I haven't been paying too much attention but if this is his defense, it's ridiculous. Though, sadly, ridiculously porous defenses have worked before, such as in the OJ case. I recall this gem from the OJ case from the execrable defense team on the chances of DNA mismatches:
Lawyer: So you say “10 to the power of minus 30” and your “colleague” claims it’s only “10 to the power of minus 24.” Isn’t that a big difference?
Statistician: Actually, not so big…
Lawyer: What do you mean “not so big”? Isn’t the difference between the two estimates six orders of magnitude?
Statistician: Well…
Lawyer: Six orders of magnitude, ladies and gentlemen. Six orders of magnitude! This is the difference between one dollar and one million dollars
As if there is a huge difference between "never ever ever ever ever fucking happening" and "never ever ever ever fucking happening."