If anything we learned in comic books is what you experience is only the beginning of the truth as we got with the CC story, so yea it be up to the investigations to come up with ALL the facts, people, evidence. More-over, not who would defend or would would prosecute, but who would led the investigations that would be totally unbiased and get to the facts in all corners of the Marvel Verse to make a trail legitimate. Also, the defense is proving Innocence and the Prosecution is proving guilt, but each side must have the right facts so that they don't derail themselves.
Again, no trail until an Investigation is done, Justice is blind, making it anything less undermines both sides IMO and hurts any case.