He’s actually correct on that and that’s why witnesses especially after a period if time make the worst evidence in court. There’s actually been psychological studies on this issue. However, you don’t need all that, just from your own personal experience you know that you could be recalling something that happened a couple years beforehand with somebody that was there as well and they’re like “no that’s not what happened” and you’re “yeah that is what happened”
It’s just the way it is.
Agreed.
But IMHO, a competent lawyer wouldn't go on national TV and say something like that -- in advance -- about his client. It's just plain stupid in terms of PR.
(After a conviction, however, a good lawyer could and probably should raise the point upon appeal.)