Court hands victory to Fletcher; dismisses Nighbert's indictment.

In a win for Fletcher and a defeat for Stumbo, the Franklin Circuit Judge handling the merit system investigation has dismissed (without prejudice) the Grand Jury indictment of Transportation Cabinet Secretary, Bill Nighbert.
Read the story here.
The court found that the conduct, which formed the basis for the now dismissed indictment, was partially covered by the Gov.'s blanket pardons. The Court also, by dismissing the indictment without prejudice, left open the possibility that the Grand Jury can issue a re-indictment in the case, but ONLY for post pardon offenses.

But on a more important note without being overly critical, it seems to me that the issue is so elementary and its import so obvious that Stumbo should have known NOT to seek an indictment based on conduct covered by the indictment. I recall, maybe I am wrong in stating this, Stumbo's office assuring us that the indictment was based on facts that post date the blanket pardons. If so, did Stumbo's office mislead us then, and more importantly, have Stumbo's people mislead the Grand Jurors?