Another GAPING plot hole
It wasn't hard for the DA's assistant, Ella Crystal (Amber Tamblyn's character) to determine that the photograph from the first crime/trial shown in the movie was digitally altered. The defense attorney in this trial surely would have investigated the authenticity of this particular photograph, especially since his client would have told him that he wasn't smoking when he committed the crime, or that if he was he didn't dispose of his cigarette but at the crime scene.
Maybe the accused didn't say anything because he really was guilty, and his defense attorney didn't think to question the authenticity because he knew/suspected his client was truly guilty. Just because the DA fabricated evidence doesn't mean that the accused wasn't guilty in the first place.
Charlie don't surf!share