This is just Kafkaesque. People in a position of authority with blind adherence to rules intended for optimal scenarios. They're literally saying he should have just thrown them away instead of distributing them as best he was able. This whole thing is a logistical clusterfuck and they're trying to throw this dude under the bus. It's obscene.
The really telling part to me is that (seemingly) no one from any of the organizations involved (the hospital and the prosecutors office) will come forward and outright say that what was done was immoral. They are all hiding behind a veneer of "what he did broke the rules and my job is to enforce them", which is about the weakest argument one can make in defense this sort of thing.
Had the judge not thrown out this case, she'd have another feather in her cap, another headline for the website: "Kim Ogg puts nepotistic, racist, embezzling doctor behind bars!" Doesn't need to be honest, just needs to sound good.