Does that really matter? We are discussing a picture, nothing more and nothing less.
Absolutely. The prosecutor should be fired and de-pensioned. Any judge involved in allowing it to get this far should be removed from the bench.
This is so beyond the scope of "law and order" that it's not even open for discussion.
The only discussion should be "is there a law the prosecutor can be charged with breaking and if so how many years can he possibly get in prison?"