My assumption is roughly the opposite - the intent of the video was to prejudice the jury as far as possible against the accused (he killed a person honorable enough and empathetic enough to suggest a more lenient sentence! To the pit with him!)
It wasn't about the content of the video - it was about the emotional response to an AI generated facsimile of the victim.
It was turned over for 'prejudice' to the judge, not the jury. So this take isn't supported by the decision
The whole resentencing judgement came in part because the original judge stated how much he liked the ai video of the victim.
Is your point merely that they accidentally used the wrong word here? This strikes me as one of those shallow dismissals that the HN guidelines (wisely) caution against: