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Speaks little english. had he been a college student or tourist the defense said charges wouldn't have been filed. prosecutors say this was not an accident. holding the gun high, the da said this is the weapon that killed kate steinle. she is dead because this man pointed a gun in her direction and pulled the trigger. the defendant's own words show he intentionally fired and had he not been guilty, he would have helped stainly and not run. the sole witness was kate's father, jim. he was walking arm-in-arm with her the moment she was hit. >> she stops, takes a selfie. she turns around and the s...

Keith morrison: now that was a bombshell. livers own attorney had never been told by authorities that he'd recanted his confession. so, basically, from the official story, his recantation simply disappeared. right. the cass county sheriff's department declined dateline's request for interview, or explanations of how this happened, or for that matter, anything else about the case. but in december 2006, seven months after the murders, prosecution experts finally agreed, too. livers' confessions were deemed unreliable. i went over to the jail and, you know, matt was in the cell and we told him, y...

Felony murder, a murder committed in the course of a felony, in this case, rape. the question for prosecutors without semen, how could they prove that a rape even occurred? >> if you have a rape case, wouldn't you have a semen sample that you could use to tie the rapist to the rape? >> if the rapist doesn't ejaculate, you have no semen sample. in this case, our supposition was that mr. ferris was choking cheryl miller to get her to participate in this act, and he killed her. and in that instance, he may very well have lost the desire to complete the act. >> you can't tell us what he was thinki...

In order to do that, they had to convict him of what is called felony murder, a murder committed in the course of a felony, in this case, rape. the question for prosecutors without semen, how could they prove that a rape even occurred? >> if you have a rape case, wouldn't you have a semen sample that you could use to tie the rapist to the rape? >> if the rapist doesn't ejaculate, you have no semen sample. in this case, our supposition was that mr. ferris was choking cheryl miller to get her to participate in this act, and he killed her. and in that instance, he may very well have lost the desi...

A hair taken from the victim. >> bradford the "post" reported of the 28 examiners with the fbi's laboratory microscopic hair comparison unit, 26 overstated forensic matches in the ways that favored prosecutors in more than 95% of the 268 trials reviewed so far. as a defense attorney, what does this say to you about the credibility of prosecution experts? >> well specifically in this case it undermines the entire system. what -- you know, what i think is interesting is they keep saying they overstated it. thing like that, like how about that they lied? how about the truth? they lied. so wheneve...