Hear that barking sound? This case is now officially a dog. Unless Nifon has some bombshell evidence not yet leaked, this one is over. It is interesting that in this hi-tech world we now live in, that people’s whereabouts can be so accurately proven, and in this matter, technology will prove innocence.

Also, I was interested to hear the accuser’s cousin’s comments this morning on Good Morning America. When asked if money played a role in this, she stated that first the criminal proceeding had to conclude before money could be considered. And then she said that the accused wouldn’t do this for money since she made a good living as an entertainer. Of course, the money is already flowing. Free tuition, lawyers seeking book deals, interview fees, etc.

You folks are too quick to take defense claims at face value. Patience: time will tell as to the quality of the alibi. Which may turn out to be extremely solid. Or not. We’ll see. Both sides will argue the significance of less-than-perfect alibi evidence… unless the DA is given just stunning proof that he’s got the wrong guy, I can’t imagine he’d just give in because a defense attorney claims his client couldn’t have been at the party. Of course he claims that. That’s his job.

Just think for a minute how to defend this case. First you’d like to say, my client wasn’t even at the party at the relevant time. If you’ve got some evidence suggesting that, you argue that. You say, even if there was a rape, you got the wrong guy entirely. The victim made an incorrect ID, because my client wasn’t even there. That’s the best argument.

Next, if that’s no good, because you’ve got all sorts of folks and evidence placing your client at the party during the time in question, you argue that there was no rape, or that if there was, it wasn’t your client, because he was passed out or upstairs or something. Still not a bad place to be, given the known (and I emphasize “known”) evidence here.

Worse is if you are arguing consent, because it’s obvious your client had sex with the accuser. That’s where Kobe was.

Or at least that’s my rough attempt at laying this out. So in other words, you always hope to make the strongest argument possible. Meanwhile, your client may really have done it for all you know, but if he’s got an ATM receipt 15 minutes before the rape or whatever, that’s where you start. Make the prosecution have to even prove your client was even at the damn party to begin with. And if you lose that round, you keep going. But unless there’s something really, truly convincing about the accused’s alibi here, don’t imagine that the DA’s just going to say, “well, that’s beat me.” Because he’s got evidence to the contrary, obviously.

Also, that the accused’s team members place him away from the party during the rape could mean something a bit more sinister: they’re covering up for him. Could be, after all. There are so many ways a single fact could fit into coherent narratives, it’s a mistake to embrace one as the “truth” until all the facts are known.

I channel surfed all network stations this AM and felt that the team at NBC did a great job of presenting the D timeline—we even got to see some of the photos we’ve been hearing about which really left me wondering how the heck could Seligmann be involved?

Fox ran a comfortable recap and then put a couple of talkshow hosts into the fray and it was an uncontrolled shouting match over whether anoniminity of the accuser is a double-standard. I think I heard “no means no” thrown in out of context in there, but it didn’t get played out because of all the yelling.

MSNBC re-ran their piece with the interview of the 2nd dancer—I thought that she seemed very composed, but I really didn’t get a sense from her remarks that she felt anything serious had happened. I think the interviewer didn’t dig in deep enough…he kept her talking, but never really extracted the essence.

I caught the tail-end of the Good Morning America interview too. Very sympathetic toward the accuser. Definitely some tough questions asked about the true motive for the accusation.

I’m very impressed that the accusers camp have the appearance that they are going it alone. So far, they haven’t pulled in a big gun to speak on their behalf and if it is a real tactic that they are putting into play, then its brilliant strategy.