Man, if the fact that Luigi, the smiling man, and the actual shooter are visibly three different people isn't enough of a defense, nothing is. The ruling class wants to see someone punished for this crime, and rule of law bends to their will. He will be sentenced to life in prison or death by the end of this month, mark my words.
Yes because it specifically allows examining his motive from a political angle which allows the defense to question the character of the guy he shot, which increases the chance of nullification.