There are always assumptions to be made. You're assuming that no-one has doctored the footage, that the cops have done their job diligently, that the evidence hasn't been corrupted. There was a case recently in Australia where an accused rapist was convicted on DNA evidence that was later found out to be faulty due to the method in which it had been collected - a girl he had slept with happened to be swabbed in the same room as the rape victim the day previously and they hadn't properly cleaned the room in between.
If the loophole you suggest existed in law, you'll find that lawyers would quickly become experts at raising the slightest tinge of doubt to get their clients off death row.
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Spending as long as I do here, it's easy to forget that Oddworld has actual fans.
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