But corrupt Prosecutor Mike Nifong has still left two heavy-duty felony charges in place, even after dismissing the rape charges because the alleged victim suddenly can't recall if she was ever penetrated by a penis -- regardless of her earlier versions of the story of her alleged assault.

Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a woman who had been hired to strip at a team party, but the three still face counts of kidnapping and sexual assault.

District Attorney Mike Nifong faxed a copy of the notice of dismissal to defense attorneys on Friday at 11:45 a.m. EST. The move took defense attorneys by surprise

In a news conference Friday afternoon, lawyers for the three players called on Nifong to drop the other charges as well, saying there is no evidence that their clients kidnapped or assaulted the woman in any way.

Nifong did not immediately return calls seeking comment about the dismissal.

The mere lack of evidence or a credible accuser, however, was not enough to get Nifong to dismiss all charges. Neither was the disclosure of prosecutorial misconduct on his part last week. And his actions still leave these young men facing a potential 20 years in prison. So Nifong tried to hide the story in by announcing it just before lunch on the Friday before Christmas, in the hopes that the disintegration of his case would be missed by the press.

The Washington Post's Andrew Cohen believes, as I do, that this ultimately bodes ill for Nifong's case.

There are two ways to digest today's big news about the dismissal of rape charges against the Duke lacrosse students. You can say that a very weak case against the three defendants has just gotten measurably weaker, which makes it almost non-existent. Or you can say that by getting rid of the rape charge, the prosecutor, and presumbly his complaining witness, now can move forwad on more solid legal and factual ground. While I think there is some truth to Option B, I'm going with Option A.

Why? Because whatever shred of credibility the alleged victim had-- whatever residual confidence people may have had in her story until now-- is now lost. If the woman is now unsure she was raped why should anyone believe her beyond a reasonable dobut going forward that she was sexually assaulted-- touched in a way short of rape? I think this likely loss of credibility will more than offset the fact that the prosecution's case, without rape, is much easier to prove against any or all of the three defendants. For them, Christmas came a few days early.

The dismissal documents may be found here.

Indeed, Nifong may be on the hook for criminal and or civil misconduct -- having possibly acted in a fashion that overcomes the presumption that he is immune from damages.

Great covrage at Durham Wonderland and LaShawn Barber.

More at Gay Orbit, A Blog For All, HuffPo, Florida Cracker, Alas, A Blog, Outside The Beltway, Digger's Realm, American Pundit, Opinipundit, Independent Conservative, NixGuy, Lead & Gold, Sensible Mom, Bitch Girls, HoyStory, Tapscott, Michelle Malkin, Talk Left, American Pundit, Hot Air, Johnsonville News, Mary Katherine Ham, Betsy Newmark, Leaning Straight Up, Bill's Bites, JammieWearingFool, Stop the ACLU, Unpartisan, Kevin Show, It Shines For All, Booker Rising, Hit & Run, Ace of Spades HQ, Pardon My English, Dartblog, Astute Bloggers, Six Meat Buffet, Wizbang, QandO, Don Surber, Mrs. Gribbit's Word

UPDATE: The New York Times has this great piece on the ongoing disintegration of the case.

Posted by: Greg at 12:23 PM | Comments (1) | Add Comment
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