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Making A Murderer (Netflix) (Spoilers) (1 Viewer)

cockroach said:
I don't recall, but either way it was BS on the prosecution because the narrative was that he used *67 to "lure" Halbach to the property, when it's 100% clear she knew she was going to Avery's even though the name on the appointment was Janda (because it was his sister's van that they were selling).  But there was a bunch of funny biz with the call records Kratz was using... I'll try to find the reddit post on it.

Meh, after reading a little more, it might be a misinterpretation... seems like a pretty controversial topic, IDKwhat's what TBH

https://www.reddit.com/r/TickTockManitowoc/comments/6h8brr/zellners_new_subpoenaed_cell_records_prove_there/
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interesting... but Zellner says he DID use *67 in her briefing:

2:24 p.m. Ms. Halbach received a call from Mr. Avery who was wondering when she would arrive. Ms. Halbach did not answer the call. Mr. Avery used the *67 feature on his cell phone so that Ms. Halbach would not feel that she needed to return his call if she did not answer because the *67 feature would not register Mr. Avery's cell phone number on Ms. Halbach's cellphone.  (--I wondered why they didn't present a reason for this originally, or maybe they did and I can't recall?)
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SacramentoBob said:
This brain mapping stuff is bull####.  If that's the kind of thing she's relying on, I'm skeptical of the entire thing.  In her next filing, she will claim to have contacted Theresa Halbach via Ouija board and can reveal the real killer.
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Agreed. I'm shocked at how stupid some of her arguments are, and they leave me disinclined to read the rest.

Instead of filing a several-hundred page brief with every stupid argument she could think of, why not file a 20-page brief with just the decent arguments (if any)?

 
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The ineffective assistance of counsel argument is a waste of time. It's not like they showed up drunk and slept through the trial. They worked diligently. Counsel isn't ineffective because some of the choices they made can be second-guessed.

 
I agree some of the stuff is grasping at straws, but what about the stuff that isn't? 

10 x the DNA that would be expected on the keys?   Reminds me of when I was a kid and tried to get out of school by heating up a thermometer to pretend I had a fever and over doing it to the point where I'd be dead if that was my temp.  

Def not enough for an exoneration like she was wolfing about.  But plenty enough to establish the basis for a retrial, where she can get her hands on the rest of the exhibits.  

 
Maurile Tremblay said:
Agreed. I'm shocked at how stupid some of her arguments are, and they leave me disinclined to read the rest.

Instead of filing a several-hundred page brief with every stupid argument she could think of, why not file a 20-page brief with just the decent arguments (if any)?
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Maurile Tremblay said:
The ineffective assistance of counsel argument is a waste of time. It's not like they showed up drunk and slept through the trial. They worked diligently. Counsel isn't ineffective because some of the choices they made can be second-guessed.
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So I'm the opposite about knowledgeable about lawyer stuff, but a couple thoughts on the above comments:

Regarding the weak stuff she mixed in with the legit issues, maybe it's a volume deal where including lots of extra low value fluff doesn't hurt anything, and there's a small chance it could be useful.  I'm with you though, I'd much rather see only the strong evidence submitted so people would focus on it and not on the obviously questionable arguments.

For the ineffective assistance, I remember reading that Strang and Buting both understood that that claim was likely to be eventually made and had no problem with it, knowing it was an accepted strategy - they actually supported it if it would help Avery.  I still think they did a great job under incredibly difficult circumstances, and things that may seem obvious now have the benefit of untold hours of research and scrutiny by a team of lawyers, not to mention all the amazing research and details and theories that an army of redditors have turned up.

 
cockroach said:
I agree some of the stuff is grasping at straws, but what about the stuff that isn't? 

10 x the DNA that would be expected on the keys?   Reminds me of when I was a kid and tried to get out of school by heating up a thermometer to pretend I had a fever and over doing it to the point where I'd be dead if that was my temp.  

Def not enough for an exoneration like she was wolfing about.  But plenty enough to establish the basis for a retrial, where she can get her hands on the rest of the exhibits.  
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Blood evidence:  "There's not enough of it!  It had to be planted!"

DNA evidence:  "There's too much of it! It had to be planted!"

 
parrot said:
I want to know how drunk Zellner was writing this thing;  

"The killer parked the RAV -4 facing west although the vehicles surrounding the RAV -4 all faced east ..."

http://imgur.com/6N9pjL0

:confused:
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I could be wrong, but pretty sure that is not a pic of TH's RAV4. Looks like a red/maroon vehicle to me. Plus, there was no flyover footage of her RAV4 on the lot, IIRC. That's part of what Zellner was saying. 

 
Nathan R. Jessep said:
I could be wrong, but pretty sure that is not a pic of TH's RAV4. Looks like a red/maroon vehicle to me. Plus, there was no flyover footage of her RAV4 on the lot, IIRC. That's part of what Zellner was saying. 
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To be clear, the RAV4 is under the gray tarp.  This footage was after LE found it and placed the tarp over it.  

 
Ren Ho3k said:
https://twitter.com/zellnerlaw/status/877976100139397120

:confetti: 
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No matter where people came down on the Steven Avery issue, it seems there was universal agreement that Dassey got ####ed over.  Sad that it's taken over a decade just to get to this point.  The worst part is they can appeal to SCOTUS and keep him locked up during.  At some point, after a couple of court victories overturning your verdict, common sense has to say let him go whether or not it's under appeal or a re-trial.

 
Sinn Fein said:
Yeah, his first lawyer should be in jail for the rest of Dassey's original sentence. 
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He was fired from his firm when the series came out.  Yelp reviews ruined him.  As they should...

ETA: Pisses me off he is asw the military. 

 
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Sinn Fein said:
7th Circuit Opinion

ETA - 128 pages, I expect @Nathan R. Jessep to have it fully briefed by the morning...
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It was a 2-1 split decision in Dassey's favor.  It would be interesting to see if they accept a petition for an en banc hearing.  Quick perusal of the 7th Circuit shows 3 Dem appointees, and 6 GOP appointees. 

In this case the Majority Opinion was shared by Rovner (GWB) and Williams (Clinton), while the dissenter was Hamilton (Obama).

Virtually no chance the SC would take the case.

 
SacramentoBob said:
Why not?
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They are not TMZ - they have no interest in a case simply because it is trending in Pop Culture.  Supreme Court gets 7000+ requests each year, and hears 80 - its highly selective.  Nothing about this case, from a legal perspective, is groundbreaking.

They, SC, are looking to address specific legal issues - and nothing new is really presented here.  There is a SC case that deal with how to evaluate confessions from minors - and no reason to re-visit that case.  As far as I know - there are not competing interpretations among the various circuits that require the SC to referee.  

 
http://mmqb.si.com/mmqb/2017/06/28/nfl-analytics-front-office-old-school-approach-draft-game-planning-charting

GM Ted Thompson is decidedly old school, but the Packers most certainly aren’t. Mike Eayrs, who retired two years ago, was one of the NFL’s first and most respected analyst, despite his advancing age. Green Bay now leans on director of football technology Mike Halbach to take the lead on the data, with technology analyst Ryan Feder playing a role. Coach Mike McCarthy has long been aggressive about using analytics to get to the best answers, and Thompson’s top lieutenants—Russ Ball, Eliot Wolf and Brian Gutekunst—incorporate a newer-age philosophy into the scouting/personnel process.

 
Published 4:27 p.m. CT Aug. 4, 2017 - In a setback for Brendan Dassey, the U.S. Court of Appeals for the Seventh Circuit has granted a request by the Wisconsin Department of Justice to rehear his case.

The one-page order issued on Friday also vacates the court’s critically important 2-1 decision on June 22 affirming a lower court’s ruling that overturned Dassey's conviction in the 2005 murder of photographer Teresa Halbach.

Oral arguments for the “en banc” rehearing will be heard on Sept. 26. An en banc review involves the entire panel of judges rather than just the three who made the initial ruling. En banc reviews are rarely granted in the federal courts, criminal law experts say.
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En link

 
Nathan R. Jessep said:
En link
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Was this the nephew kid, a little slow, wanted to go to Wrestlemania? If so, I feel so sorry for him! I can't believe they still have him locked up. He must get brutalized in the clink. Hopefully they have him in some type of protective system.

 
Beef Ravioli said:
Was this the nephew kid, a little slow, wanted to go to Wrestlemania? If so, I feel so sorry for him! I can't believe they still have him locked up. He must get brutalized in the clink. Hopefully they have him in some type of protective system.
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yep, that's him... He's been on the verge of release a couple of times now, but so far still en clinked. 

 
Just wrapping up this series,  getting ready to watch episode 9 now.

All I can saw is wow. I don't think there's a chance in hell Avery did it. I'm fine with him doing 18 years for the rape charge, it's a good punishment for throwing the family cat into a fire when he was younger. Even Steven so to speak.

But doing life for a crime he didn't commit (IMO) is just unfathomable. Averys attorneys were absolute rock stars and worth whatever their fees were. You can't beat corrupt if it goes deep and far enough, and apparently it went really deep in that department/county.

Season 2 should be interesting with the new wrongful conviction specialist attorney.

 
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Hearing: a 7 judge army

the chief judge of the U.S. Seventh Circuit Court of Appeals and one her colleagues repeatedly made statements indicating that they question whether Dassey's confession was voluntary.

At the same time, two other judges, including former Wisconsin Supreme Court Justice Diane Sykes, made remarks that were more favorable to the State of Wisconsin, which is aiming to reinstate Dassey's conviction.

Ultimately, how the seven judges who participated in Tuesday's session will rule won't be known until they issue a written decision. There is no timetable for that.

....

Either side can appeal the appeals court decision, once it is handed down, to the U.S. Supreme Court. But legal observers have said it would be highly unlikely that the high court would take the case.

If the appeals court upholds the decision overturning Dassey's conviction, Schimel would have to decide whether to put Dassey on trial again or allow him to be freed.
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Dassey has been robbed of his adolescence.  Disgusting what the Wisconsin prosecutor and investigators did.

Still not sure about Avery.  When does Season 2 come out?  I'd think it'd have to be soon.

 
CentralPA said:
Dassey has been robbed of his adolescence.  Disgusting what the Wisconsin prosecutor and investigators did.

Still not sure about Avery.  When does Season 2 come out?  I'd think it'd have to be soon.
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Kind of stands to reason that if Dassey didn't do anything, neither did Avery.  That's why they came after him in the first place, he was his alibi. 

Poor kid, should have went out trick or treating. 

He looks safe and happy from his prison pics though.  

 
cockroach said:
Kind of stands to reason that if Dassey didn't do anything, neither did Avery.  That's why they came after him in the first place, he was his alibi. 

Poor kid, should have went out trick or treating. 

He looks safe and happy from his prison pics though.  
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Yeah, when I watched the series I thought for sure he's be eaten alive in prison, but it does seem like he's adjusted pretty well. Who knows though, maybe he's one of those that aren't too bright but are strong as an ox, and maybe he's beaten some people down to get respect. 

That, or maybe the other inmates feel sorry for him for getting royally screwed by the state.

Or, maybe he joined a nice prison gang and has protection. 

I'm rooting for him to be released, hes done more than enough time for being tricked and convicted.

 
Wingnut said:
Yeah, when I watched the series I thought for sure he's be eaten alive in prison, but it does seem like he's adjusted pretty well. Who knows though, maybe he's one of those that aren't too bright but are strong as an ox, and maybe he's beaten some people down to get respect. 

That, or maybe the other inmates feel sorry for him for getting royally screwed by the state.

Or, maybe he joined a nice prison gang and has protection. 

I'm rooting for him to be released, hes done more than enough time for being tricked and convicted.
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Or maybe prison just isn't nearly as dramatic as you see in the movies.

 
Warrior said:
Or maybe prison just isn't nearly as dramatic as you see in the movies.
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Not to hijack the thread but I wonder if this is true? I have a friend that's in the clink and he says plenty of bad stuff going on but it's pretty easy to stay out of it. But then I watched that 60 Days In and that seems pretty rough? 

 
Wingnut said:
Yeah, when I watched the series I thought for sure he's be eaten alive in prison, but it does seem like he's adjusted pretty well. Who knows though, maybe he's one of those that aren't too bright but are strong as an ox, and maybe he's beaten some people down to get respect. 

That, or maybe the other inmates feel sorry for him for getting royally screwed by the state.

Or, maybe he joined a nice prison gang and has protection. 

I'm rooting for him to be released, hes done more than enough time for being tricked and convicted.
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I like to think they know who he is and sympathize for him.  What Weigert and the state of Wisconsin did to him makes my skin crawl.  

 
CentralPA said:
Dassey has been robbed of his adolescence.  Disgusting what the Wisconsin prosecutor and investigators did.

Still not sure about Avery.  When does Season 2 come out?  I'd think it'd have to be soon.
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Is there a season 2 scheduled?

 
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