I think the judge should dismiss the case with prejudice, in recognition of the DA's demonstration of willingness to make a citizen defend against very serious charges with such a paucity of proof of anything.
GCB died. How he died, there was never enough evidence to know what happened. Just guesses. And lots of DA spin to try to make their own "facts." They put Kelly on trial anyhow.
This was a politically-fueled prosecution - the same sort of approach they used to use with lynchings, where you punish first and look for facts later (or never). And there's no statement the DA has learned a lesson and repented. The same politics is still in play.
Having a sword of casual prosecution, continue to hang over Kelly's head for this tragedy, merely awaiting a new whim by the DA, that is just wrong. This case should NEVER have been brought, and the judge needs to man up and prevent it from re-occurring by making the dismissal with prejudice. imo