This is the first I've heard of witnesses who saw him in Berkeley in the middle of the night. As much as I'd like to believe it--HOw would they see him in the dark??
Now as far as the burglar seeing him doing something suspicious, that I could believe.
Well, let's look at it this way. We presume that his alibi ("where were you on the night of the 23-24?") would be the very smug and virtuous retort, "I was home in bed with my wife."
Unfortunately, the only person who could possibly confirm that alibi is... dead.