TM is not alive to say he sent those messages, someone can say they received them and received responses from them but they cannot say unequivocally that TM sent them IMO
The state has every opportunity to put witnesses on to say that TM didn't them texts. It would be on the state to prove TM didn't sent them since the auto assumption is the owner of the device did.
Maybe even the judge thinks this is going to be an aquittal so she's not worried about throwing appeals out the window.