Gregg Bernstein, who was Baltimore City state’s attorney when the Ungers were released, said he could have retried the cases, but instead cut deals. That was a calculation based in part on whether the cases were winnable, given that many witnesses were deceased and some forensic evidence had been lost. As well, he said, “we had to take a really hard look at, what is the purpose to be served by the continued incarceration of these individuals after so many years?”