The appeals court found that the deficient notice was the fault of the judge, not the prosecutor. So it was the the judge that knew better but didn’t care.

I suppose one thing to note is that the appeals court found that the deficient notice was the fault of the court not the prosecutors. This is because it was the judge who - on Friday- set the vacate hearing date for Monday. The prosecutor immediately notified the family after exiting the judges chambers and then followed up on that on Sunday.

The appeals court also confirmed that the victims representative does not have the right to speak at at these types of hearings, only to attend. Which isn’t surprising because the statue is clear. Here the judge did allow him to make a statement albeit over zoom. If you read the appeals court order, the judge in this case is not required to let the victim representative speak at the new hearing, only attend. So while the judge will almost certainly let him speak since that happened last time, the judge is not required to do so.