[P-Marlowe]

I keep asking myself why this wasn’t seen as a frivolous prosecution with no hope of a conviction.

I don't know how it got to trial at all.

Wasn't there a Grand Jury?

Isn't the standard for a Grand Jury that they must conclude that it is "probable" (or more probable than not) that the defendant committed a federal crime? This wasn't even close.

Once again, the jury didn't even have time to order a pizza before they came back with a not-guilty verdict. The prosecutor should be fired.

[xzins]

If the standard is “probable” and not “possible,” then there’s no way this was not a frivolous prosecution.

It is possible that the naval investigator misrepresented the case to the prosecutor and grand jury. That’s someplace an inquiry could be launched.

In this case, the prosecutor could always maintain that Weemer and Nelson ruined the case by their refusal to testify.