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Do some affirmative act. mere presence alone will not make eye ability in this case. and one of the key things here is this confession that new york police say they have. to you, randy, the defendant police say he initially confessed. what kind of affect could it have if we recants? certainly if you remove the con infection, which right now seems to be the strongest piece of evidence against this defendant, what do you have? we know nothing in terms of for forensic evidence. the witnesses have been gone for all of these years and never said a word and now coming out and making admissions. who knows. but in terms of the fompl of the confession, that s really key here. was it a written confession, was it videotaped? absolutely. what will happen here, this defendant will say, listen, i either said this because i just wanted to go home and i didn t mean it. or he s going to say, i never ....