Have you been watching the trial at all? Richards is the first chair, for one thing, he's the one who is responsible for not objecting to ANYTHING, not bringing up how they need to dismiss the trial with prejudice every time it's relevant, and more. He could have objected to so many things, pressed the motion for dismissal (with prejudice) every time the prosecution overreached, and didn't. He dropped the ball HARD, over and over. He could have got them to remove the provocation instruction, but didn't. He could have objected when the prosecution lied about the law and the jury instructions, but didn't. And more. If you think it's Chirafisi because he said they should dismiss w/o prejudice, that's not even his independent choice to say that, it's Richards' and Kyle's.