The police and the prosecutor will scrutinize this evidence in exquisite detail, and if they find something is askew, that something doesn't fit in the alibi evidence, they will not hesitate to charge Seligmann with yet another crime. That would be obstruction of justice.

The question we must ask is whether this third player is in the process of negotiating with the prosecutor and is seeking immunity from prosecution or is seeking leniency for his testimony against the other players. Has the prosecution succeeded in driving a wedge into the veneer of solidarity the team has presented so far?

Its absence is not important. There are hundreds of men in penitentiaries across the United States who were convicted of rape without their DNA being found on the victim. It does help the defense to some extent, but it's not conclusive. The whole idea that DNA evidence was somehow conclusive was the invention of the defense lawyers. Its absence hasn't stopped the grand jury from charging these guys.

There won't be a settlement. When you're talking about an alibi, you don't have much leeway to negotiate out of a case -- 95 percent of criminal cases are negotiated, but this isn't one of those cases. These guys come from wealthy families and have the money to fight it.