Isn't that convenient...
I always thought if the officer's not there, case is thrown out...
My guess is this, the Officer was there and a part of the original encounter of course, but he did not write a citation. The charges were brought by the DA's office later on, after they found out that Mark was planning a suit.
The Officer's attendance is more like that of a witness. If lowly citizen scum like you or I were to attempt to get out of a court date for vacation, we would be ordered to appear and jailed if we didn't show.
The Philly gubmint and it's henchmen are your betters, and you just watch your ass before you question any of their activities, lest they find your crumpled body at the bottom of a dumpster. :uhoh: