that particular instant, might look a lot different than the expression that was actually being conveyed- or at least, that's what the prosecution might argue."
In a trial, he who sets the agenda wins. In a criminal trial, there is a tipping point where the prosecutor has to spend so much trial time and effort to rebut defense arguments and theories that the jury will not convict. I am not talking about the B.S. unwitnessed alibi or the the police set-me up argument that can be responded to with a roll of the eyes. When, as a prosecutor, you have to start arguing to a jury and perhaps present expert testimony that a smile in a photo isn't really a smile (and somebody could have used the accused's ATM card, cell phone and dorm card and a person might call for a cab and, while he is waiting for the cab, decide to and then rape the victim and not keep the cab waiting) you are in trouble.
One thing about the ATM - there WILL be photographic evidence of whomever used the card (they all have cameras). Either it will back up the alibi or blow it to hell. No in between.
The woman "Smiling" is consistent with the girl with her at same party having no idea it ever happened. And that girl placing a phone call and reporting - I'm not hurt in anyway.
Fresh fingernail polish on the accused is also not consistent with her account of being scared and upset by the comments the team was making. Who applies fingernail polish when they fear for their safety?
Taken collectively with all the other consistencies ..
I've never seen a case with so many holes.
Reasonable doubt was exceeded a long time ago.
I was thinking the same thing last night. Usually a prosecutor has the upper hand. In this case, it seems like Nifong will have to spend a lot of time trying to discredit firm alibis before he even gets to his timeline.
I don't see how he thinks he can take this to trial unless, of course, he doesn't think it will get to trial and he is only doing this to pacify local constituents and political reasons. That said, the onus is now on Crystal Mangum to try and be credible. She is the one who gave "100%" ID on the guys. Nifong sort of has to proceed based on this, and taking the case to a GJ for a bill was a punt on his part.