It occurs to us that at the present time, we know far more of what evidence there is, than Mr. Nifong did when he first proclaimed to the world, on March 27, that he was certain that a rape did take place.
On March 27, Mr. Nifong was under the impression that the DNA samples just taken from the objects of his obsessive persecution would reveal who shorty, chubby and heavy were. Like the true-believing Sasquatch hunter, Mr. Nifong expected that these DNA tests would bring him closer to identifying that mythical 270 pounds lacrosse player. In part, he may have been certain that the evidence he hoped for via DNA testing would fulfill his fantasy because he was under the false impression that the accuser had no prior consensual sexual activity. That false information might have led Mr. Nifong to incorrectly assume that the DNA left within the accuser was from a lacrosse player. On March 27, he did not know that the false one had misled the investigator Himan on March 21, when stating she had no consensual sex for a week prior to the party. It appears that Mr. Nifong did not have all the evidence on March 27 but was conviced.
Today, we know that those DNA tests were unfruitful, except to reveal that the accuser had not been truthful in that regard, and that no DNA found in, on or around her belonged to a lacrosse player. Today, we also know that three of the accuser’s acquaintances needed to be tested to determine who the DNA donor was.
On March 27, Mr. Nifong was under the impression that the “trauma” to the accuser’s nether region was indicative of rape. In part, he may have come to that false conclusion because of the mischaracterization of S.A.N.E. nurse-in-training Levicy’s findings as relayed by the investigator Himan. In part, he may have been under this impression due to the aforementioned no-sex claim falsely made by the accuser. It appears that on March 27, Mr. Nifong did not have all the evidence yet shouted guilty.
Today, we know that S.A.N.E. nurse-in-training Levicy’s report did not indicate anything more than diffuse edema, and did not state that accuser’s trauma was consistent with rape. Further, we know that the accuser’s activities were quite industrious in the hours and days preceding the non-event.
On March 27, Mr, Nifong did not yet possess the accuser’s own written statement, nor the medical records from Duke. On March 27, Mr. Nifong only had a 70% identification that Seligmann was even at the party, had a non-identification of another suspect, and did not know that one of the initially non-identified suspects would be identified with 90% certainty if he had a mustache that he never wore. On March 27, it would further appear Mr. Nifong did not have evidence that one of the indicted would be photographed by an ATM a mile away from the scene of nothing, and did not have evidence of that same player being with two witnesses for several minutes prior to the photograph. It would appear that on March 27, Mr. Nifong did not have all the evidence yet decided guilt.
Today, we know that the accuser’s own written statement contradicts not only the “accidental outcry witness”, but also the medical evidence, physical evidence, her own statements and, quite frankly, even the most bizarre works of fiction. Her statement, in comparison to all else that is now known, would not even be plausible in the mind of David Lynch. We know that Seligmann’s alibi leaves a window of opportunity of less than a minute only if we choose to ignore both the accuser’s and the “accidental outcry witness’s” statements. Mr. Nifong’s infamous unknown timeline has been revealed to be a fraud of the highest order.
Today, we also know with reasonable certainty that the previously not identified Mr. Evans did not don a mustache on that evening, nor on any other day of his young life.It would appear that on March 27, when Mr. Nifong stated, "The information that I have does lead me to conclude that a rape did occur. I'm making a statement to the Durham community and, as a citizen of Durham, I am making a statement for the Durham community. This is not the kind of activity we condone, and it must be dealt with quickly and harshly,” he did not have all of the evidence yet concluded guilt and began campaigning.
In fact, it is now known that on that date he had very little evidence, and yet somehow came to the conclusion that a rape did occur.
From March 27 until today, much has been revealed to both Mr. Nifong and those of us who continue to observe this saga unravel with concern and horror. The only evidence along the lines of what Mr. Nifong may have been hoping for from then until now, would appear to be a tainted lineup of his own manufacture and DNA from a trash can, neither of which seem to be helpful to his vendetta, in comparison to the absurdly overwhelming amount of truth that contradicts his obsession.
If on March 27, with as little as he knew then, he could decide guilt, it is not only fair but also morally just that we proclaim the players’s innocence now. If today, with as much as he knows now, and has known for some time, he pretends that none of the evidence differs from when he first made his campaign proclamation of guilt on March 27, it is, further, not only fair but also morally just that we proclaim Mr. Nifong’s guilt now.
And, no, we don’t have all the evidence against Mr. Nifong now, but we hope that it develops.
On with the trial, of Mike Nifong, that is.