Prosecutors must and do have wide discretion in deciding what charges to bring and against whom. Most of the bellyaching against them is just PR work done by the defense bar. Better to paint the prosecutor as Satan than come to terms with the fact that your client is a hood.
Occasionally, however, criminal defense lawyers are the heroes they claim to be, and prosecutors need to be stepped back by the judicial branch. Thus I was happy to see the prosecution reproached by the highest criminal court in Texas for perhaps the most blatantly political, and absurd, prosecution I have ever seen: A bunch of leftist prosecutors indicted then-Gov. Rick Perry for "threatening" to use his constitutional power to veto funding legislation. Good grief.
The Duke rape hoax indictment, together with this case, show that the deference due prosecutors, while broad, cannot be unlimited.
The story is here.
Why does it take a 52-page court opinion to slap down such an obviously frivolous and groundless and politically-motivated indictment?