I don't think anybody disputed Dusek's tone. It was the effect it would have with the jury that was in dispute.
The article states that at least one juror seemed in sympathy with Dusek. FWIW.
Not that the media would ever lie or spin, but if this is true, it's looking more and more like a hung jury.
Since politics might be the main motivation for this trial, I wonder whether politics would dictate a retrial, or just let it drop off the front pages so everyone forgets?