I think the judge is just trying to salvage the trial against a mistrial to see if the jury will come back with an innocent verdict. If they don't he can always declare a mistrial with prejudice based upon Binger's clear constitutional violations.
I also think Binger is hoping to provide a mistrial so he can get out and file a new case with a new jury as he clearly lost this one. Viva Frei has a panel of experience lawyers and that is what they are speculating. Also it is interesting that Binger has a reputation for being dumb and lazy, the other ADA is known as smart and lazy, while no one else in the DA's office wanted the case as they all saw it as a clear loser.
Most prosecutors have an 80% conviction rate because they only take the solid cases with a chance of success. Binger win rate is only 40% which even other prosecutors say is astonishingly low.