[dragonwriter]

> Almost three years for an appeals court to come to this conclusion. That's (at least) two trials.

No, it is one trial. Appeals courts do not (in general [0], and did not in this case) conduct trials.

[0] There are cases where what is usually an appellate court, like the SCOTUS, has original jurisdiction over certain cases and conducts trials, but in those cases it is not an appellate court and there is no prior trial, and there are cases where specialized lower courts (small claims, traffic courts where they are separate and not a function of a court of general jurisdiction, etc.), can be appealed to a trial court of general jurisdiction, which will conduct a trial, either in the normal sense or on the record of the prior trial.