It's supremely simple, the prosecution is responsible for their own evidence. They are supposed to share it and they screwed up and/or maliciously altered it to give themselves better positioning.
The judge absolutely refuses to give the prosecution the L. Yes, he obviously wants the jury to provide legitimacy to things, but it's going out of the way to screw over.
Is the judge waiting for the verdict first? If not guility, letting it ride, but if guilty then declaring a mistrial? That's the only legit path I see here barring the judge being scared of media scrutiny.