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Prosecution, and i don't think that's going to be the case i don't think that took place until later on at least from what's been publicly reported. there's no state action it probably will come in. >> you said you think "the jinx" the make it harder to prosecute the case. why is that? >> i think it definitely will make it harder to prosecute the case. i think you'll have the specter hanging over this prosecution that for some reason it was made for tv. it was engineered. this was not something where it was a direct answer to a direct question but instead tried to take out of context. who know...

Bob durst two times. the first time was for about three days in 2010. we went back to him again a couple of years later to show him this new evidence we had discovered. we thought we were done at the end of the interview. he reacted in a strong way to the material we showed him and he got up and said good-bye and we thought that was the end. the microphone kept recording. we always leave the microphone on and he went to the bathroom. it wasn't until months later when we had an editor listening to material with evidence we left behind thinking we've got to listen to everything we've got, we're ...

Confession on tape. >> he got up and say goodbye and we thought that was the end, but his microphone kept recording, we always leave it on him, he knows that, and he went to the bathroom while it was recording and months later we had an editor listening to material we had left behind. we'll go back and finish the series and we discovered a shocking piece of audio. >> "new york times" said two years, you said months. >> it was many months since we sat down with him. we have the kind of revelation which he was unable to determine which of the two handwritings were his own, after that he got off....

Bathroom while it was recording and months later we had an editor listening to material we had left behind. we'll go back and finish the series and we discovered a shocking piece of audio. >> "new york times" said two years, you said months. >> it was many months since we sat down with him. we have the kind of revelation which he was unable to determine which of the two handwritings were his own, after that he got off. many months later we realized the more interesting revelation may have been the secret revelation. joining me now is "new york times" contributeor.

Them all, would likely be allowed in as evidence and obviously tough evidence that wuntd present in the other trials that he beat the wrap on. the director of the series says it look months to realize that that open mic moment was recorded. >> it wasn't until months later that we had an editor listening to material that we had just left behind thinking well now we've got to listen to everything we have and go back and finish the series and we discovered we had this shocking piece of audio. the truth is we hoped he would be arrested as soon as possible and we were sort of amazed ourselves that ...