[geofft]

I think they've admitted the theft of the files in court. As quoted in yesterday's thread https://news.ycombinator.com/item?id=14044517 :

> "He downloaded 14,000 files, he wiped clean the computer, and he took [them] with him. That's the record. He’s not denying it. You're not denying it. No one on your side is denying he has the 14,000 files."

So, "You've already said he stole the files, why" seems like a perfectly reasonable question for a judge to ask.