Actually the most critical piece of information is that the case was dropped and he was released from jail. Given that the US legal system hinges on a presumption of innocence this is the key indicator for us. We're forming an opinion of this city's police department and DA, not deciding their fate. If/When the police or prosecution release the tape we can change our conclusions appropriately. If they consider this to be a serious PR issue they might just do that.

To draw the photo taken by his attorney into question relies on assuming his guilt, his attorney's misconduct and the prosecutor taking that misconduct without putting up a fight. Occam's razor and all that.