It appears that ‘well he could have been’ is sufficient evidence to those less interested in truth than scapegoating.
- His phone was there.
- He told Busching he was involved in the crime.
- He told an ex-girlfriend he was close by to the apartment at the time.
- An original eye-witness has claimed it was CB she saw hanging around the Ocean club.
Of course, we don't have access to the police files to know yet whether are all of these things reported in the Press are 100% accurate. But if they are, they would all be strong indicative evidence that he was indeed in Luz.
A 5 year police investigation has not found any indication to exhonerate him by placing him elsewhere. CB was asked in 2013 about his whereabouts at the time. Either he admitted to being in Luz at the time, or wherever he claimed to have been has not been corroborated.
He has yet to provide the current investigation team with an official alibi, or an explanation for why his phone was in Luz. As much as certain people here are wanting to give him the benefit of the doubt, I would still say the onus is on him to explain that. And I believe a Judge will be of the same opinion. Phone evidence is seen as extremely strong in the court's eyes. He will have to give a compelling reason if he wants to claim he wasn't using it. Simply saying "you can't prove I was using it" will not wash with a Judge.
Theres no scapegoating. It's the sceptics who have no interest in getting to the truth IMO. Repeatedly writing off everything pointing to CB without any proof to justify it. What proof do you have that he wasn't in Luz? None.