Seems like they’re going to have a struggle proving intent. “I was stressed out and afraid and I got the passwords mixed up” would be the magic words I’d hear as a juror and I wouldn’t be able to vote to convict.
Surely they'll just dig into as to why he set up the feature originally?
If you get a jury who doesn't think that "strange self-destructing phone" isn't a criminal's tool to begin with. Which I'd guess is probably not likely.