but your example is too narrow into a law unto itself... shoulda went with scientific theorums
In a mystery of identities the evidence will be much more closely related to a police investigation over scientific theory. When Cowl was here, where were other characters as evidence to remove them as suspects for example.
I do have reasons to believe what I do, but it's not solid evidence like in a crime. It's more about how stories are constructed, and my experience in decades of movies, tv shows, and books combined with reading a lot about creating stories. So it's more about my instincts.
#1. In stories where a villain has a hidden identity, they are almost always in the story under an unassuming persona. For example Senator Palpatine in Star Wars being the Sith Lord. So Cowl is probably a character we have seen, or at least a name being dropped. That leads to a lot of possibilities, and Simon is a known character.
#2. One way that characters are eliminated as suspects is the belief they are dead. They then pop up later, and it's explained why they aren't dead. In a book of magic, body swapping, and necromancy it's not too far of a stretch to believe his death wasn't real.
#3. Simon was Justin's teacher, giving him a direct connection to nefarious wizards, and everything Justin was involved in, including a Starborn being created, and Elaine (Kumori?)
#4. As a personal friend of Eb it will make the betrayal that much more dramatic (story reason).
LMAO no, actually that's why it's innocent until proven guilty. The suspect would never say such a flimsy thing because no court would proceed to prosecute on the idea.
If you are someone with a motive, and cannot explain your whereabouts at the time of a murder you are in a lot of trouble. It's on YOU to prove you weren't there. A lot of people have went to prison because they could not disprove the prosecutions theory even if the prosecution couldn't prove they were there (dna, video, eye witness), just proved you had a means, motive, and opportunity (you cannot explain where you were at the time of the crime). They don't need DNA, video, or an eye witness.
Perfect example:
John had an altercation with victim the day before the murder, witnessed by 9 people.
John owns a colt 45, the same kind of gun that the victim was killed by, but has lost it.
John refuses to provide an alibi for the time of the murder.
If John wants to avoid prison he better prove that he didn't commit the crime. The burden is now on John because his ass is going to prison if he doesn't prove the prosecution wrong. Prosecution doesn't need to prove John was at the crime scene, or that his gun was the weapon. John needs to prove it wasn't his gun, and or prove he wasn't there.