The point isn't whether caliber/ammunition is a ridiculous thing to focus on, IT WAS. The prosecution will use whatever it can to make it's case. Remember, Fish wasn't even charged until a group of "dog lovers" started putting pressure on the DA to file charges (and the DA somehow suppressed testimony that the man Fish shot had a severe anger problem and had threatened others in the past).
Forget Law & Order reruns. Just like with defense attorneys, the object for most DAs isn't justice, it's to win.
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