I think Baldo is pretty sure now in his subconscious there is no way in hell he is going to get a murder II. He is using whatever he can to try to leave something out there for the jury to build upon. And if not that, enought so they don’t get sued.
juries are unpredictable. they could convict for ANY reason. Even to send a message for a social agenda. (all killing bad)
Baldo is banking on ignorance and the everyone is guilty theory.