No, that's not what happened.
This issue has not been decided yet.
So far, LVD has filed a written motion for a new trial, and multiple reasons why she thinks it's justified. The state has been given a chance to respond with their view of her motion and her points, which they have done.
That's as far as they've gotten.
From here, the judge (not the prosecution) will make the decision. He has various paths to choose from. He could do it by merely reading and weighing the motions and what they say, and then making a decision based on that, and in most requests for a new trial, thats all that happens. But at the discretion of the judge, any motion CAN be set to be argued in front of the judge, and there can be even be witnesses as needed, before the judge then weighs it and rules (and it may be some days before a ruling).
In this one? It remains to be seen what path he will choose, but with at least one crucial fact up in the air, it sure feels he should set a hearing and even call for an investigation. That's what I think he should do fwiw, but we will see what happens.
