"Are you suggesting, counselor, that the mark on Mr. Prosecutor's forehead is not a fact?"
[Judge stares balefully]
“Are you suggesting, counselor, that the mark on Mr. Prosecutor’s forehead is not a fact?”
In order for the defense attorney to prove prejudice, he would have to provide evidence that the ashes are prejudicial. Merely pointing out the fact that the attorney has ashes on his forehead is not evidence.
Evidence must be admitted to a court. Facts are not.