I am not a lawyer but can't/shouldn't the defense request a dismissal at this point if the prosecutor just admitted it is an on-going investigation? It seems a bit unfair to continue with the case while using the fact that it is an open investigation as a cover to collect more evidence against them. It is unfair because the lawyers for the defense are trying to defend against a moving target.<p>NB: Not defending Holmes or Balwani but curious about the legal status of the case.