Time, weather, other people/witnesses around, locations, speeds, etc.
Some of the witnesses were very methodical and clear in what they saw (a horrific car crash in the trial I was watching). Others seemed very confused about what they saw, and their versions didn't make sense.
I like your idea. While there may not be any direct evidence or witnesses, the scene of the “crime” would lend itself to is it believable or not.
I recall a store years ago where the dressing rooms were down a long hallway and well away from the main area, and the rooms had full, locking doors. At the Goodwill store they have the partial doors and the rooms are on the wall adjacent to the women's racks of clothing with customers three feet away.
This is such BS!