Why would you want a mistrial when you are winning? Doesn’t that just mean you start over again? He could face a better Prosecutor, who has the hindsight to avoid all of the current pitfalls the current idiot has fallen into. Why start over when you are winning? I don’t get it. He seems to be on his way to full exoneration and having this thing behind him. Why ask for a mistrial and have to repeat the entire process with a better Prosecutor?
What am I missing here?
They probably knew that the judge would deny it, and asking for a mistrial may have been necessary to preserve a complaint for either a post-verdict motion for new trial or for an appeal. In many jurisdictions, certain complaints can be waived by failing to move for a mistrial.
If there is a mistrial with bias declared, the case cannot be retried.
You ask for a mistrial so you don't waive it on appeal in the event that the jury decides to convict.
The prosecution appears to be pushing for a mistrial so they can have a do-over. The defense is asking for a mistrial with prejudice, meaning that the prosecution would not be able to retry him.