If Hardy did in fact pay her off for not testifying, then why won't she be charged with extortion? Two wrongs don't make it right.
There are two different issues, which Rogah has been willfully ignoring since the beginning. There is a criminal charge against Hardy and then the potential for a civil lawsuit against Hardy by Holder. They are two completely different things - i.e. OJ Simpson being acquitted in a Criminal Trial but losing the Civil Trial.
The DA claims he has evidence of Hardy reaching a settlement with Holder on the Civil Case and implies that this influences the Criminal case. There are a whole bunch of reasons why that isn't the case and there is every indication the DA was covering his butt in a high profile case that he should have sorted out much earlier in the process.
1 - Its common to settle civil cases if you are completely innocent. The trial will cost 500K or more and most nuisance accusers will settle for 25K or 50K.
2 - If the DA believes Holder is taking a payoff to avoid testifying in the criminal case, its a felony and he has a legal responsibility to prosecute everyone concerned for it. He didn't.
3 - Holder didn't cooperate even before the bench trial hearing and in fact, didn't want to talk to police the night of the incidence when Hardy called 911. She tried to leave without speaking to the police and only made the accusation of DV when the officer on the scene asked her "Don't you want to hear what they are saying about you inside?" At that point she came up with the story about Hardy beating her to the point that "she was covered head to toe in bruises". (She said at the bench trial that Hardy only choked her without leaving any bruises).
4 - There is no evidence whatsoever of the payoff, and Hardy's lawyers told the NFL there was no payoff. That kind of thing can be tracked and lying about it would blow up Hardy's defense so it seems unlikely that they would lie about it.