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That with a jury and they don't -- even that, remember, a defendant's statements, a defendant's admissions, all of that stuff still may not be add missable if they can't prove what's called the corpus delecti. >> of course people innocent of killing three people often say offhandedly "sure, i killing kim all." that's a very important statement. >> lisa -- >> and everybody heard it. one more point, we haven't talked about one of the most important pieces of evidence which is the handwriting exemplar. we know robert durst's handwriting and we know a letter that he sent close in time this murder,...

Limitations and there is a prosecution or a civil case that moves forward, the question becomes what will these similar acts do in that litigation and will they come in and will they otherwise be add missable? >> oh, you mean prior bad acts? would you like thief conversation with me n( just a few moments? >> i would love to. >> because i had that planned. thank you to you both. we have new developments in another story we're working on. the confederate flag in south carolina. a big, big vote just wrapped up in the state senate. want to know what the result is? null a moment. uthis isn't the ...

Local authorities are considering filing charges on him here and holding him here. >> reporter: right now durst is facing one charge of capital murder, for a murder that took place in 2000 his close friend and confidant susan berman. he's going to be pleading not guilty in this case. it's unclear that the evidence produced during the documentary will be add missable in court, specifically that audio we heard in the bathroom. >> it'sfascinating. do we know why he was in new orleans traveling under an alias? >> it's unclear, there are reports he bought some real estate here but we don't really k...

Of what derril willard told his lawyer was add missable in court. >> in other words, the attorney can be talk about what his client told him if it involves a third party who might have committed egregious crime like murder. >> derril willard told his lawyer about a conversation he had with ann miller in a parking lot just after eric's death. >> the attorney stated that his client, derril willard, told him that ann miller went to the hospital on that first hospital stay, took a syringe, and injected somethinging into eric miller's iv which presumably was arsenic. >> he then stated that he asked...