What if there was an eyewitness?
Not good enough. Eyewitness testimony has been shown over and over again to be unreliable. As a jurist, I could possibly send a man to prison on circumstantial evidence alone, just not to death.
Considering the number of rape cases that were tried (in the past) based solely on eyewitness testimony only to be overturned years later when DNA evidence showed them innocent.
I say nope.