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Making A Murderer (Netflix) (Spoilers) (3 Viewers)

Sabertooth said:
Good for him.  Glad this kid is at least going to get a new trial.  
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that's out, isn't it. if he gets out it's over for him, i thought? no more legal repercussions on the murder.. maybe they can try to lock him up for something else but i thought the judge's ruling basically slammed the door shut on all that?

 
mr. furley said:
that's out, isn't it. if he gets out it's over for him, i thought? no more legal repercussions on the murder.. maybe they can try to lock him up for something else but i thought the judge's ruling basically slammed the door shut on all that?
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Is this a double jeopardy situation?

 
mr. furley said:
that's out, isn't it. if he gets out it's over for him, i thought? no more legal repercussions on the murder.. maybe they can try to lock him up for something else but i thought the judge's ruling basically slammed the door shut on all that?
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Double jeopardy includes not only the same crime, but similar crimes. I think it would be hard to differentiate another crime from the murder, especially one that would get him more time than he's already served. 

 
read something yesterday where Strang and Buting said that the judge's opinion was so thorough and precise that there's no wiggle room for an appeal by the prosecutors. i think he's a free man at this point (well, in the next 80 whatever days at least).

 
mr. furley said:
read something yesterday where Strang and Buting said that the judge's opinion was so thorough and precise that there's no wiggle room for an appeal by the prosecutors. i think he's a free man at this point (well, in the next 80 whatever days at least).
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I'm sure Manitowoc will find something to pin on him soon enough.

 
They can still re-try him, right? The problem is - without the confession, they don't really have much (any?) evidence against him.

 
i think they can appeal the magistrate judge opinion that ordered he be given a new trial and the fed court of appeals would get a second take at whether he goes take thatto the bank bromigos 

 
Rolling Stone link

tldr; money quotes:

Dassey was brought in for questioning by investigators months after Avery had already been arrested and charged. Between February 27th and March 1st, 2006, Dassey was questioned four times by Detectives Mark Wiegert and Tom Fassbender from the Calumet County Sheriff's Office, which ran the investigation after the Manitowoc County Sheriff's Department was recused due to their conflict of interest as defendants in Avery's civil lawsuit. While Dassey's mother (and Avery's sister) Barb Janda was aware that the police were interrogating her teenage son, she said that detectives discouraged her from being in the room; Dassey's attorney, Kachinsky, also was not present.
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The state has 90 days to appeal the ruling to the federal Seventh Circuit Court of Appeals, in which case, Duffin's judgement will be stayed – the legal equivalent of hitting 'pause' – and Dassey will be in limbo, and still in prison, until the Seventh Circuit weighs in. So while Dassey's family and supporters are right to celebrate, it might be awhile before he can join the party.
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Judge Duffin has had Dassey's appeal on his desk for over a year, so it's hard not to wonder if the timing of his decision was at all influenced by the fact that Zellner's torpedo would be landing in full view of Netflix's cameras two weeks later. Perhaps it's an innocent coincidence, or the buzz about season two merely reminded Duffin he still has a decision to make. 
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If Duffin's ruling is appealed and then upheld by the federal appeals court, Dassey's confession will be officially thrown out and the state, lacking any physical evidence that ties Dassey to the crime, won't be able to retry him. So, if avoiding a retrial at any cost is the goal, then appealing and crossing their fingers for a win is there only option. And unless the state is scrambling to file their appeal in the next two weeks, Zellner's appeals brief will be filed first. Suter believes that no matter what Zellner has up her sleeve, it will need to be litigated in court in some way, and thus is unlikely to prevent the state from appealing in Dassey's case.

However, any new revelations Zellner has about the evidence used at both trials – like proof that Avery's blood was planted in Halbach's car – could have an influence on whether the Seventh Court ever gets a chance to weigh in. If, among other things, Zellner is able to show that Halbach's cell phone records prove she left the Avery Salvage Yard following her appointment, that would create significant reasonable doubt around both convictions, but would all but prove that Dassey – who didn't have a driver's license or a car – could not have been her killer. As new evidence like this would provide his attorneys with another avenue to pursue relief, the State of Wisconsin would have a very hard time convincing anyone, least of all the public, that fighting to keep Dassey behind bars is in the interests of justice.
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SWC said:
i think they can appeal the magistrate judge opinion that ordered he be given a new trial and the fed court of appeals would get a second take at whether he goes take thatto the bank bromigos 
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You would make one hell of a stenographer

 
what are her options? anyone know? what's the motion she'd be filing going to do? ask for a new trial due to her "tsunami" of evidence? another extension? 

 
Nathan R. Jessep said:
what are her options? anyone know? what's the motion she'd be filing going to do? ask for a new trial due to her "tsunami" of evidence? another extension? 
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I would guess she would ask for an extension - not sure who she asks, or how successful a last minute request for an extension would be.  But, I imagine she wants to see how the state responds to Dassey.

 
no doubt about that

But the fact that she even took the case means she believes she will win it. Or it has for all her other cases. I guess she could have just taken this one for the publicity, but doesn't seem like her M.O.

 
Interesting to see this all play out.   There was a UCLA student on the MaM reddit way back in January who was talking about this brand new test whereby they could tell the age of a person based on an old blood sample.  Looks like Zellner caught up with him and is having samples of Avery's blood that was found in the Rav4 tested. 

 
I've seen that attorney on a Dateline or 20/20 special where she got a wrongly accused guy out of prison - I guess that's her area of specialization.

 
 
 
badmojo1006 said:
Not sure if this has been posted yet, but Wow! 

The new motion's biggestcuri bombshell is a Manitowoc County Sheriff's Department report that documents the seizure of the murder victim's car on November 3, 2005, two days before it was officially found. "That was a huge discovery because the car doesn’t appear on the Avery property until November 5," Zellner tells Newsweek. "It's a problem when some of [the investigators] are planting evidence and others are honestly doing their job and documenting their malfeasance.”

If true, somebody is in deep S**t.
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curious to see/hear if the document is an official one, if it was incorrectly dated, etc.

seems.... odd..  that this bit of news would not have leaked a long time ago with as much as Zellner was tweeting.

 
cockroach said:
17... she has found the real killer in like 8 of them... she's just awesome :wub:
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here's what is weird to me about this woman. no lay person had ever heard of her before she got tied in to this case. as soon as she took the case people started gushing about how amazing she is.  based on ..... what?

people thought Strang and Buting were amazing! but then after MAM finished thousands of questions/theories came up and thousands of holes got poked in their defense. average people were convinced that they saw obvious mis-steps and overlooked evidence, etc.   somehow none of that blame fell on Strang & Buting.

it's strange to me how people form opinions with either no information (Zellner).... or continue to hold opinions in opposition to what they say ("Strang & Buting were saints!" / "how could the attorneys miss these 178 obvious pieces of evidence that clearly exonerate Avery???!?!?")

 
mr. furley said:
here's what is weird to me about this woman. no lay person had ever heard of her before she got tied in to this case. as soon as she took the case people started gushing about how amazing she is.  based on ..... what?
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Watch the documentary "Dream Killer" about Ryan Ferguson.  

 
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