This is based on who is telling the truth. The defendant denys being in the city at the time of the murder, but then a local newspaper states that he heard gunshots from inside his apartment the day of the murder (which would be impossible if he wasn't in the city at the same of the murder). There could also be a chance that the newspaper could be lying mainly because the defendant objected that the evidence was correct. In this case, the judge should take this into consideration especially when a local newpaper article announced that the defendant heard gunshots after saying that he was never in the city. So I would say, the newspaper article could be evidence to prove that the defendant is responsible for the murder.
(Hint: Students do not have a First Amendment right to make obscene speeches in school.)
Matthew N. Fraser, a student at Bethel High School, was suspended for three days for delivering an obscene and provocative speech to the student body. In this speech, he nominated his fellow classmate for an elected school office. The Supreme Court held that his free speech rights were not violated.