It simply deflects attention away from the facts. [fact]
However, if the question under consideration is a factual issue—whether the defendant committed the crime charged or whether the parties agreed to a contract—an appeal to pity is irrelevant; it simply deflects attention away from the facts.
Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 1039