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

Question for attorneys:

Assume for whatever reason you are on the jury and you do not believe the prosecutions claim that the murder went down as they said it did...but you believe the defendant is guilty, anyway.

Are you still allowed to vote guilty even if you essentially have more than reasonable doubt that the crime happened the way the prosecution said it did?
As a juror you don't have to listen to any of the evidence, at all. You can vote however you want. If you don't like what the guy is wearing or how he looks, you can vote guilty. Other jurors can try to sway you but if you are convinced either way, you have the duty and responsibility to vote that way.
 
I get a similarly weird feeling whenever I am watching The First 48 and they are heading out to do a family notification. They almost always knock on the door and say something to the effect of:

"Hello, how are you?"

They aren't going to be doing the obligatory "good" in about 30 seconds after you drop the bomb on them.
I did the same thing by accident a few weeks ago. I was working on a proposed transaction, and the other party's lawyer was out of the office for a few days because his dad had just died. The first time I spoke to him, I reflexively asked, "Hey, how's it going?" He paused and said "good," and I felt like a complete idiot.
Oof. Yeah...I think we have all had a similar moment of sorts. I know I have put my foot in my mouth like that. I have also told the random stranger on the phone at the end of the call "love ya" as a reflexive thing I say when talking to my significant other. That is awkward...too. lol

Some times I wonder if this is an "American" thing where we have this built in wiring to open up with some space filler greeting.

 
I'm on episode four. I had to stop watching and come post how awesome the moment is at the seven-minute mark of that episode.

An Associated Press reporter calls Avery to interview him while he's in custody, and begins the interview: "First off, how are you?"
How would you have started the interview?

 
I get a similarly weird feeling whenever I am watching The First 48 and they are heading out to do a family notification. They almost always knock on the door and say something to the effect of:

"Hello, how are you?"

They aren't going to be doing the obligatory "good" in about 30 seconds after you drop the bomb on them.
I did the same thing by accident a few weeks ago. I was working on a proposed transaction, and the other party's lawyer was out of the office for a few days because his dad had just died. The first time I spoke to him, I reflexively asked, "Hey, how's it going?" He paused and said "good," and I felt like a complete idiot.
Now imagine how the reporter felt who had ample time to prepare for an interview with Avery.

 
This is some ####ed up ####. Bunch of crooked mother ####ers out there in Manitowic county.

"It would be easier to just kill Avery instead of framing him." Said the Manitowic Sheriff.

Just finished episode 5 and I feel really bad for that kid. Not sure I can even finish this.

 
Halfway through. Will share thoughts later.

Things like this documentary are so tough b/c you have to rely on the filmmaker being objective. I just can't tell if she is.

 
I get a similarly weird feeling whenever I am

watching The First 48 and they are heading out to do a family notification. They almost always knock on the door and say something to the effect of:

"Hello, how are you?"

They aren't going to be doing the obligatory

"good" in about 30 seconds after you drop the bomb on them.
I did the same thing by accident a few weeks ago. I was working on a proposed transaction, and the

other party's lawyer was out of the office for a few days because his dad had just died. The first time I spoke to him, I reflexively asked, "Hey, how's it going?" He paused and said "good," and I felt like

a complete idiot.
Don't feel too badly I consistently slip up and ask in custody clients how they're doing.
 
Question for attorneys:

Assume for whatever reason you are on the jury and you do not believe the prosecutions claim that the murder went down as they said it did...but

you believe the defendant is guilty, anyway.

Are you still allowed to vote guilty even if you essentially have more than reasonable doubt that

the crime happened the way the prosecution said it did?
As a juror you don't have to listen to any of the evidence, at all. You can vote however you want. If you don't like what the guy is wearingor how he looks, you can vote guilty. Other jurors can try to sway you but if you are convinced either way, you have the duty and responsibility to vote that way.
Well, in theory at least this isn't entirely accurate. A jury has an affirmative duty to listen to the evidence and apply the law. If a juror blatantly disregards this duty (e.g. Falls asleep, stated in voir dire he won't, etc) that would be grounds for the juror being struck for cause. Of course, once a juror goes to deliberate we will never know his motive unless he says it and other jurors rat him out.

 
Halfway through. Will share thoughts later.

Things like this documentary are so tough b/c you have to rely on the filmmaker being objective. I just can't tell if she is.
If you're halfway through, you should definitely be detecting some bias by now, Matlock.
 
Halfway through. Will share thoughts later.

Things like this documentary are so tough b/c you

have to rely on the filmmaker being objective. I just can't tell if she is.
If you're halfway through, you should definitely be detecting some bias by now, Matlock.
Obviously the filmmaker doesn't believe this guy did it. But that overarching bias doesn't necessarily mean that the account is being portrayed with some neutrality.
 
I'm on episode four. I had to stop watching and come post how awesome the moment is at the seven-minute mark of that episode.

An Associated Press reporter calls Avery to interview him while he's in custody, and begins the interview: "First off, how are you?"
How would you have started the interview?
That's exactly how. I think every reporter should start every interview that way, if only for shtick purposes.

 
I'm on episode four. I had to stop watching and come post how awesome the moment is at the seven-minute mark of that episode.

An Associated Press reporter calls Avery to interview him while he's in custody, and begins the interview: "First off, how are you?"
How would you have started the interview?
That's exactly how. I think every reporter should start every interview that way, if only for shtick purposes.
70% of media interviews start with some variation of "Tell us why you're here today." That's what makes Yandek a unique and original swerve.

 
Question for attorneys:

Assume for whatever reason you are on the jury and you do not believe the prosecutions claim that the murder went down as they said it did...but

you believe the defendant is guilty, anyway.

Are you still allowed to vote guilty even if you essentially have more than reasonable doubt that

the crime happened the way the prosecution said it did?
As a juror you don't have to listen to any of the evidence, at all. You can vote however you want. If you don't like what the guy is wearingor how he looks, you can vote guilty. Other jurors can try to sway you but if you are convinced either way, you have the duty and responsibility to vote that way.
Well, in theory at least this isn't entirely accurate. A jury has an affirmative duty to listen to the evidence and apply the law. If a juror blatantly disregards this duty (e.g. Falls asleep, stated in voir dire he won't, etc) that would be grounds for the juror being struck for cause.Of course, once a juror goes to deliberate we will never know his motive unless he says it and other jurors rat him out.
What should happen and what happens in practice are two entirely different things sometimes.

Circling back to my question earlier...is it considered proper/ethical/whatever you want to call it...for a juror to listen to the evidence...disagree with how the prosecution says a crime went down but still convict the defendant because you believe the evidence proved he did it...just not in the way the prosecution argued?

 
Yeah I'd call that ethical so long as the juror is firmly convinced of the defendant's guilt.

Heck, based on my conversations with juries post-trial I'm pretty convinced they usually come up with their own theories of the facts regardless of whether evidence was presented which actually supports that theory.

 
Couple things/opinions:

1- The insurance company wasnt going to pay out when SA sued for wrongful conviction? So 36 million (or some number) was coming out of the individual's pockets? Ya, I can see some seriously pissed off police officers if that was the case.

4- I have no idea if he did it or not, but I am 99% positive he would have crushed that car into an unrecognizable piece of metal had he done it. He cleaned up his house and garage to standards better than a doctor's office and just forgot about the rav4? Oh wait, he covered it up with a few twigs like he was playing hide and seek with his 3 year old.
1. I had thought it was said in episode 2 or so that the money paid would've come from the county. Which obviously would bankrupt the county and to me that gave them even more reason to do away with SA. He would've owned them all. 4. Don't forget the pallet on the hood. :lol: The "hidden" car screamed plant louder than the car key. Dude has a car crushing machine on his property but throws some random stuff on top to hide it? Ok. They may as well have left the flashers on.

 
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Yeah I'd call that ethical so long as the juror is firmly convinced of the defendant's guilt.

Heck, based on my conversations with juries post-trial I'm pretty convinced they usually come up with their own theories of the facts regardless of whether evidence was presented which actually supports that theory.
Interesting. Thanks for sharing an "insiders" perspective.

 
Circling back to my question earlier...is it considered proper/ethical/whatever you want to call it...for a juror to listen to the evidence...disagree with how the prosecution says a crime went down but still convict the defendant because you believe the evidence proved he did it...just not in the way the prosecution argued?
If the charge is murder, and the prosecution argues that he murdered her with a gun, but a juror is convinced beyond a reasonable doubt that he murdered her with a knife, the juror should find him guilty of murder. The charge isn't that he did something in a specific way, but just that he did the thing he's charged with.

 
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Circling back to my question earlier...is it considered proper/ethical/whatever you want to call it...for a juror to listen to the evidence...disagree with how the prosecution says a crime went down but still convict the defendant because you believe the evidence proved he did it...just not in the way the prosecution argued?
If the charge is murder, and the prosecution argues that he murdered her with a gun, but a juror is convinced beyond a reasonable doubt that he murdered her with a knife, the juror should find him guilty of murder. The charge isn't that he did something in a specific way, but just that he did the thing he's charged with.
Thanks for helping me better understand this aspect of jury deliberations. Not sure I agree or disagree with it...but it is good to have some clarity as to what is permitted and what is not.

Kind of troubles me to think of jurors going "off the reservation" so to speak to reach their own "reality" or conclusion, at first glance without digesting your comments further.

 
Circling back to my question earlier...is it considered proper/ethical/whatever you want to call it...for a juror to listen to the evidence...disagree with how the prosecution says a crime went down but still convict the defendant because you believe the evidence proved he did it...just not in the way the prosecution argued?
If the charge is murder, and the prosecution argues that he murdered her with a gun, but a juror is convinced beyond a reasonable doubt that he murdered her with a knife, the juror should find him guilty of murder. The charge isn't that he did something in a specific way, but just that he did the thing he's charged with.
Thanks for helping me better understand this aspect of jury deliberations. Not sure I agree or disagree with it...but it is good to have some clarity as to what is permitted and what is not.

Kind of troubles me to think of jurors going "off the reservation" so to speak to reach their own "reality" or conclusion, at first glance without digesting your comments further.
Juries can also practice "jury nullification" where they concede that the defendant is guilty of the crime charged but let them off anyway. I think it's been exercised in situations where someone was raped and then killed their attacker, or maybe someone's child was molested and killed and they killed the guy who did it.

 
Watching Nancy Grace and she had this on(while scanning channels) she was adamant that they both were guilty. Me not soo much.

 
Omg end of episode 4 with the tampered blood evidence. This is insane. I feel bad for that kid who's clearly slow and nobody seems to realize. I'll bow out of this thread until I catch up.
On the blood vial; several Redditors have said that those types of vials are filled by puncturing the top. https://youtu.be/-XxiRSf6n8Q?t=3m39s

The seal was broken, so it's definitely possible that blood was drawn out through that hole, but evidently the hole being there is just SOP.
just catching up on this. Except they called the lab and the lab said they don't do this.
 
Circling back to my question earlier...is it considered proper/ethical/whatever you want to call it...for a juror to listen to the evidence...disagree with how the prosecution says a crime went down but still convict the defendant because you believe the evidence proved he did it...just not in the way the prosecution argued?
If the charge is murder, and the prosecution argues that he murdered her with a gun, but a juror is convinced beyond a reasonable doubt that he murdered her with a knife, the juror should find him guilty of murder. The charge isn't that he did something in a specific way, but just that he did the thing he's charged with.
This is how I thought it would/should be. That's why it made me a bit angry that the prosecution not only put the burden of proof on the defense that SA didn't do, but to prove that the police were in fact the killers. I believe in the closing arguments "the prize" said something to the effect of, "if you believe the defense, then you have to take the next step and say that the police killed Teresa." Shouldn't they only have to show that he's not guilty of the thing he's charged with?

 
Couple things/opinions:

1- The insurance company wasnt going to pay out when SA sued for wrongful conviction? So 36 million (or some number) was coming out of the individual's pockets? Ya, I can see some seriously pissed off police officers if that was the case.

4- I have no idea if he did it or not, but I am 99% positive he would have crushed that car into an unrecognizable piece of metal had he done it. He cleaned up his house and garage to standards better than a doctor's office and just forgot about the rav4? Oh wait, he covered it up with a few twigs like he was playing hide and seek with his 3 year old.
1. I had thought it was said in episode 2 or so that the money paid would've come from the county. Which obviously would bankrupt the county and to me that gave them even more reason to do away with SA. He would've owned them all.4. Don't forget the pallet on the hood. :lol: The "hidden" car screamed plant louder than the car key. Dude has a car crushing machine on his property but throws some random stuff on top to hide it? Ok. They may as well have left the flashers on.
Speaking of the key...I heard a good point mentioned by Bill Simmons of all people. What woman carries a single car key and nothing else on the chain? Did Avery allegedly detach all her extra keys/keychains/store cards and throw those away never to be found, so that he could keep her key to eventually get rid of the car that he also allegedly removed the battery from?

 
Couple things/opinions:

1- The insurance company wasnt going to pay out when SA sued for wrongful conviction? So 36 million (or some number) was coming out of the individual's pockets? Ya, I can see some seriously pissed off police officers if that was the case.

4- I have no idea if he did it or not, but I am 99% positive he would have crushed that car into an unrecognizable piece of metal had he done it. He cleaned up his house and garage to standards better than a doctor's office and just forgot about the rav4? Oh wait, he covered it up with a few twigs like he was playing hide and seek with his 3 year old.
1. I had thought it was said in episode 2 or so that the money paid would've come from the county. Which obviously would bankrupt the county and to me that gave them even more reason to do away with SA. He would've owned them all.4. Don't forget the pallet on the hood. :lol: The "hidden" car screamed plant louder than the car key. Dude has a car crushing machine on his property but throws some random stuff on top to hide it? Ok. They may as well have left the flashers on.
Speaking of the key...I heard a good point mentioned by Bill Simmons of all people. What woman carries a single car key and nothing else on the chain? Did Avery allegedly detach all her extra keys/keychains/store cards and throw those away never to be found, so that he could keep her key to eventually get rid of the car that he also allegedly removed the battery from?
Id have to look again, but I thought the lanyard appeared to be detachable?

 
Couple things/opinions:

1- The insurance company wasnt going to pay out when SA sued for wrongful conviction? So 36 million (or some number) was coming out of the individual's pockets? Ya, I can see some seriously pissed off police officers if that was the case.

4- I have no idea if he did it or not, but I am 99% positive he would have crushed that car into an unrecognizable piece of metal had he done it. He cleaned up his house and garage to standards better than a doctor's office and just forgot about the rav4? Oh wait, he covered it up with a few twigs like he was playing hide and seek with his 3 year old.
1. I had thought it was said in episode 2 or so that the money paid would've come from the county. Which obviously would bankrupt the county and to me that gave them even more reason to do away with SA. He would've owned them all.4. Don't forget the pallet on the hood. :lol: The "hidden" car screamed plant louder than the car key. Dude has a car crushing machine on his property but throws some random stuff on top to hide it? Ok. They may as well have left the flashers on.
Speaking of the key...I heard a good point mentioned by Bill Simmons of all people. What woman carries a single car key and nothing else on the chain? Did Avery allegedly detach all her extra keys/keychains/store cards and throw those away never to be found, so that he could keep her key to eventually get rid of the car that he also allegedly removed the battery from?
Id have to look again, but I thought the lanyard appeared to be detachable?
Right, but what was the thought process there? That Teresa detached her own car key before using her car on the day she was killed, and the rest of her keys were burned with the rest of her belongings? Seems like a strange thing to do. So if not that, why would Avery detach her car key and get rid of the rest of the keys but keep a key to a car that he (allegedly) couldn't move off his lot unless he was going to reinstall the battery?

 
Couple things/opinions:

1- The insurance company wasnt going to pay out when SA sued for wrongful conviction? So 36 million (or some number) was coming out of the individual's pockets? Ya, I can see some seriously pissed off police officers if that was the case.

4- I have no idea if he did it or not, but I am 99% positive he would have crushed that car into an unrecognizable piece of metal had he done it. He cleaned up his house and garage to standards better than a doctor's office and just forgot about the rav4? Oh wait, he covered it up with a few twigs like he was playing hide and seek with his 3 year old.
1. I had thought it was said in episode 2 or so that the money paid would've come from the county. Which obviously would bankrupt the county and to me that gave them even more reason to do away with SA. He would've owned them all.4. Don't forget the pallet on the hood. :lol: The "hidden" car screamed plant louder than the car key. Dude has a car crushing machine on his property but throws some random stuff on top to hide it? Ok. They may as well have left the flashers on.
Speaking of the key...I heard a good point mentioned by Bill Simmons of all people. What woman carries a single car key and nothing else on the chain? Did Avery allegedly detach all her extra keys/keychains/store cards and throw those away never to be found, so that he could keep her key to eventually get rid of the car that he also allegedly removed the battery from?
The key had a "clip/link" that would connect to all her other keys and such. My wife and I do this. I have my office/house/parents house key all on one "loop" with a link to connect it to a car key for whichever of our two vehicles I'm taking that day. Did they ever find all of her other keys that would be other other end of that link?

 
Couple things/opinions:

1- The insurance company wasnt going to pay out when SA sued for wrongful conviction? So 36 million (or some number) was coming out of the individual's pockets? Ya, I can see some seriously pissed off police officers if that was the case.

4- I have no idea if he did it or not, but I am 99% positive he would have crushed that car into an unrecognizable piece of metal had he done it. He cleaned up his house and garage to standards better than a doctor's office and just forgot about the rav4? Oh wait, he covered it up with a few twigs like he was playing hide and seek with his 3 year old.
1. I had thought it was said in episode 2 or so that the money paid would've come from the county. Which obviously would bankrupt the county and to me that gave them even more reason to do away with SA. He would've owned them all.4. Don't forget the pallet on the hood. :lol: The "hidden" car screamed plant louder than the car key. Dude has a car crushing machine on his property but throws some random stuff on top to hide it? Ok. They may as well have left the flashers on.
Speaking of the key...I heard a good point mentioned by Bill Simmons of all people. What woman carries a single car key and nothing else on the chain? Did Avery allegedly detach all her extra keys/keychains/store cards and throw those away never to be found, so that he could keep her key to eventually get rid of the car that he also allegedly removed the battery from?
Id have to look again, but I thought the lanyard appeared to be detachable?
Right, but what was the thought process there? That Teresa detached her own car key before using her car on the day she was killed, and the rest of her keys were burned with the rest of her belongings? Seems like a strange thing to do. So if not that, why would Avery detach her car key and get rid of the rest of the keys but keep a key to a car that he (allegedly) couldn't move off his lot unless he was going to reinstall the battery?
Not to mention Avery apparently scrubbed 7 years worth of her DNA off of the key but left his on it. All very shady.

 
Also concerning SA's DNA on her key - was it ever stated where on the key it came from? Was it found on the metal part that goes into the ignition (what you'd likely have to hold onto if scrubbing the other part) - on the plastic part - or on the clip itself? Are they saying that literally no DNA or fingerprints were found on the clip that would connect it to other keys?

 
Circling back to my question earlier...is it considered proper/ethical/whatever you want to call it...for a juror to listen to the evidence...disagree with how the prosecution says a crime went down but still convict the defendant because you believe the evidence proved he did it...just not in the way the prosecution argued?
If the charge is murder, and the prosecution argues that he murdered her with a gun, but a juror is convinced beyond a reasonable doubt that he murdered her with a knife, the juror should find him guilty of murder. The charge isn't that he did something in a specific way, but just that he did the thing he's charged with.
Thanks for helping me better understand this aspect of jury deliberations. Not sure I agree or disagree with it...but it is good to have some clarity as to what is permitted and what is not.

Kind of troubles me to think of jurors going "off the reservation" so to speak to reach their own "reality" or conclusion, at first glance without digesting your comments further.
Juries can also practice "jury nullification" where they concede that the defendant is guilty of the crime charged but let them off anyway. I think it's been exercised in situations where someone was raped and then killed their attacker, or maybe someone's child was molested and killed and they killed the guy who did it.
This is somewhat true. Jury nullification is a "real" thing. However, at least in my jurisdiction, the judge will read instructions and conduct a voir dire of the jury panel to try to ensure that the sitting jurors simply apply the facts to the applicable law. Attorneys are strictly forbidden from arguing for nullification (so, alas, I'll never get to say "now imagine she's white" in my closing) and it's possible the verdict could be set aside if it ever is affirmed that a jury nullified.

I'm pretty certain I've only ever personally experienced jury nullification one time. It was a DUI drugs/possession of marijuana trial. There were really no defenses -- but the prosecutor made a bad strategy call and admitted evidence of the tattoos taken of the defendant which depicted he was high up in a prominent motorcycle club. Jury acquitted across the board.

Again though, I've had juries interpret facts in what the prosecutor and I both thought were incredibly bizarre ways. That's not nullification though.

 
https://twitter.com/TODAYshow/status/684373410038718464

Juror said they feared for their life.

Ken Kratz on TMZ

We also asked him about a shocking comment he made to the jury during closing arguments ... that EVEN if cops did plant evidence, there was plenty of other, legitimate evidence to convict Avery.

Read more: http://www.tmz.com/#ixzz3wNuzhYZs

http://www.tmz.com/videos/0_vqspvlae
First part, if true, is huge. I couldn't get your link for the Ken Kratz stuff to work.

 
Sexting scandal

In October 2009, a 26-year-old domestic violence victim, whose case against her boyfriend Kratz was prosecuting, filed a police report in Kaukauna, Wisconsin alleging that Kratz had sent her 30 sexually coercive text messages over the span of three days.[11] She said that she felt that he was trying to coerce her into a sexual relationship and that if she refused, the case against her boyfriend would be dismissed.[12] The report was referred to the state's Division of Criminal Investigation. During the DCI investigation, two more women came forward accusing Kratz of harassing and intimidating them.[13] At the time, Kratz was serving as chairman of the Wisconsin Crime Victims' Rights Board.[1]

Kratz resigned in October of 2010 after governor Jim Doyle sought his removal.[14][3] After his accuser filed a federal civil suit against him Kratz settled out of court in 2013.[15][16]In June 2014, his law license was suspended for four months by the Wisconsin Supreme Court. During the disciplinary hearing, Kratz admitted abusing prescription drugs and being treated for sexual addiction.[5][1]

 

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