Whether actual vindictive prosecution can be established when a mistrial is declared and additional charges are brought, and whether an unsworn statement can overcome a presumption of vindictive prosecution

QUESTION(S) PRESENTED 1. Can actual vindictive prosecution be found when a mistrial is declared, not caused by a hung jury, and the Prosecutor responds by bringing additional charges, if so do the statements and actions by the Prosecutor in this case give this court what is needed to establish federal law on actual vindictive prosecution? 2. Can the State overcome either the presumption of or actual vindictive prosecution with an inconsistent, unsworn statement that never faced cross-examination. i fs X