That constitutional violation probably makes it harder for them to get it without prejudice, but they've shown themselves to be complete and utter retards, so your theory is very much a possibility. They would have to convince the judge, and it seems like he's completely sick of their shit. Maybe they were hoping the judge would be crooked like in the Cosby case.
Maybe they're hoping for a mistrial without prejudice.
"It wasn't intentional misconduct, your honor. I'm just overworked, stressed, emotionally invested, retarded and whatnot." - the prosecutor probably
That would be the absolute best case for the prosecution considering how badly some witnesses appear to have backfired for them.
That constitutional violation probably makes it harder for them to get it without prejudice, but they've shown themselves to be complete and utter retards, so your theory is very much a possibility. They would have to convince the judge, and it seems like he's completely sick of their shit. Maybe they were hoping the judge would be crooked like in the Cosby case.