As others theorized earlier, I believe that they rushed to take this to trial before the fiber, dna, etc. results came back, very sure that they would prove his guilt. Unfortunately for the prosecution things have not worked out as they expected so they're stuck looking like liars. I can only hope that the jury remembers or has taken notes during the opening statement. Whether they did or not, I'm sure Feldman will be only too happy to refresh their memory. That's why DW is paying him the really big bucks :-)