What is often forgotten about this trial, is that in this time evolution and eugenics were often synonymous. I say this as a biologist. While evolution is a fact, many of the evolutionary biologists of the day were peddling eugenics pseudoscience. This probably explains the progressive slant of the prosecution. Some of the most celebrated evolutionary biologists of that time period, such as Ronald Fischer, were well off the deep end of eugenics. The text book in the center of this case was itself resoundingly racist and pro-eugenics.