new evidence can always be introduced
New evidence can not be introduced at an appeal. Only matters of law.
But, it looks to me like Scott gets two bites of the apple. This trial where a not guilty verdict would stand, and a second one after an appeal where the general atmosphere of a farce will be found to have infringed on his rights.
Geragos must be licking his chops. The Judge can not just go ahead & dismiss jurrors until he finds a set which will deliver the verdict he wants.