Strang explained in an interview that you only get six exclusions so you exclude the worst 6.Why would the defense lawyers allow this during jury selection? Just seemsStrang said they decided not to move because the whole state was tainted. The fact that a Sheriff's father was on the jury would have been intimidated to somebody who feared the cops.True, can't blame them for fearing for their lives, especially if it started out in a favor of not guilty by most of the jurors. Part of me feels everything was setup initially by the county for Avery to go down for this. Why pull a jury panel from Manitowoc County or another close county (not sure how that whole process works tbh), when it is a small town where everyone knows everybody (including the type of cop that Lenk is). While not everyone on the panel was biased, but even if a few are, it can completely sway an outcome of the decision, which appears is what happened here.I saw that earlier this morning. Honestly, wouldn't surprise me if true.Well, according to producers on the today show today (link upthread) one of the jurors feared for their personal safety if they didn't convict. Can't blame them with Lenk out there. He's stone cold.This is what I want to know more about. How can the jury go from the majority saying he's not guilty, to a unanimous guilty? Just seems really odd.It was 7-4 in favor of not guilty when the jury first voted. The 4 were very stubborn and persuasive according to the dismissed juror.This may have already been mentioned, but I just finished the season and have not read the entire thread...there are multiple times where Detective Lenk's story was changed during the trial from his original statements made months earlier, so it would better fit with the prosecutor's timeline (e.g. the whole time log around the Rav 4 after discovery). Also, Coburn was still sniffing around evidence 4 months AFTER he was removed from the investigation for conflict of interest reasons.
How this does not scream reasonable doubt to the jury is beyond me, let alone, all of the other pieces of evidence that could be seen as reasonable doubt for Avery's case of innocence.
I have about a 25% gut feeling that he may have been guilty, as she was last saw on his property, but I also think evidence had to have been planted by the police to some degree. They search his trailer multiple times head to toe, and didn't find the key until like the 3rd day or something after already searching everything? Shady...![]()
Wait, what?!?!?! Did I miss that?Strang said they decided not to move because the whole state was tainted. The fact that a Sheriff's father was on the jury would have been intimidated to somebody who feared the cops.
A family tree with only a single branch?How come so many of these people have IQs in the low 70s?
IIRC - last seen Oct 31. Reported missing Nov. 3, plate call Nov. 3, car found Nov. 5.Link doesn't have a timeline. I'm very interested in seeing a full timeline if anyone has one. What day was she last seen? When was she reported missing? When was that license plate call made? When did ex-bf (and brother?) get into her voicemail? When was the first search of the property? Yada yada....Right. It is 4 days though. She went missing on Halloween. Parents reported her missing November 3. Per this
http://news.yahoo.com/steven-avery-5-things-know-220330109.html
http://www.postcrescent.com/story/news/2015/12/22/steven-avery-case-timeline/77742664/Link doesn't have a timeline. I'm very interested in seeing a full timeline if anyone has one. What day was she last seen? When was she reported missing? When was that license plate call made? When did ex-bf (and brother?) get into her voicemail? When was the first search of the property? Yada yada....Right. It is 4 days though. She went missing on Halloween. Parents reported her missing November 3. Per this
http://news.yahoo.com/steven-avery-5-things-know-220330109.html
Sorry, I guess that doesnt have trial specifics.http://www.postcrescent.com/story/news/2015/12/22/steven-avery-case-timeline/77742664/Link doesn't have a timeline. I'm very interested in seeing a full timeline if anyone has one. What day was she last seen? When was she reported missing? When was that license plate call made? When did ex-bf (and brother?) get into her voicemail? When was the first search of the property? Yada yada....Right. It is 4 days though. She went missing on Halloween. Parents reported her missing November 3. Per this
http://news.yahoo.com/steven-avery-5-things-know-220330109.html
Were the remains at the other two sites also burned?Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsFrom one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Huh?
I was thinking as I watched it that as horrible as that lawyer was, the judge couldn't grant the request based on the reason given. I suspect most public defenders (quite accurately) believe that most of their clients are guilty. That by itself can't stop them from effectively representing those clients.A question for Woz or any trial lawyer. Have you ever seen, or heard of, a defendant requesting a new public defender and get denied? Especially after the defendant told the judge that his lawyer thinks he's guilty? I found that shocking and am wondering if that's normal for a judge to decline that request.
I gotta admit, this case is so bizarre that I've really never encountered this issue before and don't have a clear answer for you. But here's some thoughts:Thanks for answering my first question Woz. Got another one for you about the investigation. So Manitowoc prosecutors turn the investigation over to Calumet County. The two dopes from Calumet specifically state that the only involvement from Manitowoc County is to supply equipment needed onsite for the investigation. Three/four days into the property search, the crooked cops from Manitowoc who aren't supposed to be involved, suddenly find the car key. Wouldn't that be considered a tainted search/investigation and grounds for a mistrial? I haven't seen the trial episodes yet, but I'm hoping Avery's lawyers hammer that point home.
YesWere the remains at the other two sites also burned?Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsHuh?From one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Yeah. The only part about that that I really found distasteful was his lawyer quipping up with the suggestion that the kid was being unduly influenced by family to make the motion. If I'm ever in that position where my appointed client wants to fire me and makes the request before the judge, I take the position that my duty to my client requires that I shut my mouth and let the judge decide that for himself.I was thinking as I watched it that as horrible as that lawyer was, the judge couldn't grant the request based on the reason given. I suspect most public defenders (quite accurately) believe that most of their clients are guilty. That by itself can't stop them from effectively representing those clients.A question for Woz or any trial lawyer. Have you ever seen, or heard of, a defendant requesting a new public defender and get denied? Especially after the defendant told the judge that his lawyer thinks he's guilty? I found that shocking and am wondering if that's normal for a judge to decline that request.
Seems odd they wouldn't have found some of her DNA just from thatI dont recall the exact number, but it was a lot. I assume he sold cars pretty often?Is it true that Halbach had been to the property 18 times total?
Time of these two on that day? When was SA originally placed in custody (the phone call heard at the end of the first episode)?IIRC - last seen Oct 31. Reported missing Nov. 3, plate call Nov. 3, car found Nov. 5.Link doesn't have a timeline. I'm very interested in seeing a full timeline if anyone has one. What day was she last seen? When was she reported missing? When was that license plate call made? When did ex-bf (and brother?) get into her voicemail? When was the first search of the property? Yada yada....Right. It is 4 days though. She went missing on Halloween. Parents reported her missing November 3. Per this
http://news.yahoo.com/steven-avery-5-things-know-220330109.html
Intended to move all of it, but missed some. We're talking about bone chips the size of a thumb and smaller, in a burn pile amongst ashes, rocks, dirt and other debris.Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsFrom one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Huh?
Horrible question to ask - but were bones of different parts of her body found at each? For instance, was the top third found one place, the middle found in another, and her legs in the third? Or was it a "mixed bag" at each location?YesWere the remains at the other two sites also burned?Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsHuh?From one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Missed some or missed basically all of it?Intended to move all of it, but missed some. We're talking about bone chips the size of a thumb and smaller, in a burn pile amongst ashes, rocks, dirt and other debris.Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsFrom one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Huh?
Really appreciate this perspective and knowledge. Thanks for the insightI gotta admit, this case is so bizarre that I've really never encountered this issue before and don't have a clear answer for you. But here's some thoughts:Thanks for answering my first question Woz. Got another one for you about the investigation. So Manitowoc prosecutors turn the investigation over to Calumet County. The two dopes from Calumet specifically state that the only involvement from Manitowoc County is to supply equipment needed onsite for the investigation. Three/four days into the property search, the crooked cops from Manitowoc who aren't supposed to be involved, suddenly find the car key. Wouldn't that be considered a tainted search/investigation and grounds for a mistrial? I haven't seen the trial episodes yet, but I'm hoping Avery's lawyers hammer that point home.
1. Fourth Amendment law (the right to be free from unlawful search and seizure) is a constitutional issue (meaning SCOTUS ultimately controls). However, each state still has their own caselaw on the issue so there's still a good amount of Wisconsin law probably on point here that I wouldn't know.
2. In my opinion the County was initially wise to "conflict out" the investigation to a neighboring county. They do so to avoid the appearance of impropriety. Here, we have such a just purely bizarre situation where a wrongly convicted man is being investigated for another serious crime that there really aren't any rules or guidelines on point for such a situation. Of course, after they made this call is definitely seems inappropriate for the deputies to continue the investigation and naturally when they don't it raises eyebrows.
3. In order for evidence to be thrown out as "tainted" or "unlawfully obtained", a judge must determine (usually before the trial actually starts) that the collection of the evidence by the state violated the fourth amendment/the defendant's right to be free from unreasonable search and seizure. So, the issue before the judge regarding the evidence isn't whether the police acted inappropriately, but whether they acted in direct violation of the Fourth Amendment and did so in bad faith and the discovery wasn't otherwise inevitable through lawful means. While the county probably didn't do the right thing by policy, it's unlikely that a defendant has a right to be completely free from an entire county conducting an investigation when there could be the appearance of impropriety. It's also possible that since these two agencies were working together the argument of inevitable discovery could be made.
4. There's a nuanced and important distinction between admissibility of evidence and the weight of evidence. Admissibility is the question of whether the jury can even hear about the evidence and is a legal question for the judge. "Weight" of the evidence or, put differently, how much credit one should give to the evidence to determine the defendant's guilt, is a factual question for the jury. In a situation like this it's likely that this discovered evidence didn't directly violate Avery's rights so it is admissible (and I'd bet dollars to donuts that the judge made this very decision). However, the defense, as they clearly did, can argue that the shadiness behind the discovery of the evidence suggests that the jury should not give much weight to the evidence when determining whether the state proved its case.
Not sure why you would ask that to be honest. I think if you knew someone did the crime, you are less likely to fight as hard as possible.General question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?
It was just a few bone fragments at the other sites, but the vast majority were in the backyard. Seems odd. If you were going to move the bone fragments, you would think the bulk would get moved and only a few would be left behind.Horrible question to ask - but were bones of different parts of her body found at each? For instance, was the top third found one place, the middle found in another, and her legs in the third? Or was it a "mixed bag" at each location?YesWere the remains at the other two sites also burned?Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsHuh?From one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Unless they were moved from somewhere else first...It was just a few bone fragments at the other sites, but the vast majority were in the backyard. Seems odd. If you were going to move the bone fragments, you would think the bulk would get moved and only a few would be left behind.Horrible question to ask - but were bones of different parts of her body found at each? For instance, was the top third found one place, the middle found in another, and her legs in the third? Or was it a "mixed bag" at each location?YesWere the remains at the other two sites also burned?Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsHuh?From one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
Also, this is one of the things I am having the hardest time wrapping my head around. If the body was burned off site, it makes zero sense for him to bring them back and dump them in his fire pit. It also makes zero sense to leave them there when you live on acreage and could take the bones anywhere and bury them. For someone who cleaned up the DNA evidence so well that none was found at the scene of the crime and proceeded to burn the body to get rid of it, then why dump the bone pile 10 yards outside your back door?Horrible question to ask - but were bones of different parts of her body found at each? For instance, was the top third found one place, the middle found in another, and her legs in the third? Or was it a "mixed bag" at each location?YesWere the remains at the other two sites also burned?Why would SA burn the body 10 feet out his back door, and then move a small amount of the remains to two separate locationsHuh?From one of the links posted on page one or two of this thread, I read they found remains miles from the Avery compound.Didn't they find remains in 3 locations?
It was just a few bone fragments at the other sites, but the vast majority were in the backyard. Seems odd. If you were going to move the bone fragments, you would think the bulk would get moved and only a few would be left behind.
ObligatoryGeneral question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?
Something heinous I suppose like this, but something not so bad like soliciting a prostitute or something....Not sure why you would ask that to be honest. I think if you knew someone did the crime, you are less likely to fight as hard as possible.General question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?
Really?ObligatoryGeneral question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?![]()
I've worked on probably 10k plus cases and have never asked nor felt the need to ask.
What % of cases did you think they were guilty? Know? Just curious.ObligatoryGeneral question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?I've worked on probably 10k plus cases and have never asked nor felt the need to ask.
Yeah, that's pretty crazy. Interesting photo of the scratches on ex BF Ryan's hands during the search timeframe.So there is a guy roaming around Manitowoc looking for answers. He started a blog that has a couple interesting posts. He is convinced the ex-boyfriend did it.
It was interesting up until he posted his own extensive criminal history. Now I'm just concerned for the welfare of some people in this series. Internet is full of crazy pissed off people.
http://ideape.blogspot.com/?view=timeslide
Very much so. And lets say those scratches did come from him. His DNA is now under her nails. How do you get rid of that and still frame SA? Burn the body.....Yeah, that's pretty crazy. Interesting photo of the scratches on ex BF Ryan's hands during the search timeframe.So there is a guy roaming around Manitowoc looking for answers. He started a blog that has a couple interesting posts. He is convinced the ex-boyfriend did it.
It was interesting up until he posted his own extensive criminal history. Now I'm just concerned for the welfare of some people in this series. Internet is full of crazy pissed off people.
http://ideape.blogspot.com/?view=timeslide
A lawyer can't say anything in court that he/she knows is false. If the client says "yes," it limits what you can present as evidence.Really?ObligatoryGeneral question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?![]()
I've worked on probably 10k plus cases and have never asked nor felt the need to ask.
Me- Did you do it?
Perp- Ya
Me- Welp, this is going to be harder than I thought
Lou: Here’s your man, chief.I used to think the Simpson's characterization of the Springfield Police Department was a little.....unfair. But boy, watching this, I'd say it is spot freaking on.
I'm going to give a very frustrating answer here. And the reason I need to do that is because "guilty" isn't a very black and white concept. In fact, in most cases, it's very gray.What % of cases did you think they were guilty? Know? Just curious.ObligatoryGeneral question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?I've worked on probably 10k plus cases and have never asked nor felt the need to ask.
Wouldn't that be the case in every murder trial, though?Rare is the case like Avery's here where the guy is either totally guilty or totally innocent.
Correct, save for the complicated self defense cases like the George Zimmerman case.Wouldn't that be the case in every murder trial, though?Rare is the case like Avery's here where the guy is either totally guilty or totally innocent.
I did not know that. So no lawyer ever asks that question. Good to know.A lawyer can't say anything in court that he/she knows is false. If the client says "yes," it limits what you can present as evidence.Really?ObligatoryGeneral question, but also the same question specifically to this case...
First thing lawyers ask their client in their initial meeting is "Did you do it?" right?![]()
I've worked on probably 10k plus cases and have never asked nor felt the need to ask.
Me- Did you do it?
Perp- Ya
Me- Welp, this is going to be harder than I thought
Too much dairyHow come so many of these people have IQs in the low 70s?
Maybe he cleaned it and then later accidentally touched it again without realizing it.No idea. But how else could you explain only his DNA on the keys and not hers? Just seems odd that there was none of her DNA on her own set of keys.Nobody knew what her everyday keys looked like? I'd think if they wanted to find the real killer, and those weren't her actual keys, someone would have spoken up.I can believe they set up evidence without assuming the police killed her.My problem is, if I think the police planted the evidence and set SA up, I'm having to assume they killed Theresa. Unless they found the car abandoned with the keys in it, but by then, they had already started the process to frame SA. That's as hard to believe as the stuff against SA.Maybe they were left in the car?If we are to believe that the car and key were planted, where did they come from? How does Lenk get the key?
If it was her actual key, why wasn't her DNA on it? You'd think there would be prints or something of hers on the key, correct?
Maybe he had planned on crushing the car later but didn't have time to do it when nobody else was around.Remember hearing that as well. It just goes back to me thinking, there's no way he did this.In addition to a car crusher, I thought I heard them say they also have a smelter, which I could imagine make a lot of stuff go away.I'm just getting caught up in all this.. Haven't watched any of it yet..
That being said, I've been in the automotive salvage business my whole life (family business).. I used to work for a computer company that sold software/hardware to
salvage yards.. Wisconsin was one of the States in my territory.. I've been to Avery's Auto Salvage..
If it was a case of making a car "disappear", it could have been done VERY easily...
You're telling me he was smart enough to clean all the blood from the house and garage, but wasn't smart enough to think to use the car crusher and smelter?
So you are suggesting the body was found elsewhere by the police and moved to the burning pit and burned by them? Evidence shows that the body was burned in the Avery burn pit and not elsewhere. The bones were intertwined with steel straps from the tires.Or they found those keys in the vehicle when they called the plates in. Or "they" found the keys on her body.Well, family/friend/roommate. Somebody knew what her keys looked like. And when this discovery was made, you would hope the investigators asked them if they were the ones she used.Why? I'd assume in a missing person's case (which this originally was), the police would search the residence of the missing person for evidence.Completely agree. At that point, they've already spent a few days gathering the evidence against SA. The gift of the car and key just land in their lap? Maybe they found the car, and then got the spare key. But now you're having to assume the victim's family is involved. Which maybe they are if they were tipped off on where to find the vehicle in the salvage yard.It seems very likely that Colburn was looking at the car when he called in the plates two days before it was found.My problem is, if I think the police planted the evidence and set SA up, I'm having to assume they killed Theresa. Unless they found the car abandoned with the keys in it, but by then, they had already started the process to frame SA. That's as hard to believe as the stuff against SA.Maybe they were left in the car?If we are to believe that the car and key were planted, where did they come from? How does Lenk get the key?
Lets say the police did find her body after she was killed. It would possibly have the DNA of her killer attached somewhere. How would one destroy that evidence? Burn the body...... Hmm![]()
Did he also break out of jail and place the key in his room several days after his trailer had already been searched a few times?Maybe he cleaned it and then later accidentally touched it again without realizing it.No idea. But how else could you explain only his DNA on the keys and not hers? Just seems odd that there was none of her DNA on her own set of keys.Nobody knew what her everyday keys looked like? I'd think if they wanted to find the real killer, and those weren't her actual keys, someone would have spoken up.I can believe they set up evidence without assuming the police killed her.My problem is, if I think the police planted the evidence and set SA up, I'm having to assume they killed Theresa. Unless they found the car abandoned with the keys in it, but by then, they had already started the process to frame SA. That's as hard to believe as the stuff against SA.Maybe they were left in the car?If we are to believe that the car and key were planted, where did they come from? How does Lenk get the key?
If it was her actual key, why wasn't her DNA on it? You'd think there would be prints or something of hers on the key, correct?
I dont know if he does but I absolutely agree with you. No way it happened the way the prosecutor said it did.KingPrawn:
Earlier in this thread I made the statement that I believe there is ZERO CHANCE that Avery killed Teresa in the trailer or the garage. Do you agree with this statement?
He'd have to quote the whole threadNext time quote the posts you're trying to troll.Wow, the power of an extremely biased TV show is just amazing to me how many people are taking this NetFlix series as fact, and no room at all for discussion.
The old adage, it's on TV so it must be true.
Simply amazing
I may have missed it. Did this dismissed juror mention anything about the jury feeling threatened as the makers of the show are now claiming? You would think he would mention it if it were true. Seems almost as important as the initial vote that was taken.It was 7-4 in favor of not guilty when the jury first voted. The 4 were very stubborn and persuasive according to the dismissed juror.This may have already been mentioned, but I just finished the season and have not read the entire thread...there are multiple times where Detective Lenk's story was changed during the trial from his original statements made months earlier, so it would better fit with the prosecutor's timeline (e.g. the whole time log around the Rav 4 after discovery). Also, Coburn was still sniffing around evidence 4 months AFTER he was removed from the investigation for conflict of interest reasons.
How this does not scream reasonable doubt to the jury is beyond me, let alone, all of the other pieces of evidence that could be seen as reasonable doubt for Avery's case of innocence.
I have about a 25% gut feeling that he may have been guilty, as she was last saw on his property, but I also think evidence had to have been planted by the police to some degree. They search his trailer multiple times head to toe, and didn't find the key until like the 3rd day or something after already searching everything? Shady...
And yet the dismissed juror never mentioned this? Seems strange.Well, according to producers on the today show today (link upthread) one of the jurors feared for their personal safety if they didn't convict. Can't blame them with Lenk out there. He's stone cold.This is what I want to know more about. How can the jury go from the majority saying he's not guilty, to a unanimous guilty? Just seems really odd.It was 7-4 in favor of not guilty when the jury first voted. The 4 were very stubborn and persuasive according to the dismissed juror.This may have already been mentioned, but I just finished the season and have not read the entire thread...there are multiple times where Detective Lenk's story was changed during the trial from his original statements made months earlier, so it would better fit with the prosecutor's timeline (e.g. the whole time log around the Rav 4 after discovery). Also, Coburn was still sniffing around evidence 4 months AFTER he was removed from the investigation for conflict of interest reasons.
How this does not scream reasonable doubt to the jury is beyond me, let alone, all of the other pieces of evidence that could be seen as reasonable doubt for Avery's case of innocence.
I have about a 25% gut feeling that he may have been guilty, as she was last saw on his property, but I also think evidence had to have been planted by the police to some degree. They search his trailer multiple times head to toe, and didn't find the key until like the 3rd day or something after already searching everything? Shady...