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

Damn...

Judge Sutkiewicz replied in her decision:

"This defendant's argument leaves out several significant facts. The author of the report concedes that there is no forensic test available that can conclusively determine whether DNA was left by sweat. As such, the report cannot conclusively state that the DNA on the hood latch could not have been left by the sweat of the defendant's hand.

Furthermore, while 11 of the test subjects did not leave detectable DNA on the hood latch, the fact remains that 4 of the test subjects did leave detectable DNA by touch. The report does not give any quantifiable statistics as to the amount of DNA left in his tests or comparable data to the test performed on the hood latch in question and entered into evidence at trial.

Contrary to the defendant's assertions, the test of the DNA on the hood latch does not rule out the defendant's hand as the source of the DNA."
and Zellner's comment:

Avery's attorney, Kathleen Zellner, released this statement to Action 2 News: "We are filing an amended petition because we have additional test results and witness affidavits. The scientific testing is not completed. We remain optimistic that Mr. Avery's conviction will be vacated."

 
Avery's attorney, Kathleen Zellner, released this statement to Action 2 News: "We are filing an amended petition because we have additional test results and witness affidavits. The scientific testing is not completed. We remain optimistic that Mr. Avery's conviction will be vacated."
:sleep:

 
new motion filed Monday(10/23/17)

In the new 54-page motion filed Monday and obtained by Newsweek, Avery’s lawyers say they have new evidence that could free Avery. Among this is purported proof Halbach left the Avery property alive on the day she died and that Bobby Dassey, whose testimony was key to the prosecution’s case against Avery, had accessed images of Halbach, as well as violent pornography and disturbing images of dead women.
summary of the key claims:

  • On November 6, 2005, Bobby Dassey’s older brother Bryan Dassey told Wisconsin Department of Justice officials that Bobby had told him in the days prior that he saw Halbach leave the Averys’ property. At trial, Bobby testified he last saw Halbach walking toward Avery’s trailer—reportedly the last time she was seen alive. This evidence, lawyers say, was not explored in the original trial and “would have cast the State’s case in a completely different light.”
  • In an affidavit to Avery’s lawyers, Bryan Dassey more recently said: “I distinctly remember Bobby telling me, ‘Steven could not have killed her because I saw her leave the property on October 31, 2005.’”
  • A new witness has come forward to say they saw Halbach’s RAV4 ”parked at the turnaround at State Highway 147 and the East Twin River Bridge” on both November 4 and November 5, 2005. The car was found on the Avery property on November 5. The witness says they reported seeing the car to Manitowoc County Sheriff's Department Sergeant Andy Colborn, but the officer did not prepare a report documenting the conversation. The lawyers say, “The witness’s observation of the RAV4 would have destroyed the State’s theory that the victim’s vehicle never left the Avery property after her arrival on October 31.”
  • Forensic testing of the Dasseys’ home computer found “images of Ms. Halbach, many images of violent pornography involving young females being raped and tortured, and images of injuries to females, including a decapitated head, bloodied torso, a bloody head injury and a mutilated body.” Many of the images of these young women “bear an uncanny resemblance to Ms. Halbach,” the document reads. The attorneys say the searches on the computer were isolated to times they knew that only Bobby Dassey was at home.
  • New evidence allegedly connects Halbach’s ex-boyfriend Ryan Hillegas with the crime scene. Hillegas was in possession of her day planner, from which he tore a page, giving to a friend of Halbach’s, who, in turn, handed it over to the police on November 3. Denise Coakley claims she spoke to Halbach on the phone at 11.35 a.m. on October 31—the day she died. Halbach was driving her RAV4 vehicle at the time and made notes in her day planner. The attorneys say this is evidence the day planner was in the vehicle when Halbach was killed and the fact that it ended up in Hillegas’ possession would have linked him to the crime scene.
  • Forensic testing of a bullet fragment found in Avery’s garage, which is alleged to have entered and exited Halbach’s skull, contained “no particles consistent with bone,” the attorneys allege. There were, however, wood particles identifiable on the bullet, which supports an “alternate theory that the bullet struck a wooden object and not a human skull.”
  • Forensic testing of Avery’s DNA on the hood latch of Halbach’s car found that Avery would have had to have tried to open the latch around 90 times to leave the amount of DNA the Wisconsin State crime laboratory say they found on the latch.
 
It was totally Scott Tadych!  But actually Charles Avery had had the motive and opportunity so it was him.  Hold on, you can tell in the interviews, it had to have been Ryan Hillegas, and Mike Halbach helped cover it up!  Oh wait, it was absolutely Bobby Dassey!!!

I love conspiracy theorists.

 
I'm coming in with a Hot Take: seems the issue in the case is the rules for kids are different than adults and this falls into a gray area. Well, I could see plenty of adults getting burned in a similar situation. #######ed or not. That our system of "justice" does not have a mechanism for stuff like this to be corrected means it might be more than due time that we take a sledgehammer to the whole thing. I'm surprised there aren't folks on the streets with pitchforks and torches kicking out politicians and judges left and right all over this country.
Whole heartedly agree.

 
http://www.greenbaypressgazette.com/story/news/2018/02/01/fox-crossing-municipal-judge-len-kachinsky-faces-harassment-allegations/1075562001/

FOX CROSSING - A court clerk was granted a temporary restraining order Tuesday against Municipal Judge Len Kachinsky, who is accused of harassing her since last spring.

The filing comes in the midst of a Wisconsin Judicial Commission investigation into Kachinsky's conduct relating to his clerk and a civil case he filed against the village late last year to stop the administration from requiring that a third person be present when he meets with the clerk.

"I have become so fearful of him that I am constantly looking over my shoulder to see if the Judge is around," the clerk, whom USA TODAY NETWORK-Wisconsin is not naming, wrote in an affidavit filed in Kachinsky's civil case.

Kachinsky, who came under intense criticism for his handling of the Brendan Dassey case that was featured in the Netflix series "Making a Murderer," told USA TODAY NETWORK-Wisconsin on Wednesday that the matter boils down to a personality conflict that got out of control.

But court filings in Kachinsky's case against the village allege erratic behavior and harassment against the clerk — starting last April — and subsequent retaliation against her. Kachinsky disputes the facts cited in various incidents. The allegations are detailed in court records and affidavits of the clerk, Village Manager Jeff Sturgell, Human Resources Coordinator Lisa Malone and Kachinsky.

Among the allegations being considered by the Judicial Commission is that Kachinsky's ability to perform his duties as judge might be impaired by a permanent disability, which Kachinsky denies.

The accusations state that Kachinsky:  

Sat next to his court clerk's desk for almost 40 minutes tapping a pen on a legal pad in his lap, staring at her and making "cat noises" until she was so uncomfortable that she left. This came days after a meeting between the clerk, Kachinsky and Malone in which he was informed of the clerk's concerns about excessive personal communications and agreed to keep all future communications work-related, according to the clerk's affidavit. Kachinsky wrote in documents attached to his affidavit that he might have picked up a stuffed cat on his desk and "made a cat noise once or twice to entertain a little kid" but did not "recall having time or desire to stare" at her as she alleges. 

Sent an email to her that ended with, "By this time next week some things are going to happen that will cause a lot of fire and fury at the Municipal Building. No, I am not resigning. Just be psychologically prepared." The email upset his clerk and alarmed the administration and Police Chief Tim Seaver, who interviewed Kachinsky. Kachinsky told USA TODAY NETWORK-Wisconsin that "fire and fury" was meant to tell his clerk that something big was about to happen and that he was referring to the civil lawsuit he was planning to file. He said he was "shocked" that the message was taken as a threat. 

Filed letters of reprimand against the clerk, including one in December for refusing to acknowledge or return Christmas greetings from him and not responding positively to his "concerted effort to improve our workplace rapport." He cited efforts such as delivering a birthday card for her and posting a picture of her on Facebook with praise for her moral support during his illness. Kachinsky sent a letter in January chastising her for "failure to obey a lawful order" after she did not forward him information about going-away gatherings for two police officers.

Continually emails her about non-work issues despite repeated directives not to do so, including one email in which he stated, "I realize that this email violates every principle we have talked about regarding office conduct the last few weeks but I am sending it anyway. Feel free to report me to HR. I feel spunky this morning. Happy Father's Day to your husband." He wrote in documents attached to his affidavit that the email was sent before she made her directive clear and that she had used the word "spunky" to describe his fight against cancer while also keeping up his fitness routine.

Told others that her job was available and emailed another attorney saying she was looking for a job when she was not. He told USA TODAY NETWORK-Wisconsin that he incorrectly thought she was looking for a job. 

Mandated a one-on-one meeting in which he asked her if she was afraid, leaned on her desk and knocked over some paperwork. He wrote in an email to Sturgell that he accidentally knocked the things off of his clerk's desk and that he meant to make a sarcastic comment about how they were alone together and nothing bad was happening to her. He wrote to Sturgell that he wanted to avoid anyone else hearing. 

Sent her an email saying if she wanted to restore a happy workplace she needed to not use the village administration as a crutch and that he can't "tolerate a weakling unwilling to have free and open discussion with the boss (or insubordination)." That email was sent the same night that she found an envelope with blood smeared on it that he had left on his desk after court. He wrote in court documents that the envelope was meant to remind him to get Band-Aids for the office after he accidentally cut himself and started bleeding.

The clerk wrote that the issues with Kachinsky began in April when he started sending her an excessive number of personal emails and was posting personal information about her on his Facebook page. The clerk, who declined to comment for this story, wrote in court documents that she emailed him telling him that it would help her focus on her job if their interactions were to be more work-related and that she enjoyed her job at the court.

But, she wrote, a few days later he told her that he had learned her mother's whereabouts on the Facebook feature Nearby Friends — an encounter Kachinsky thinks marks the moment when a previously good working relationship went downhill. He contends that he was trying to tell her that her mother's phone was broadcasting her location to her Facebook friends in case she wanted to change her settings.

Sturgell said the experience has been stressful for the village but declined further comment. 

At the heart of Kachinsky's civil case is whether he has sole authority over his court clerk, despite her assertion that he is harassing her.

He wrote in a court filing that, "It is absurd to argue, as the village has, that it can involuntarily monitor the in-person conversations of the municipal judge and municipal court clerk to 'protect' the clerk from the theoretical possibility of physical or emotional abuse from the judge. There is no credible evidence that such behavior occurred or would likely occur." 

The village wrote in its response to the lawsuit that it "took appropriate corrective action in requiring another individual to be present when the plaintiff (Kachinsky) wished to meet with the clerk of court." It did so because of a founded sexual harassment complaint filed by the clerk against him, his "continued insistence" on discussing personal issues with her despite her asking him not to, pending complaints before the Judicial Commission and allegations of retaliation against the clerk by Kachinsky, the village said in court records.

Kachinsky pushed back.

"I just think it has to get placed in perspective," he told USA TODAY NETWORK-Wisconsin of the situation. "Contrary to this finding that they put in their papers, this is not sexual harassment in any way, shape or form. It is a disagreement between a boss and employee about how things should be run and how the personal rapport should be in the office. And I think that's what it is, not anything better or worse than that. It's something that happens in offices all over the country."

Kachinsky also took issue with a letter from the village's attorney telling him the village wouldn't recognize his ability to fire the clerk or hire a new one. Attorney Jim Macy had written in June that Kachinsky's "recent and continued threats" to end the clerk's employment if she doesn't take part in personal discussions and non-work activities were disturbing and retaliatory.

Kachinsky wrote, "The existence of that threat inhibits my ability to supervise the municipal court clerk and carry out my legal responsibilities regarding the operation of the municipal court. There is no legal authority for the village to determine whether or not the termination of the municipal court clerk, if carried out, is retaliatory or otherwise unlawful and not recognize it."

Kachinsky told USA TODAY NETWORK-Wisconsin that he has never had such a situation come up before. He has been the municipal judge, an elected position, since 1997 and intends to run for reelection in 2019. The municipal judge handles forfeiture-level traffic and ordinance violations and can issue warrants for failure to appear in court or follow court orders. Court is held three Thursday evenings a month.

The clerk started her job in May 2016 and has been praised for her work there, including by Kachinsky. 

In June, the village filed a complaint with the Wisconsin Judicial Commission, which notified Kachinsky in July that it had opened an investigation into allegations regarding his treatment of the clerk, according to Judicial Commission documents Kachinsky filed in his civil case.

The Judicial Commission documents also state that there were allegations that "you may have a permanent disability which affects your ability to perform the duties of your office. According to the allegations, either medication or some other health issue may be affecting your memory, your mood, your behavior and/or your ability to conduct your judicial duties." 

In his response to the Judicial Commission, Kachinsky wrote that medication he took in decreasing amounts from December 2016 through May 2017 caused relatively mild mood swings that have gone away and that during that entire time period he represented clients as an attorney. A medical procedure had "no effect on my mental abilities or ability to perform duties" and another medical issue is under control, he wrote.

"Anybody that's ever observed me or seen me would not say that my judgment or mood or cognitive abilities were affected to the extent that I couldn’t be a judge and deal with the decisions that happen in court,” he told USA TODAY NETWORK-Wisconsin.

The Judicial Commission is the body charged with investigating possible misconduct or disability of judges and court commissioners and determining whether there is probable cause of either. If it investigates a complaint and finds cause to proceed with the case, the Judicial Commission can ultimately refer a case for additional investigation, dismiss the complaint, dismiss the complaint with a warning or file a formal complaint or petition in the Supreme Court.

Kachinsky said he is scheduled for an interview with the Judicial Commission on Feb. 23.

A hearing on the clerk's restraining order case against him is scheduled for Feb. 12.

 
Sat next to his court clerk's desk for almost 40 minutes tapping a pen on a legal pad in his lap, staring at her and making "cat noises".

AKA: the Tanner "move"

 
Probably the last person in here to watch this. 

Just watched the first 4 on a flight. HFS I can’t believe this is real.

Almost stopped watching when it looked like he killed the woman, didn’t want to see this poor schlub get exposed after all he went through. 

Then the episode I just finished ends with the blood vile discovery. Un####ingreal.

Mindblown seriously. 

 
Probably the last person in here to watch this. 

Just watched the first 4 on a flight. HFS I can’t believe this is real.

Almost stopped watching when it looked like he killed the woman, didn’t want to see this poor schlub get exposed after all he went through. 

Then the episode I just finished ends with the blood vile discovery. Un####ingreal.

Mindblown seriously. 
Wait until you get to the episode with the Brendan Dassey "interviews". :(  

 
Seriously was freaking out watching this. The guy sitting next to me was not in the mood to discuss the show :lol:

If this were fiction I would have turned it off because I would have thought it was too unbelievable. 

The Avery’s are all out of central casting from Fargo. 

The dip#### that framed his drawing of Steve in the original case :lol:

The sheriff actually saying in an interview that it would have been easier to kill him that frame him.

Not sure how this ends but that last episode was the most interesting hour of TV I have watched since Breaking Bad final few shows.

 
Then the episode I just finished ends with the blood vile discovery. Un####ingreal.
Yea, that seemed like quite the bombshell there.  But actually the hole in the top is standard protocol.  Though this is suspicion that the vacuum seal on that tube could have been broken by the way there's blood kind of up in the creases of the plug. 

 
Probably the last person in here to watch this. 

Just watched the first 4 on a flight. HFS I can’t believe this is real.

Almost stopped watching when it looked like he killed the woman, didn’t want to see this poor schlub get exposed after all he went through. 

Then the episode I just finished ends with the blood vile discovery. Un####ingreal.

Mindblown seriously. 
Yeah.  It is pure fiction.  He did it.  

 
nothing newsworthy, but interesting little read

'Making a Murderer' course is big hit with Utah law school students

Q: Do you, or your students, get the sense that 'Making a Murderer' is one-sided in favor of defendants Avery and Dassey?

A: We just talked about this last week. My thought based on the criticism of the show by the Wisconsin prosecutors was that after reading more of the actual case filings and interviews and briefs, we would feel that the show was one-sided. But, in fact, I think it is quite the opposite. We feel like the show fairly represented both sides and, if anything, reading the case materials has made some of us believers in a conspiracy against Avery and Dassey.
I feel like I could've probably clepped out of this course. :coffee:  

 
There is no way Avery didn’t do it.  

There is also no way Syed didn’t do it either.   

These guys are as guilty as OJ.  

 
The wife and I finally binged this over the weekend (and only started because of Tom Segura's comedy bit Brendan)...

I still don't know how I feel about the outcomes, but wow what a fascinating ride it was!  Two questions, one Steven and one Brendan, that I'm not sure where to find within the 73 pages here:

Steven - his (murder) trial lawyers spoke of the constructed legal scope of their presented defense not allowing them to point toward other potential suspects and/or leads that would move the direction away from Steven, but that such information might exist.  Has that information been expanded upon since the trial?

Brendan - why in the world did his defense team in trial agree to the shortened interview footage and leave out the part where he tells his mother the investigators "got in his head"?

 
Steven - his (murder) trial lawyers spoke of the constructed legal scope of their presented defense not allowing them to point toward other potential suspects and/or leads that would move the direction away from Steven, but that such information might exist.  Has that information been expanded upon since the trial?
there's an appeals lawyer working on the case. she came out with a media flurry claiming she was going to release new evidence and finally get them freed. that hasn't happened and she has disappeared from media view. might still be quietly working on it but there hasn't been any revealing new information provided as she had suggested.

Brendan - why in the world did his defense team in trial agree to the shortened interview footage and leave out the part where he tells his mother the investigators "got in his head"?
Dassey got a bum lawyer & he seems to think he did nothing wrong

http://www.wearegreenbay.com/news/local-news/former-attorney-for-brendan-dassey-says-he-made-mistakes/699454377

 
http://www.wbay.com/content/news/State-faces-Thursday-deadline-to-respond-in-Dassey-appeals-case-482231411.html

MANITOWOC COUNTY, Wis. (WBAY) - The Wisconsin Department of Justice has issued its argument asking the United States Supreme Court to deny Brendan Dassey's request for a hearing before the highest court in the country.

The DOJ's brief, filed on May 10, argues that investigators used proper techniques to interrogate Dassey following the 2005 murder of Teresa Halbach.

The brief says "The Wisconsin Court of Appeals correctly articulated this Court's totality-of-the-circumstances stands for voluntariness and reasonably applied that standard to the facts."

Click here to read the state's full brief.

Dassey is appealing his conviction in the murder of Teresa Halbach in Manitowoc County. It's a case Action 2 News has been following since Halbach's disappearance in October, 2005.

Dassey and his uncle Steven Avery are serving life sentences in prison for Halbach's murder. Dassey can ask for parole in 2048.

In February, attorneys filed a petition for the high court to review a federal appeals court decision which upheld Dassey's conviction.

Click here to view the petition filed by Dassey's legal team.

A lower court magistrate had ruled Dassey's confession was coerced and he should be freed.

Dassey was 16 at the time of the interrogation, and his defense argues his low IQ made him susceptible to making an involuntary confession. The confession was a big part of the prosecution's case against Dassey and Avery.

Dassey's attorneys say the high court has reviewed similar cases.

“Too many courts around the country, for many years, have been misapplying or even ignoring the Supreme Court’s instructions that confessions from mentally impaired kids like Brendan Dassey must be examined with the greatest care -- and that interrogation tactics which may not be coercive when applied to an adult can overwhelm children and the mentally impaired,” said Dassey attorney Steven Drizin. “Meanwhile, DNA evidence has uncovered dozens of cases involving false confessions from children. The time is now for the Court to reaffirm this country’s commitment to protecting kids in the interrogation room.”

The State's brief asserts that Dassey "unexpectedly confessed to investigators that, at his uncle's urging, he had raped the victim while she was tied up in bed and begging for mercy, and soon thereafter confessed to helping kill her and burn her body."

The state argues that proper procedures were followed.

"They began by asking Petitioner's mother for permission to talk to him and by reading him his Miranda Rights. Throughout the three-hour, noncustodial interview, investigators used only standard techniques such as adopting a sympathetic tone, encouraging honesty, and challenging his story when they believed he was lying," reads the brief.

A number of high-profile groups, including the American Pyschological Association, have urged the Supreme Court to review Dassey's case.

In its amicus brief in support of Dassey, the American Psychological Association gave the opinion that coercive techniques were used in the interrogation. The organization says those techniques increase the rate of false confessions.

Click here to read the American Psychological Association brief.

Dassey's legal team is led by former United States Solicitor General Seth Waxman. Waxman has argued 80 cases before the United States Supreme Court.

Dassey's legal team says if the Supreme Court agrees to hear the case, it will be the first juvenile confession case of its kind to go before the high court in nearly 40 years.

The Avery and Dassey cases became international news after Netflix released the docu-series "Making A Murderer."

Action 2 News will continue to update this developing story.

 
Justice system is a joke.  Dassey spending his adult life in prison so a couple rat interrogators could pad their stats is about as sickening as it gets.  

 
Just wanted to give yall a heads up, Evil Genius is a new crime doc on Netflix that MAM fans will find very compelling.  

 
If you want realistic insight into criminal defense, “the staircase” is very good. 
Halfway through that now.  I don't know the story so I don't know how it ends.  I observed after the second episode that MAM were masters of ending each episode with a cliffhanger to make you want to watch the next one right away.  Not so much with The Staircase, but it is interesting.

 
It’s good, but definitely slanted to the defense.  The podcast gives you a bit of a look from the other side.
Right, I’m assuming it’s biased to the defense. My point was more so that, as somebody who just went through a very similar situation, the docu series does a nice job capturing the trial prep, stress, and attorney-client relationship. 

 
One thing to keep in mind is Demos and Ricciardi are still working on a second season.  I can see that reigniting people's interest in this.  

 
the part that always got me about this case and the people that think these guys didn't do it.... it is that in order for the po po to set these guys up, it would have been really hard to pull off and one helluva an accomplishment....the biggest part for me is the remains in the fire pit area which is close to the house/barn/garage, etc....so the po po, set this innocent girl on fire for some reason (oh yeah to set these guys up for murder)....and they either burnt her their on the property or they burnt her to death somewhere else and then snuck on the property and planted her remains in the fire pit....

 
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the part that always got me about this case and the people that think these guys didn't do.... it is that in order for the po po to set these guys up, it would have been really hard to pull off and one helluva an accomplishment....the biggest part for me is the remains in the fire pit area which is close to the house/barn/garage, etc....so the po po, set this innocent girl on fire for some reason (oh yeah to set these guys up for murder)....and they either burnt her their on the property or they burnt her to death somewhere else and then snuck on the property and planted her remains in the fire pit....
Not all parts had to be the cops framing them. They could have just put the finishing touches on it. 

 
the biggest part for me is the remains in the fire pit area which is close to the house/barn/garage, etc....so the po po, set this innocent girl on fire for some reason (oh yeah to set these guys up for murder)....and they either burnt her their on the property or they burnt her to death somewhere else and then snuck on the property and planted her remains in the fire pit....
I don't think anybody believes the cops killed the victim.

 
so somebody else did and the cops or the "somebody else" brought the remains and planted them in the pit..and the other area....planted the key in his bedroom, planted the car on the property with the planted blood stain on the ignition....etc...all this going unnoticed by the residents of the property...?

 
so is this what the defense is saying.....

"somebody else" did it and either....

a.) planted all the evidence on the property to try and frame these guys  or

b.) planted some of the evidence on the property and the po-po planted more to try and make it a slam dunk

 

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