I can see that. And morally I feel it's a shitty defense.
Morally I think it's a fine defense, given the sheer volume of business in things like fake ID out there. Any law that requires psychic powers as its sole means of protection from prosecution is a stupid law.
But at the same time, it's the way that was phrased, re: the potential jury member.
Of course this doesn't appear to apply in this case. I don't see any hint of due diligence from the perp.
Sorry. Legal fiction to maintain here. Alleged perp.