Of course they wouldn't charge if they don't think their evidence will lead to his conviction. Therefore I think the BARD standard is what guides them. For us it would be nice to know what they have, but this is not their care!We don’t need to worry about BARD standard. The prosecutors can’t get approval from a judge to charge. It nothing else this should prove that the evidence in the MM case is materially inferior to that in the rape trials.
The rape trials were a fiasco but this is for a different thread. (I personally believe they should have separated the cases, with HB being on her own, but I don't know how these work).