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26th June 2017, 06:16 AM | #1 | ||
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Theres supposedly a release/bond filed for Brendan. So will the State file to keep him locked up again? The Defense is moving forward as they should. The State has to decide to go against the 7th new ruling or drop the whole thing. STATE is the unknown for now....the options seem to be. Re-Trial more 16yr old confession crap & no evidence found of Brendan anywhere. Does the State want to waste more money ? probably not. FULL 7th Re-Vote: To have one more 7th Vote of everyone is another option for the State. Its cheaper than a retrial and more likely, imo. Seems silly because whats the point really of having the 3-Judge thing if anyone who loses asks for the Full Vote? I suspect this request will probably be rejected too. But it is cheaper than a retrial. DROP IT: State could toss Kratz under the bus as a loser poster boy. The new politicians can have photops with Brendan on TV and take his "popular vote" side on tv. They could spin it in their favor and use the already tainted sweatyProsecutor as the bad-egg loser whose to blame for wasting all the states money. and the politicians can then start some more Brendan Bill! geeez... very likely if the popular vote in Wisconsin is to Free Brendan. Beg the US Supreme Court to review and overturn it back to a Guilty verdict...probably seems a big request when all the MCSD has is a video tape with no scientific evidence of Brendan a 16yr old retarded kid being asked by Weaslegart "so we'll come out and tell you...who shot her in the head?!? you can home if you tell us the right answer we want to hear""we're your friends...Im going to rub your leg with my hand and get you candy " Highly unlikely isnt it? This is where Factbender/Weaslegart screwed up. When TF sent the request for PoofyHair Lab gal to put Avery in the garage or trailer, he probably should have requested some last minute DNA of Brendan in there too or maybe had Lenk and Colburn find something of the victim in Brendans pant pocket. Is it too late for Lenk and AC to go back to the trailer and find maybe something with the victims DNA and Brendans? Maybe Lenk and AC could find something of the victims in Brendans pant pocket... like they found the bullet and key on Steve placing him in the trailer and garage much much later. Maybe they could lay another Key in the middle of the floor but this time its in Brendans trailer with Brednans DNA on a "spare key" from the SUV. Maybe find a bullet all the investigators missed the first 12 times they went through the garage? hmmm... If Brendans released should he stay in MCSD? |
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26th June 2017, 02:59 PM | #2 |
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30th June 2017, 11:35 AM | #3 |
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The Reid method and false confessions are treated
A discussion of confessions and how this relates to the Dassey case, courtesy of Cornell.
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30th June 2017, 04:26 PM | #4 |
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I was pretty shocked when a sitting SCOTUS Justice, as part of a formal dissent, expressed the opinion that there was no Constitutional basis for preventing the execution of the actually innocent as long as the trial which declared them guilty had crossed all the "t"s and dotted all the "i"s. Later evidence be damned. Tough to top that one. |
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30th June 2017, 04:57 PM | #5 |
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30th June 2017, 05:16 PM | #6 |
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Julia |
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3rd July 2017, 10:41 AM | #7 |
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Music is what feelings sound like "Dulce bellum inexpertīs." - Erasmus |
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27th July 2017, 11:47 AM | #8 |
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Illusion of Justice, by Jerry Buting
I am about halfway through Jerry Buting's book, "Illusion of Justice." I am tempted to ask, "Did Manitowoc County frame an innocent man or a guilty one?" I would recommend this book to anyone who wants to know how the criminal justice system works in practice.
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It is possible both to be right about an issue and to take oneself a little too seriously, but I would rather be reminded of that by a friend than a foe. (a tip of the hat to Foolmewunz) |
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27th July 2017, 08:30 PM | #9 |
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Quote:
I'm fairly certain Dassey is innocent. Beyond that, the waters just seem to get murkier and murkier the deeper we go. |
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28th July 2017, 12:17 AM | #10 |
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I think it is a good question, but it provokes another one. Is there any difference in our system of justice between framing an innocent man and framing a guilty one? Both require an abandonment of the rule of law. It is easy to allow the emotional satisfaction of believing we are seeing a guilty man punished to sway our conclusions about a trial which does just that, but it ignores the more crucial question of the effect on the fundamental legitimacy of our trial system. I suggest that there is no ethical difference at all between the two, and that both are equally corrosive to our respect for rule of law and its importance to our society. |
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"A great deal of intelligence can be invested in ignorance when the need for illusion is deep." "Ninety percent of the politicians give the other ten percent a bad reputation." |
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28th July 2017, 01:39 AM | #11 |
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Quote:
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http://www.troubador.co.uk/book_info.asp?bookid=2499 “She would be half a planet away, floating in a turquoise sea, dancing by moonlight to flamenco guitar.” ~ Janet Fitch The Gweat and Tewwible Winged One |
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28th July 2017, 07:10 AM | #12 |
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If Steve killed her he also drove from the property with her body in the back seat of her own car and returned to his trailer to phone Jodi.
Is there a different possibility? I can't divine it from the evidence in chief. Maybe there is a way to do this without a Steven Spielberg script. |
31st July 2017, 09:34 AM | #13 |
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Discovery of a needle in a haystack
From pp. 243-244 of the book Illusion of Justice, by Jerry Buting comes his cross examination of Sherry Culhane. This passage covers the issue of the negative control with respect to the bullet fragment.
"Q. At no time, in this report, do you ever disclose, that in order to make that finding, you had to deviate from a protocol, did you?" A. No" Q, Anyone reading this report would never know..." A. Without discovery, no. SNIP "Q. --ma'am, you did not disclose, in that report, that official report, that Courts, and juries, and judges, and lawyers, and everybody else relies on, that in order to make that call, you had to do something so rare you have never done it before, did you? A. No, I did not." Professor Paul Giannelli said with respect to the DNA evidence in the Duke lacrosse case that the defense should not have to search through a haystack to find the exculpatory needle. Yet that is what happened in the Avery case. |
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It is possible both to be right about an issue and to take oneself a little too seriously, but I would rather be reminded of that by a friend than a foe. (a tip of the hat to Foolmewunz) |
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31st July 2017, 12:29 PM | #14 |
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The phrase, "exculpatory needle" sounds like it means a single, hyper-probative, get-out-of-jail-free, bit of undeniable evidence which blows the whole case open, recasts all the other evidence in a new light and clears our boy.
Is that what this is? Because I'm seriously smelling some exaggeration here. |
31st July 2017, 01:02 PM | #15 |
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Exculpatory information can come in all degrees
When DNA shows up in a negative control, one repeats the work. Period. The fact that her supervisor OK'd reporting a result from this batch is meaningless. No one can be sure how she contaminated it. Why even perform the control if you are going to ignore it?
IMO because of the result from the negative control, the profile on the bullet is worth nothing, and I would hope that the jury would have discounted it accordingly. The information that the lawyers eventually turned up about the negative control is exculpatory. How exculpatory it is can be debated, but it certainly falls into that broad category. |
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It is possible both to be right about an issue and to take oneself a little too seriously, but I would rather be reminded of that by a friend than a foe. (a tip of the hat to Foolmewunz) |
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31st July 2017, 01:35 PM | #16 |
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Exculpatory refers to facts which show the defendant to be innocent. These are of the "he couldn't have done it because he was in Madrid" type. In other words, evidence that shows it was not possible for him to have done it (or at least strongly imply that).
A technician who makes a mistake, or even committed fraud, can only taint whatever evidence the technician handled, and that's certainly worth noting but the prosecutor can just drop the whole line of evidence. Bad evidence doesn't have to be exculpatory and in this case, I don't think it is. |
31st July 2017, 01:39 PM | #17 |
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I am comfortable with another approach.
There is extreme controversy about a piece of vital evidence that seems damning. The man seems to have a remarkably strong alibi, hard to break. Therefore I will take the provisional view there is an explanation that does not involve Avery in the bullet evidence and wait for forensics that are not controversial. In fairness, his blood in the Rav4 needs explanation. But as I said above, the narrative seems to require him to drive off with her body in the back seat (her blood in the back seat confirmed and the car was reliably seen leaving) and return somehow and make a phone call at 5pm. It does not compute. |
31st July 2017, 02:31 PM | #18 |
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exculpatory versus inculpatory evidence
Evidence which would tend to indicate the innocence of the defendant. link 1
"Any evidence that is favorable to the defendant in a criminal trial is considered exculpatory. Likewise, any evidence favorable to the prosecution is inculpatory." link2 There is nothing in these definitions which says that any one piece of exculpatory evidence must prove innocence. It is one stone on the scale, so to speak. |
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It is possible both to be right about an issue and to take oneself a little too seriously, but I would rather be reminded of that by a friend than a foe. (a tip of the hat to Foolmewunz) |
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31st July 2017, 03:47 PM | #19 |
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I don't believe this is a reasonable explanation of "exculpatory" as it is applied in a court of law. This is;
Quote:
That would be best left up to a jury. Apparently the DA felt a need to try and conceal the fact, while still trying to present the results as untainted evidence. That should tell you something about his opinion of how a jury would react. |
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"A great deal of intelligence can be invested in ignorance when the need for illusion is deep." "Ninety percent of the politicians give the other ten percent a bad reputation." |
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31st July 2017, 05:39 PM | #20 |
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31st July 2017, 10:06 PM | #21 |
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3rd August 2017, 01:13 PM | #22 |
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In true James Randi fashion, Zellner calls out the "guilters".
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4th August 2017, 05:43 AM | #23 |
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And here is a response put together by some "guilters":
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4th August 2017, 11:17 AM | #24 |
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Hard to know how much of that is valid, if any of it is. And in fairness, the same could be said of Zellner's questionnaire.
But it's hard for me to take anything seriously from people who are fine with Ken Kratz's shenanigans, but question the ethics of another lawyer. |
4th August 2017, 12:37 PM | #25 |
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In question 36, you claim family members were "approaching the fire" in Avery's burn pit between 7:30-11pm. We'll have to assume you're not referring to Brendan, who was at the fire helping Avery to burn Teresa's body.
I take that very seriously. I think it is extremely reprehensible for Brendan to help with the Teresa barbeque. But strange to think no one still believes he did. Avery guilters are in a parallel universe. |
2nd September 2017, 04:23 PM | #26 |
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Zellner claims Halbach was not killed anywhere near the Avery Auto Salvage, but clubbed to death–not shot– likely at her home in Hilbert, Wisconsin, about 30 miles away. Zellner says her latest findings back that up.
http://www.inquisitr.com/4472735/kathle ... very-case/ Clearly she is very likely to be correct. In the article also "she points to Ryan Hillegas, Halbach’s on-again, off-again boyfriend as the likely killer. She dramatically links him to bumbling Manitowoc County Sheriff’s deputies who she says were duped so badly they planted evidence to cover their tracks." What a perfect storm for Steven Avery. |
2nd September 2017, 05:01 PM | #27 |
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She's trying to fry snowballs. Whatever happened to that supposed 'tampered' with vial of blood she claims was used to plant Avery's DNA in the vehicle. Quietly dropped, hmmm?
Quote:
I recall another pundit, Jim Clemente, announced that JonBenet Ramsey's brother 'did it' and is now facing a multi-million dollar libel suit. Perhaps Zellner will find herself on the wrong end of a suit herself. |
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2nd September 2017, 05:04 PM | #28 |
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3rd September 2017, 07:53 AM | #29 |
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Here is a link to a podcast you may be interested in. The podcast episodes are interviews with various authors of true crime books. The interviewer, Dan Zupansky, is really awful at interviewing, but for some reason he has a considerable number of followers, myself included. Dan is a journalist and an author, so perhaps his forte is in those areas.
I figured this particular interview may be of interest to some in this thread. |
3rd September 2017, 09:19 AM | #30 |
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3rd September 2017, 10:29 AM | #31 |
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Because the results were promised in March and since then we have heard nothing further, so clearly Zellner is no longer pushing it.
Quote:
Grasping at straws, IMV. |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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4th September 2017, 01:11 PM | #32 |
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That's a story from January! The post-conviction motion has already been filed.
Haven't you got anything up to date? |
4th September 2017, 01:24 PM | #33 |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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4th September 2017, 01:40 PM | #34 |
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5th September 2017, 03:31 AM | #35 |
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who claims the soulless Who speaks for the forgotten dead ~ Danzig |
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5th September 2017, 08:47 PM | #36 |
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I have read Shaun Attwood's book and defence attorney Jerome Buting's book. The prosecution theory matches no part of the found crime scenes, and the science of cremation shows burning the body to bones in the fire pit is completely impossible. So Steven Avery is innocent of the crime. Not just IMO, but in the opinions of all objective analysts, with no dog in the fight.
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6th September 2017, 12:36 PM | #37 |
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26th September 2017, 06:06 AM | #38 |
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New evidence to be added to the motion it seems on the Avery case.
Dassey's en banc today....but the decision could be a long long time I read. Wouldn't a person think he would be allowed a release, following two separate decisions in his favor, while he waits for the third decision? |
27th September 2017, 08:06 AM | #39 |
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From the sounds of it it’s going to be a 3-4 split with no indication which side the deciding vote is leaning toward.
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27th September 2017, 10:29 AM | #40 |
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Habeas schmabeas--Wisconsin style
Link. [quote] As it stands now, Dassey’s confession is the only legally relevant issue and it is being reviewed through the lens of a controversial statute called AEDPA, which sets an extremely high standard for defendants to receive habeas corpus relief.
Several times during Tuesday’s hearing, the panel of judges made reference to specific sections of AEDPA, prodding the defense and prosecution to explain how Dassey’s case did or didn’t meet at least one of the two standards. Did Dassey’s case “involve an unreasonable application of clearly established Federal law?” Or was it “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding?” [endquote] |
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It is possible both to be right about an issue and to take oneself a little too seriously, but I would rather be reminded of that by a friend than a foe. (a tip of the hat to Foolmewunz) |
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