Another legal question:
Could a judge (assuming he is a good judge) set aside a conviction not supported by the facts?
In this case can you imagine the violence that such a decision could trigger? Not that this means that a judge's decision should be swayed by such considerations, but it will. Many judge's would be more than happy to hand such a hot potato over to the Appeals' Court. This argues for us to keep pushing hard to get this thrown out beforehand, assuming that no real evidence suddenly appears.