In a 23-page decision from Superior Court Judge Scott McAfee, the court concluded that “the prosecution of this case cannot proceed until the state selects one of two options. The district attorney may choose to step aside, along with the whole of her office, and refer the prosecution to the Prosecuting Attorneys’ Council for reassignment. Alternatively, [special assistant district attorney] Wade can withdraw, allowing the district attorney, the defendants, and the public to move forward without his presence or remuneration distracting from and potentially compromising the merits of this case.”
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