Government Rests Case Against Zacarias Moussaoui; Duke Rape Case Heading to Grand Jury?
ZAHN: All right, you may have heard about this one. A couple that won people's hearts with their struggle to have sextuplets, they claimed their babies were in intensive care, but something was missing from the story, like, the babies,all six of them. We will explain when we come back. But, tonight, we're hearing that the Duke University rape case could go to a grand jury in just the next couple of days. Now, that is in spite of the DNA tests this week that failed to connect Duke lacrosse players to an alleged attack on an exotic dancer at a wild party. Also tonight, Durham's district attorney, who is trying to get reelected, is defending his handling of the case. Jason Carroll is in Durham tonight and has just filed this report for tonight's "Outside the Law."</s>JASON CARROLL, CNN CORRESPONDENT (voice-over): Durham's district attorney, Mike Nifong, found himself in the hot seat, under fire from two candidates running for his seat. Both strongly criticized Nifong for his handling of the case involving Duke University's lacrosse team and a young black woman who says she was raped by three white players, and the fallout that has affected the community as a result.</s>FREDA BLACK, DURHAM COUNTY, NORTH CAROLINA, DISTRICT ATTORNEY CANDIDATE: Durham has been portrayed in a negative light nationally. This case was mishandled from its inception.</s>UNIDENTIFIED MALE: One minute.</s>UNIDENTIFIED MALE: One minute, please.</s>BLACK: When the cameras leave, who will pick up the pieces?</s>MICHAEL NIFONG, DURHAM, NORTH CAROLINA, DISTRICT ATTORNEY: Does anybody really think this community is fragile and ready to break? Is that what you're seeing here? That's not what I'm seeing. I'm seeing a committee -- pardon me -- a community that came together initially to support a young lady who was the victim of a brutal assault.</s>CARROLL: The candidates accused Nifong of saying too much publicly about the case too soon, faulting him for making early promises of arrest, a stinging criticism after DNA test results showed no match between any of the players and the alleged victim.</s>KEITH BISHOP, DURHAM COUNTY, NORTH CAROLINA, DISTRICT ATTORNEY CANDIDATE: If you didn't have the correct information, you should have sat back and be silent and wait until you knew that you had enough information to guarantee a community that you would make arrests.</s>BLACK: It's my belief that premature information that is either leaked or told to the public can jeopardize a case.</s>NIFONG: And there was also pressure put on me to do nothing, to say, well, you know, her profession was not really the most honorable in the world, and we really don't have the strongest case in the world, if there's no DNA, so let's forget about it. Well, ladies and gentlemen, that's not doing your job. If I did that, then you should vote against me.</s>CARROLL: There are also accusations the timing of the case is politically motivated. If Nifong completes his investigation this week, he could present it to the grand jury when they meet next Monday. If he does not, the next scheduled meeting is in two weeks, just one day before elections for district attorney.</s>BLACK: Perhaps he thought that he landed a case that would save his prosecutorial career.</s>CARROLL (on camera): Nifong's challengers charge, so much has been said about the case, they worry defense attorneys will ask for a change of venue if there is a trial. They also say, despite all the negative publicity, Durham's residents deserve to sit on that jury. But at least one defense attorney tells CNN, he will ask for a change of venue, saying he does not believe he can find a fair set of jurors in Durham. Jason Carroll, CNN, Durham, North Carolina.</s>ZAHN: And joining me now, someone who is watching this case very closely, Court TV anchor Lisa Bloom. Always good to see you.</s>LISA BLOOM, COURT TV ANCHOR: Hi.</s>ZAHN: So, has the DA blown this case, as his critics have just suggested?</s>BLOOM: I don't think so, Paula. He's getting heat from both sides. On one side, people are saying: "Why hasn't he made arrests yet? And, if the colors were switched, a member of the black community would have been arrested by now." On the other hand, members of the Duke community are saying: "Why doesn't he let this whole thing go?" I think he's taking the prudent approach, right down the middle: "I'm going to continue to investigate. I'm going to look for more DNA evidence. I'm going to continue to talk to witnesses." I think investigating is something that nobody can really disagree with.</s>ZAHN: Well, you would have to concede that it has damaged his case that there was no DNA evidence so far linking any of those players to this alleged rape.</s>BLOOM: It probably is damaging, but we don't know what the accuser's story is, OK? In the search warrant affidavit, she says that she was raped, that she was sodomized, and raped vaginally, OK? But we don't know what parts, if I may be a little bit graphic, of the males were used. Was it a hand? Was it an object? What was used in the rape? We don't know that. Now, if it was a rape the way most of us think of it, yes, we would expect for there to be some DNA, hair, fibers. That hasn't been found as of yet. And that is better for the defense.</s>ZAHN: Meanwhile, there seems to be a concerted effort by friends of the defense to continue to trash this alleged victim.</s>BLOOM: Right, talking...</s>ZAHN: You don't hear her described as a student or as a mom...</s>BLOOM: A mother.</s>ZAHN: ... but the stripper...</s>BLOOM: Right. You hear her described...</s>ZAHN: ... or exotic dancer.</s>BLOOM: ... in the -- in the lowest social terms, as a stripper. Meanwhile, the boys, one-third of whom have criminal convictions for disorderly conduct, for underage drinking, we don't hear them referred to as criminals. We hear them referred to in their highest sense, as Duke students, as star lacrosse players. So, I think points can be made that -- that perhaps she is being trashed by the media. Look, she has got a criminal conviction. You don't have to have a perfect record to come forward...</s>ZAHN: Right.</s>BLOOM: ... with a rape charge in this country.</s>ZAHN: How meaningful is that, accused of trying to steal a cab, right?</s>BLOOM: Right.</s>ZAHN: Is that going to mean anything?</s>BLOOM: Right, accused of trying to steal a cab.</s>ZAHN: It does...</s>BLOOM: She did her time.</s>ZAHN: It does call into question her integrity, though.</s>BLOOM: She served -- she served her probation. Well, I think -- I don't know if it does call into question her integrity. She does have a criminal record, like I said, as do many of the boys on the lacrosse team. Ultimately, that's probably going to be a wash. The question is, is there going to be physical evidence? Will the DA find something? Will more advanced DNA tests come back with something that he can use? What about the other dancer? What is her story? Does she corroborate her friend? And what about these 40 lacrosse players, Paula, who have clammed up? Have none of them flipped? Have none of them given any story to the DA that helps her? These are the mysteries, these are the questions that continue to swirl around this case.</s>ZAHN: And those are the questions we are going to continue to try to get answered...</s>BLOOM: That's right.</s>ZAHN: ... in the days to come. Lisa Bloom, always good to see you.</s>BLOOM: Thank you.</s>ZAHN: Thank you so much. Coming up, is the next breakthrough in auto safety as close to your car's dashboard? Stay with us for some absolutely amazing pictures. How could dashboard cameras make drivers -- driving safer for any of us? And how do you think this guy survived this? You will find out. And we move on now to number eight on our CNN.com countdown. A small Missouri town is reeling after a couple is accused of lying about having sextuplets and then asking for money to help raise the babies. So, where are the babies tonight? Well, we will have more on that story in just a little bit. At number seven -- just days after huge demonstrations for immigrants' rights, GOP leaders in Congress are now backing away from language in a House bill that would make illegal immigration a felony. They stay it probably won't be included in future legislation -- numbers six and five straight ahead.