- There’s no evidence that anything was deleted from Mangum’s phone.
- There’s no evidence that any sexual act toward Mangum occurred, much less was videotaped.
- Even Mangum—who by this point has told close to a dozen different stories about the event—has never claimed that the lacrosse players threatened to expose her if she opened her mouth.
- No evidence exists that any of the lacrosse players “made sure everybody has a tight cover story,” or any cover story at all. Given that players did different things as the party broke up, the Nifong/Cohan version would have the lacrosse players as criminal masterminds, concocting dozens of different individual cover stories either on the fly or, if in advance, concealing all evidence of their concoction.
In the event, Cohan breezily implies (p. 441), perhaps Mangum misidentified Seligmann. In Cohan’s world, Seligmann and Finnerty still should have gone to trial. Indeed, he appears sympathetic to the bizarre assertion of Mangum (of all people), who dismissed Seligmann’s alibi (p. 520) on the grounds that “none of the evidence was actually verified in court.” But in the American legal system, as Cohan if not Mangum surely knows, when the prosecutor and defense both accept evidence (as the special prosecutors and defense did regarding Seligmann’s alibi), the evidence is treated as accurate. Otherwise, every case, including not only plea bargains but those in which prosecutors had concluded they indicted the wrong person, would need to go to trial.