He didn’t deserve to be behind bars, not after the hellish mental taunting he had received from Percy, the same twisted sociopath who had gone on to murder Narcissa. If Draco had his full memories...if he knew just how deeply he was wronged, Hermione couldn’t see him idly sitting in prison, waiting for the Ministry to exonerate him. She had come to believe this was how the baby was protecting him; he was prevented from otherwise taking rash and deadly action. Draco was sheltered by what he didn’t fully remember.