Then charge them cleanly and don't artificially try to inflate charges. It is the duty of any jury to let someone off when they feel its malicious prosecution.

Police, Prosecutors, and Judges all openly use their discretion. Each of them could have quashed the charge before it got to a jury. The jury is the last line of discretion. Police, prosecutors, and judges love to call it "jury nullification" but its the same power that police, prosecutors, and judges use multiple times a day.

The only crime I see is that police arrested an innocent person on false evidence, prosecutors charged someone based on false evidence, and a judge is actually allowing this case to proceed all based on evidence that everyone knows is false.