Perhaps the only thing worse than the actions of the prosecutor in this case would be the actions of a jury member who regarded both sides as on equal footing. Both sides do have equal evidence, none. Again, such a juror commits an epistemological error by giving equal weight to an arbitrary positive claim and its corresponding negative claim. Here we see baldly the evil of the agnostic position. This brings up an important point regarding human cognition.
Human languages use a form of shorthand.
Such shorthand is convenient both linguistically and conceptually, but we must not forget that all of our claims must be based in reality and man's means of cognition. You can also choose to disprove the implied claims of meaningfulness and verification. Lastly, we have the law of causality. This principle states that the actions, interactions, or transformations possible to an entity are determined by that entity's specific identity. A piano can be played but a thought cannot.