"Mr. Bernstein's record and its net effect are now in evidence. And his belated attempts, after this was first argued last year, to rush back and charge a modestly better percentage of older cases — though they were in no way different prosecution files from when his office first passed on those cases — was reactionary, belated and telling. When a new police commissioner comes to you, in the wake of such criticism, and personally asks you to charge five homicide cases that your office otherwise declined to prosecute, and then you agree, what does that say? That the cases suddenly improved? That you are an aggressive prosecutor? That the campaign you ran against the incumbent, declaring she was not as aggressive as you would be — that this was in any way an honest critique? Or does it affirm that your campaign rhetoric was hollow, and that you are, in fact, less aggressive now that the job is yours. Even with Mr. Bernstein's belated effort to charge some of the older cases, the number of homicide defendants going through the doors of the Mitchell courthouse remains about a third less than under the previous administration of the office."