The judge deemed it not necessary for acquittal, and yet she has no way of knowing how the jury will rule, unless she's psychic. So if the jury comes back with a guilty verdict, the judge has thrown the case to the state, essentially. Grounds for her disbarment perhaps? Definitely grounds for an appeal. But that in itself is a travesty of justice....to drag this no-case out in yet another trial.
I read “psychic” as “psychotic.” LOL
At this point it comes down to jury instructions and how well O’Mara is able to connect the dots and pull it all together, and of course how many times Bernie can say “^*&%#@* punks” and “^&%holes” in his closing remarks.