Reply #126: You're right, it's up to the prosecution to establish guilt. [View All]

[Moosepoop]

All the evidence you listed is debatable as far at the worth of each individual piece is concerned.

The "defective" photo line-up may or may not be admitted into court.

The partial DNA may or may not carry much weight with a jury, if admitted.

The second dancer being unaware of the rape taking place when it happened, if it did happen, is immaterial. She wasn't in a position to know.

One student's "very strong alibi" may or may not be all that strong at the end of the day.

The impairment of the accuser may cast doubt on her ability to recall events correctly, but the SANE report will tell its own story. I'm withholding judgment on that until the actual, full contents of the report are known. Having had sex with three other men recently "may" explain the SANE results, or may not. Depends on what all is in the report.

Now, if all of the above is all the prosecution has to work with, it will perhaps be an uphill battle for a conviction. I do think that the prosecutor has a bit, or a lot, more than that, though. I also think that the defense knows exactly what THEY'RE up against, but they aren't letting the public in on that.