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showing officer coercion, then it is presumed to be a voluntary and free statement made in waiver of his miranda rights and it will be deemed admissible in a court of law. that is one of the most incriminating piece of evidence a defendant can have against them is a confession. that not the only evidence. there is dna evidence in terms of a forcible rape and surveillance and plethora of evidence for the prosecutor. jon: let me ask you this before we go to chuck. he apparently confessed to the murder, according to police but confessed to murder, no, i didn't rape her. this second rape charge as you mentioned becomes dna evidence has come back that some of his dna material was found on her body apparent. but why, why would a defendant do that? why say, oh, yeah, i killed her but i didn't rape her. >> well, it depend. some states, that aggravated rape charge in addition to the

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