 Epistemological hand-wringing about the use of the very theory to be tested in the generation of the evidence to be used for testing, seems to spring primarily from a concern about vicious circularity. How can we have a genuine trial, if the theory in question has been presumed innocent from the outset? While it is true that there would be a serious epistemic problem in a case where the use of the theory to be tested conspired to guarantee that the evidence would turn out to be confirmatory, this is not always the case when theories are invoked in their own testing. Woodward (2011) summarizes a tidy case: