Making a Murderer (Spoilers)

Rocket89

Rocket89

Uniform Connoisseur
Messages
2,914
Reaction score
551
arrowryan said:
I thought I recently read that he is getting a new trial. So things are looking good for him
Click to expand...

Avery? Nah, he's still a little ways away from getting to that point. His lawyer just submitted her motion and they're hoping to get to that point but it could take a long time, maybe a year or two.

Dassey is much different. A federal judge heard his appeal and ruled his confession unconstitutional. He could've walked free but the state of Wisconsin appealed the ruling. The 7th Circuit Court of appeals just ruled in a 2 to 1 favor to uphold the unconstitutional ruling. The state is continuing to appeal and wants an en banc review (so the entire 7th Circuit) done now. If that fails, all signs are that Wisconsin will take it to the Supreme Court.

The good news for Dassey, is that en banc reviews for the 7th Circuit are very, very rare and they may not even hear the case. I doubt the Supreme Court will, either.

It might be another couple years for Dassey to wind his way through the appeals process but I'd be shocked if he doesn't walk free. No way the state would re-try him at this point they have laughably so little evidence.
 
Rocket89

Rocket89

Uniform Connoisseur
Messages
2,914
Reaction score
551
Irish Joe said:
That may be, but much of the information out there is from known journalists writing for well-known publications and not simply a guy blogging in his parents' basement. Granted those are some of the worst offenders of click bait and doesn't do any favors for the journalism profession.
Click to expand...

Yeah, not really.

The state's DA came out with some pretty laughable quotes about what was left out in the immediate aftermath of the doc being on Netflix. From there, a million copy-cat articles were published.

Aside from a handful of criminal justice articles and one newspaper digging deeper and following the story to date, there hasn't been much in the way of serious journalistic efforts to cover this case.
 
K

koonja

Guest
Just finished season 8 where the jury gives their decision. Fucking heart breaking.

Does Steven have a chance of getting out or not?
 
Rocket89

Rocket89

Uniform Connoisseur
Messages
2,914
Reaction score
551
koonja said:
Just finished season 8 where the jury gives their decision. Fucking heart breaking.

Does Steven have a chance of getting out or not?
Click to expand...

Would it make you feel better to know the jury was on its way to a mistrial before there was tampering and intimidation, resulting in the jury trading votes?

Here's where things stand today:

Avery's lawyer's 1,200+ page post-conviction motion was filed last month.
A judge has to review it, obviously it could take a long time.
The state could write a response to Zellner's motion.
If the judge grants a hearing experts mentioned in the motion will testify.
There could be further orders for new testing in the case in the meantime.
After the hearing the judge will deny or grant a new trial.

Wisconsin clearly has their head buried deeply in the sand and will fight this tooth and nail. If it gets to a re-trial I have no doubt Avery is going to walk free, Zellner will absolute eviscerate the state in the court room. But, you never know how dirty things can get and how much corruption will rear its ugly head again.

Although, if Brendan Dassey is freed before Avery's appeal process gets to his hearing that's going to be a huge step in the right direction and help Avery out.
 
Rocket89

Rocket89

Uniform Connoisseur
Messages
2,914
Reaction score
551
7th Circuit Court of Appeals will re-hear the Brendan Dassey Case. A federal judge has already ruled in favor of Dassey, the 7th Circuit ruled 2 to 1 in favor, and now the whole 7th Circuit will hear the case.

http://www.stevenaverycase.org/wp-content/uploads/2017/08/Order-Granting-En-Banc-Rehearing.pdf

Also, Trump just nominated a ND grad to the 7th Circuit Court. Still needs Senate approval so I don't think he'll take part in this decision.

https://www.usnews.com/news/best-st...ates-new-7th-circuit-judge-wisconsin-attorney

The six-member commission issued a call for applicants for the 7th Circuit opening in February. None of the applicants, including Brennan, garnered the requisite five votes to win a recommendation. Baldwin issued a statement accusing Trump of ignoring Wisconsin's traditions by choosing Brennan.
Click to expand...
 
Irish#1

Irish#1

Livin' Your Dream!
Staff member
Messages
44,599
Reaction score
20,059
Reading the article, it sounds like Zellner should have submitted earlier whatever evidence or argument that she is going to use to appeal this ruling. You better have answers for the counter argument right when you submit your arguments. The judge was able to refute her arguments rather easily.

You also have to remember that once convicted, it is much harder to get a ruling in your favor as opposed to during the trial.
 
Rocket89

Rocket89

Uniform Connoisseur
Messages
2,914
Reaction score
551
Zellner has added a supplement to her previous motion:

http://www.stevenaverycase.org/wp-c...Filed-Motion-for-Reconsideration_redacted.pdf

Interestingly, turns heavy amounts of attention to Bobby Dassey (older brother of Brendan), Barb Janda (Brendan's mom now married as a Tadych), and Scott Tadych (then boyfriend of Barb now husband).

Bobby testified that he slept all day, woke up, showered, and went deer hunting. But not before seeing Teresa walking toward Steven Avery's trailer. The supplement claims there was internet activity during the time Bobby was supposed to be sleeping. And they found pics of Teresa and other disturbing images of mutilated women. Also, Barb tried (unsuccessfully) to "clean" the computer of these images back in 2006.

Maybe most damaging, through new testimony, prison phone calls, and social media posts (LOL), multiple members of the Dassey family, including Barb and Bobby's brother Bryan, claim that Bobby lied on the stand about seeing Teresa walking toward Avery's home and that he did see her leave the property.

Rolling Stone has a nice recap of the supplement:

'Making a Murderer': Defense Implicates New Avery Nephew in Murder - Rolling Stone

Not sure what it all means, but to me it's further evidence that law enforcement absolutely put the screws into Avery's relatives (sacrificing Brendan in the process) to build their extremely flimsy case & Zellner has been slowly untying that tangled web.
 
Rocket89

Rocket89

Uniform Connoisseur
Messages
2,914
Reaction score
551
7th Circuit Court of Appeals rules 4-3 that Brendan Dassey's confession wasn't coerced.

This poor kid.
 
GATTACA!

GATTACA!

It's about to get gross
Messages
15,106
Reaction score
12,945
Rack Em said:
As a lawyer, I don't understand how someone can watch that video of his "confession" and not say it was coerced. I just don't get it.

Also, how in the hell do you convict someone of murder without any physical evidence?!?
Click to expand...

You really a lawyer Rack'Em?

I always picture you as a homeless guy that lives under a bridge and browses IE on the Walmart store display laptops.
 
Rack Em

Rack Em

Community Bod
Messages
7,089
Reaction score
2,727
GowerND11

GowerND11

Well-known member
Messages
6,539
Reaction score
3,290
Rack Em said:
As a lawyer, I don't understand how someone can watch that video of his "confession" and not say it was coerced. I just don't get it.

Also, how in the hell do you convict someone of murder without any physical evidence?!?
Click to expand...

Interestingly, my dad's friend from high school was convicted of killing his wife. It's believed to be the first federal conviction in the US without a body. Look up Robert Russell murder.
 
phork

phork

Raining On Your Parade
Messages
9,863
Reaction score
1,019
I am no where near a lawyer so there must be some reasoning as to why this isn't being appealed.. But our resident lawyers have chimed in, so no idea..
 
BobbyMac

BobbyMac

Staff & Stuff
Staff member
Messages
33,950
Reaction score
9,294
This country's legal system is OUT OF CONTROL.

And 99.9% don't care until one of the plethora of agencies sets it's sites on your money and freedom.

Full legalization of weed can't get here soon enough. That will be a good first step.
 
Rack Em

Rack Em

Community Bod
Messages
7,089
Reaction score
2,727
phork said:
I am no where near a lawyer so there must be some reasoning as to why this isn't being appealed.. But our resident lawyers have chimed in, so no idea..
Click to expand...

The Supreme Court is the highest appeals court in the US - if they won't take the case, then the lower court (the US Court of Appeals) decision is final. You can't appeal something for the Supreme Court to review again (unless there is new evidence or some change to the facts, but I'm not even sure about that because I don't litigate).
 
Rack Em

Rack Em

Community Bod
Messages
7,089
Reaction score
2,727
NDCrusader said:
This country's legal system is OUT OF CONTROL.

And 99.9% don't care until one of the plethora of agencies sets it's sites on your money and freedom.

Full legalization of weed can't get here soon enough. That will be a good first step.
Click to expand...

It's definitely not out of control. It was wonderfully designed 250+ years ago to ensure everyone could have their day in court and was afforded due process. It's just cumbersome because the country is so large. Many countries have far less efficient systems and higher corruption.
 
BobbyMac

BobbyMac

Staff & Stuff
Staff member
Messages
33,950
Reaction score
9,294
Rack Em said:
It's definitely not out of control. It was wonderfully designed 250+ years ago to ensure everyone could have their day in court and was afforded due process. It's just cumbersome because the country is so large. Many countries have far less efficient systems and higher corruption.
Click to expand...

Definitely disagree.

But if you specialize in criminal defense, I hope you are making a positive difference every day by fighting the good fight.
 
Rack Em

Rack Em

Community Bod
Messages
7,089
Reaction score
2,727
NDCrusader said:
Definitely disagree.

But if you specialize in criminal defense, I hope you are making a positive difference every day by fighting the good fight.
Click to expand...

I work in Compliance, so no......

There are definitely instances where the law gets it wrong, judges and attorneys get it wrong, the police get it wrong, the legislature gets it wrong, etc. I believe this is one of those instances where reasonable minds should be able to see the confession was coerced and a conviction without physical evidence is crazy.

But overall the justice system and the Constitution do a great job of protecting people against the State. Keep in mind that "innocent until proven guilty" and "due process of law" were pretty novel concepts in the 1700s when the Constitution was being written.
 
phork

phork

Raining On Your Parade
Messages
9,863
Reaction score
1,019
Rack Em said:
The Supreme Court is the highest appeals court in the US - if they won't take the case, then the lower court (the US Court of Appeals) decision is final. You can't appeal something for the Supreme Court to review again (unless there is new evidence or some change to the facts, but I'm not even sure about that because I don't litigate).
Click to expand...

I meant why the appeal didn't take. Bad choice of words. Which is why I am not a lawyer.
 
N

ND NYC

New member
Messages
3,571
Reaction score
209
Maybe Trump can/will pardon these two.

We need Kardashian or Rodman to lobby on their behalf.
 
You must log in or register to reply here.
Top