Question: If the judge did dismiss the case, would that have left the door open for Zimmerman to be retried on a different charge? Which would be better for Zimmerman - a dismissal, or a “not guilty” verdict?
Far from me to say with any authority. I would guess that a not guilty verdict would preclude other “lesser” charges from being filed.
If she dismisses with prejudice it will not be retried.
I think she fully understands that if she dismisses the case her home address will probably be tweeted to the angry mobs by the NBP or someone.
I doubt she wants that.
A “not guilty” verdict would be the brass ring. No further charges can be filed in this case. It’s over.
Short answer is yes. The prosecution could appeal and if she was reversed there would be a retrial.
These motions are a formality and almost never granted.
I know it sounds counter-intuitive, but there are trials where the judge sees who is likely to prevail and starts protecting her record by making sure the side that seems to be losing gets all the breaks and has nothing to complain about in a motion for mistrial or new trial. A good example is testimony by the cop that Zimmerman seemed to be telling the truth. Even though the prosecution did not object at the time, she still granted their motion to give a curative instruction. Nothing for the prosecution to complain about or file a motion about.
Bottom line is if this jury acquits it's over. The prosecution has nothing to base any post-trial motion on.