I haven't been paying attention, but that doesn't even seem credible. Have you ever tried to deliver a video via text message?
The real WTF moment is that the defense said they'd be fine with a mistrial without prejudice. Like, stick to your guns, man. Prosecutorial misconduct is grounds for a mistrial with prejudice! If the judge wants to give you a new trial after a guilty verdict, fine, that seems to be what he wants to do, but don't start undermining your potential appeals by giving up your arguments.