Yes, I understand. And what you're saying really sucks for Ross.

It's like if you're on trial for shoplifting and feel that you didn't get a fair trial so you appeal it, and the DA says no - and by the way we also think this person broke into someone's home. They never actually arrest you for the break-in but you get 5 years for shoplifting because the judge is influenced by the break-in accusations (that you never get to counter in court).