The return of "Private Practice" (6.6 million, 1.9) was down 32 percent from last fall's Thursday premiere and down somewhat from Body of Proof in this slot last year taking "Private Practice" off its "Grey's Anatomy" life support on Thursdays firmly hurt it.

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But Franklin exercised his discretion and reviewed the case over a three-week period and concluded "that the entire body of evidence was insufficient to meet the burden of proof beyond a reasonable doubt, " Hagel wrote.

NPR: Hagel To Review Air Force Sexual Assault Case

But those behind the project are eager to point out that they may never have conclusive proof of the body's identity.

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