Delays are not uncommon and have no relevance to guilt/non guilt. The DOJ has given evidence to review and I'm sure the defense will try and use as much time as the courts will give them to prepare. This is not a win or lose for anybody, just a way the system works. I'm sure as the 9/11 date gets closer, the defense will ask for more time again. Sooner or later the court will decide to say no there's been enough time. I'm sure even if the judge thought this was a slam dunk or a weak case, they are not going to risk appeal if the defense said they did not have time to prepare given the evidence. Many cases have followed the same path that have resulted in guilty and not guilty verdicts.
So at this point to say anything has been "favorable" or the judge is leaning one way or another is a personal opinion. They are working the way they usually do given Dr Schena's personal history and the facts of the case compared to similar cases throughout time.
The bottom line is that they could delay again or not delay, let Dr Schena out on bond or not, or do anything else that courts usually do, it won't have an effect on the outcome.
The game starts at the prelim hearing. If as you say the case is full of holes, bad facts coupling with bumbling DOJ/SEC/Postal Inspector then there is a chance the case will be dismissed. This is almost never the case. Given this is the first case that the DOJ/SEC brought to light, most likely they have a mountain of evidence that they went over multiple times because it's the first case and they want to set a standard. Having Dr Julie already plead guilty does not look great. The Penny Stock Trader bust does not put things in a great light either.
But it's not for us to guess. If Dr Schena goes to trial, I'm sure there will be much that will be explained on both sides. If you think he's innocent and the company is great or if people here think he's the scum of the earth, it won't matter one way or another. What's going to count will be revealed in the courts. It won't matter about Dr Schena's nice guy past, if he broke the law regardless of intent and is convicted then he will be a felon and go to prison.
IMHO this is a bad or horrific company position regardless of outcome. To get to this point shows terrible decision making and will follow the company around like an albatross. If you are serious in business and are looking to invest, merge or buy technology getting sanctioned by the SEC and accused by the DOJ along with all of the other lawsuits really puts up a HUGE red flag during the DD process.
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