Actually, when police first questioned her, they never asked anything about the vehicle. They merely showed her a photo of JY and said "Did you see this man?" It was at a later interview that the idea of the light colored SUV came up. It would have been dark, she had 6 customers at the register at that time and she looked outside to see his vehicle? Sorry, not buying it.
I just would like to know how you can possibly find her testimony credible knowing that she couldn't even describe what he looked like? Short and balding. That's all I needed to hear.
Combine the shaky identification with the fact that JY's gas receipts and mileage added up perfectly consistent with his trip and I don't see how the theory holds up at all. He would have run out of gas long before reaching King had he done what they allege.
It's a good thing that NC has changed the requirement for witness identification. As of 2007, they *must* show a witness a photo line-up with at least five filler photos. They slipped by with the Gracie thing. Had it happened after, 07 it wouldn't have been accepted in court. I doubt she would have been able to identify JY from a 6 person line-up especially if there are bald men in the line-up.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_14A.pdf