No, what he is trying for is to create such confusion in the minds of the jury that they are divided in their opinion as to which brother did it. 
The jury had made a unanimous decision as to which brother was guilty. 
mnli hypothesis: The jury had made a unanimous decision as to which brother was guilty.  premise: No, what he is trying for is to create such confusion in the minds of the jury that they are divided in their opinion as to which brother did it. 