«The question in these difficult cases is not whether a
local prosecutor, including one with understandably close ties to his or her fellow
local law enforcement officers, is capable of setting aside any personal biases in deciding whether to, or how vigorously, to pursue the case,» Schneiderman wrote, adding, «the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious
charges against the accused officer are not pursued or are dismissed prior to a trial
by jury.»