I think it depends on your definition of "failed." An eye witness said it was him. He likely didn't have an alibi that could have withstood an eye witness point

I think it depends on your definition of "failed." An eye witness said it was him. He likely didn't have an alibi that could have withstood an eye witness pointing at him and saying "he did this." Had he been at a convenience store on camera, or some other incontrovertible thing, it would have most likely turned out differently. I'm not sure how a reasonable judge or jury would have come to any other conclusion given what little we know about this third-person retelling of a case so I don't think they "failed" him at least in the way I typically think of that word being used in these contexts.