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Defense argue entrapment that the mic was intentionally not turned off when he went to the bathroom? well the argument could be is hbo actually an agent of the government. fred it s really it s almost a bar exam question whether that statement is admissible or not. you have issues of authenticity. it was made two years ago. maybe more than two years ago. chain of custody on that. was it a knowing waiver by him, which obviously it was. it s hearsay. there is no probative value of it does it exceed the prejudicial value. i think it s admissible. even if it is admissible fred this is not going to make a first degree murder conviction this recording. the defense will have a hay day on this. we have not heard anything about any exactly. physical evidence. still no dna, right, in large part. so still mostly circumstantial? that s right. why would this make a ....

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