The Diallo case was difficult for the prosecution from the start.
And four key issues are stated by the prosecution from the outset.
The trial was a sensational one, with testimony for the prosecution from Mr. Calabrese's closest relatives.
Judge Juris Prudence Chloé Wepperr) allows the prosecution (from left, Max Bisantz, Janna Emig and Benjamin Katz) to do a hilarious re-enactment of the Little Pigs' murder.
Mr. Cruz's legal theory is that a hung jury creates enough reasonable doubt to preclude the prosecution from seeking the death penalty in a subsequent trial.
But the defense team failed to prevent the prosecution from bringing Mr. Malvo into the courtroom to be identified by the liquor store clerk.
The testimony elicited by the prosecution from seven officers who directed the searches of various sectors seemed intended to leave the image of a vast but precise operation.
A judge in a civilian court might at least have saved the prosecution from itself (morally speaking, if not in terms of getting a conviction at any price).
That could be problematic for the prosecution, Professor Gillers said, because the defense lawyer could pin the witness to certain facts that would prevent the prosecution from later changing its theory of the case.
Just before the trial's opening Judge Debra Nelson barred the prosecution from introducing testimony from voice experts who were to argue that screaming heard on another emergency call tape was that of Mr Martin.
