Why can't you ask your lawyer to subpoena the records from the ISP? If you're innocent the ISP's records should indicate you've never interacted with the servers you're being accused of accessing. Just alleging that something could be wrong isn't enough, reasonable doubt has to have a boundary line somewhere. Now if there are cases where defendants are prevented from admitting exculpatory evidence that would disprove circumstantial evidence, then that's a separate problem (i.e. when prosecutors hide evidence).