Right, that’s a legal argument. Part of presenting a case is to argue what is the legal issue/crime at hand and what circumstances/information is relevant. It’s the defense council’s job to make the argument you just made, not the prosecutor’s and it’s the judge’s job to make judgements about what information the jury should consider in making their decision. It’s the prosecutor’s literal job to make arguments that benefit their side, within their code of conduct and court rules. I don’t know if it’s a very good or convincing approach by the prosecution, I’m not a lawyer.