I certainly don’t agree with Smith’s theory of the case as it currently is charged, but identifying alternative legal theories in support of your position is just good and competent lawyering.
From my conversations with attorneys in several states, this approach to "lawyering" is considered highly unethical when employed by a prosecutor.
A prosecutor's job isn't to run off on wild tangents with remote plausible connections to existing statutes in a desperate attempt to pursue a criminal conviction against a citizen whose innocence is presumed in the absence of solid evidence.
There is “competent lawyering” and then there’s
CORRUPT LAWYERING!