Making a murderer (Netflix)

Making a Murderer: Steven Avery wins right to appeal

https://www.bbc.com/news/world-us-canada-47380658

Mantis Toboggan wrote: »

Interesting, hopefully this could lead to a retrial for Brendan Dassey also.

The only winner in this will be Netflix.

Avery and Dassey are whipping boys for the state. They ain't getting out.

Mantis Toboggan wrote: »

Interesting, hopefully this could lead to a retrial for Brendan Dassey also.

Brendan has no chance of a retrial. The only way he gets out is if Steven Avery is cleared off the murder. I'm sure this was stated toward the end of season 2.

oscarBravo wrote: »

I recently finished John Ferak's book "Wrecking Crew". It's not a well-written book, but it contains a bunch of information that isn't in the documentaries. The short version: Manitowoc's police are thoroughly corrupt from the top down, and have been for decades, and Ken Kratz is a disgusting slimeball.

This is just about the only thing I'm 100% sure about from the documentary.

Ken Kratz is a vile piece of sh1t.

An utterly self serving egotistical,morally bankrupt narcicist.

Boom_Bap wrote: »

My understanding is that they are getting a chance to re-examine some bones to prove if they are human or animal.


It doesn't prove innocence or guilt, just that the case built had a flaw. It's a technicality rather than proof of innocence.

This is waaaay bigger than that.

The prosecution presented evidence to the jury that showed TH had been killed on Avery's property, and burned in the firepit, same location.

Zellner's current motion that is being remanded to Circuit Court concerns the other bones, recovered from Manitowoc County Gravel Pit.

These "other bones" included a pelvic bone fragment, and other bones that were "possibly human", DNA analysis not having been conclusive at the time.

In his closing statement, Kratz dismissed these bones to the jury by saying "I will spend 20 seconds on these bones" since they could not be proven to be human, let alone Teresa's.

With the statement above, he reinforces his case that everything happened on Avery property, therefore Avery is the killer.

In 2017, Zellner is curious, and wants to retest the bones, to see if it could be determined whether they are in fact human or animal, and if human, possibly Teresa's.
She is told by AG Fallon that they have the bones, and if all legal procedures are satisfied, she'll be able to test them whenever.
That drags on, and the court denies Zellner's motion so that puts a stop to that for a bit.



Fast forward to a few weeks ago :

- Zellner is getting ready to file a massive brief, she's trying to get somewhere with this case, and re-states what bones she wants re-examined.

- some online sleuths obtain new files from Freedom of Information request. These police files show that a number of bones have been handed back to the Halbach family in 2011. The list of bones includes bones Zellner wanted to retest. Avery's lawyers at the time were never informed.

So, the bones that Zellner wanted retested for Avery have been handed back to the Halbachs.

Handing back bones to the family would be fine if not for some big problems :

... are these bones human or animal ? are they even Teresa's ? At trial, it was stated that this was unknown.

Law Enforcement either :

- gave the family back some possibly deer or chicken bones.


- knew that the bones were Teresa's and/or human, gave them back to family and violated their own law that requires evidence that could potentially be retested to be retained for as long as someone is emprisoned.

This law was established some time back in WI, and is basically a way to save evidence from destruction in case a defendant may be able to retest and prove their innocence thanks to progress in science/technology.

Zellner's new motion to the court was that the State acted in "Bad Faith" when they handed back those bones to the family :
- they either knew whether bones were human or not at trial and misrepresented evidence to the jury,
- OR they got them retested on the sly in the meantime,
- OR they handed animal bones back to family.

In either of the above propositions, the outcome is that the evidence has been destroyed, and Steven Avery is unable to have them retested now that Rapid DNA technology might get more definitive results (not as performant back then).

Law Enforcement/the State have destroyed evidence that could have swayed the jury in favour of reasonable doubt (showing that some bones were out of Avery Salvage Yard, therefore killer could be anyone).
The State broke the law.

Zellner presented all this to Court of Appeal, who ruled that yes indeed, that all needs to be checked out, and so the case for this particular motion is being directed back to the circuit court (the lower, original court).

Problem being, the judge in question is Angela S. (nicknamed "Flowers"/long story), and she is a bítch (long story).

Sorry long post, complicated situation.

Kathleen Zellner reveals...............Reward offered

https://twitter.com/zellnerlaw?lang=en

Just a heads up that Kathleen's brief to the Court of Appeal is due next week . There will be some stirring around that, although as far as I understand there is no time frame for the COA to respond, so things could take months to move if they do.

Meanwhile Laura Nirider and Drizin have petitioned Governor Tony Evers (WI) for clemency for Brendan Dassey.
The previous governors had refused to pardon prisoners, but gov Evers is starting that again. Brendan does not fit the criteria, but Nirider and Drizin are asking for deviations and an exception in his case.

Also meanwhile, Kratz is re-releasing a book of drivel, with 2 extra chapters. He has also been interacting with people on Twitter and spreading more lies about the case.

Mantis Toboggan wrote: »

Ah poor old brendan dassey, not a shed of evidence against him and locked up for what 14 years now? Some waste of a life.

It is so sad. And Kratz still is trying to fight this case with character assassination and lies. I am in the process of checking out lab reports (I did mention on boards before I believe that I went full on with this case and I'm still obsessed with it, it's kind of a past time now...). So far I have found that the bedroom in trailer crime scene had not in fact been checked for DNA. I'm well aware it's not a "finding" as such by the way, it is something that has been plainly visible ever since the BD trial, simply another fact of the case Ken wanted to go unnoticed.
Why would he want this to go unnoticed ?
Well, his narrative is and was always that Avery had 4 days after the crime to clean up, that he forensically cleaned the place with a "Rug Doctor", and so not a single drop of blood or DNA was found in there.
He recently posted on Twitter that no DNA of Jodi's, Teresa's, or Brendan's was found in that room, and that showed how well Steven had cleaned up. It peeked my curiosity that he would mention Jodi, since her DNA sample was never collected to compare evidence to. (Another lie !)
While checking lab reports used at trial I also realized that Sheryl Culhane (hair lady) had not in fact checked swabs from that room for DNA, because none of these had any trace of blood.
As per trial transcripts, there were too many hairs collected in the vacuum and that room to check, so hair wasn't tested. In fact, there were 8 hairs lifted specifically from the bedside locker and headboard that could possibly have been tested, it could have yielded precious info since in confession BD said they cut Teresa's hair and placed it on the locker. These 8 hairs are tagged and bagged and locked away in evidence, and not sent to lab that I can see.

So yeah. No evidence to corroborate Brendan's confession, a suspicious crime scene processing protocol, and a narrative that the supposedly sterile room was due to Steven's diligent cleaning skills (you should check out newly released photographs of the place to assess how NOT cleaned it looked).