Have you ever gotten the "confused old man" defense to work?
Actually, I have gotten a variant to work. I was going to say no, but remembered a case from way back. It was a "confused young man" case though. I had a juvie client who was arrested for solicitation. The argument was that the kid really didn't
intend to solicit the undercover officer and was just repeating stuff he didn't really understand. (And to be honest the kid was kind of slow.)
Thing is, a defense should never be evaluated outside of the facts of the case, the people involved, and the fact-finder(s). So did the above argument win because it was independently brilliant? Obviously not. It just happened to be a winning argument for that particular case with that particular defendant in front of that particular judge.
So, would the confused old man work for Kraft? With two videos? With the testimony of two witnesses? I'd have to see the vids and weigh the evidence entire, and know something about the prosecution team, but at this early stage, I'd certainly lean "no."