I think it's important to keep straight aspects of evidence and procedure
If BM is charged again my understanding is that it a fresh trial from the start - this means much of what happened pretrial in the dismissed prosecution doesn't matter this time at bat
eg. Cahill messing up on the glove box DNA evidence in the prelim
The whole glove box sex offender abductor thing won't be happening in a new trial because that evidence never existed. Cahill just bumbled the testimony. A DNA expert will explain there is no sex offender.
e.g "Exclupatory evidence"
There is no exculpatory evidence. These arguments happened in the context of the discovery violations. No doubt IE wil try and make something of the dog handler at trial but it's weak sauce
We know from the state's response to the sanctions that IE managed to pull the wool of the judge's eyes to a significant extent to get the sanctions. In any do over the state needs to be on the ball with these aspects. Which I am sure they will be. But there really is not a bunch of scary evidence out there. IE 'won' by overwhelming the state with procedural attacks which the first judge was alive to but the second judge was not.
So hopefully we get a more discerning judge, and an resourced up prosecution.
If BM is charged again my understanding is that it a fresh trial from the start - this means much of what happened pretrial in the dismissed prosecution doesn't matter this time at bat
eg. Cahill messing up on the glove box DNA evidence in the prelim
The whole glove box sex offender abductor thing won't be happening in a new trial because that evidence never existed. Cahill just bumbled the testimony. A DNA expert will explain there is no sex offender.
e.g "Exclupatory evidence"
There is no exculpatory evidence. These arguments happened in the context of the discovery violations. No doubt IE wil try and make something of the dog handler at trial but it's weak sauce
We know from the state's response to the sanctions that IE managed to pull the wool of the judge's eyes to a significant extent to get the sanctions. In any do over the state needs to be on the ball with these aspects. Which I am sure they will be. But there really is not a bunch of scary evidence out there. IE 'won' by overwhelming the state with procedural attacks which the first judge was alive to but the second judge was not.
So hopefully we get a more discerning judge, and an resourced up prosecution.