“Judge McAfee dismissal of the six counts presents a difficult question for the prosecution. If they try to secure a superseding indictment to correct the earlier mistakes, it will make it difficult to try the case before the election… The defense is allowed discovery and time to prepare for the new alleged crimes. That will take time off the clock. The court has indicated that they can still rely on the underlying conduct to make out the general racketeering charge. However, that theory was already thin soup and it just got a bit thinner,” Turley said.

Turley continued: “Part of the value of the multiplicity of counts was to convey a pattern criminality as a foundation for the more serious racketeering charges. This does not disable the case, but it adds yet another set back for the prosecution as it awaits the disqualification decision.”