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Originally Posted by amorentz
Exactly, a judge could only dismiss a case if it was found that there was insufficient evidence to even mount a case at all (or in a civil case, failed to sufficiently state a claim on which relief can be granted).
I would imagine that in a really egregious case of a prosecutor hiding witnesses or information the judge could dismiss the case on a due process basis, but I think that would have to be REALLY bad.
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So if the defense can prove that the prosecution was somehow informed of the witnesses' recent arrests, then the case can and should be thrown out. Wow, that would also put the brakes on that prosecutor's political aspirations.