I could be way off, it looks like he’s giving us his version of a little peek at the prosecution’s way of thinking.
The thing is, the prosecution is not interested in the facts of the case at all, because it appears the facts favor the defense. They are only interested in how few they can get away with being introduced.
Remember ... probable cause is a pretty low threshold. Also,I am going off facts I see and read which is absolutely NO substitute for Prosecutorial investigation. In no particular order...
He refuses to explain himself despite multiple challenges, so he does not deserve the benefit of the doubt, IMO.