Again, with your edit, you miss the point. You can invoke any amendment you want at any point in a legal defense; whether or not you win is a matter of how you

Again, with your edit, you miss the point. You can invoke any amendment you want at any point in a legal defense; whether or not you win is a matter of how you justify it. Killing a person and calling it 'performance art' is a totally different type of case than what we have here.