ray: robert breest is now 78 years old, having spent the majority of his life in jail. his lawyers told the court that based in part on those dna tests he deserves a new trial. since 1973, robert breest, seen here at previous hearing, has been incarced breest was convicted of the murder of 18-year-old susan randall, her body found in the merrimack river in concord. a dna test done in 2012 found that there was dna from two males under her fingernails. in appealing to the state supreme court, lawyers for brees say he's entitled to a new trial, something the state opposes. >> in none of the 5 dna tests from 2002 to 2012 was the defendant excluded as a source of the dna profile. test results exonerate mr. breest. we say that they are favorable. ray: in the original trial the state also relied upon the testimony of david carita, who said that breest confessed to him while they were both locked up. carita has since died, but the defense says that testimony can now be disproven by another inmate. >> carita says breest confessed and kelleher was there. the authorities go to kel