if McCulloch had used perjured testimony to SECURE an indictment against a criminal defendant there's a good chance that criminal defendant would have standing to challenge the sufficiency of the indictment.

generally the criminal law works to protect the criminal defendant's right to due process and a fair trial. it doesn't work to protect the state's right to due process or a fair trial.

in this case no one has standing to contest the prosecution's failure to secure an indictment against Darren Wilson. at least, no one has standing to contest the failure where a finding in favor of complainant will result in the prosecutor being forced to submit the Wilson case to another GJ.

maybe the state will get McCulloch for prosecutorial misconduct - but that usually happens when a prosecutor engages in shenanigans that result in a criminal charge being filed and possibly in a criminal conviction. that's not the case here so i don't expect McCulloch to go down for misconduct. but it could happen.