Making a Murder - Netflix Original Series

214,236 Views | 1382 Replies | Last: 1 yr ago by Pluralizes Everythings
Brian Earl Spilner
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Could've been somoene living there.
theterk
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I lost the keys to my car this morning. After walking around the house for 30 minutes, there they were on the coffee table.
Celee04
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Finished this last night and my overall take was that Brendan was not guilty of anything other than being a mentally challenged child. As for Steven Avery... Maybe he did it and maybe he didn't, but the prosecution did NOT prove its case and the defense did an excellent job of introducing a lot of evidence that fostered doubt. As such I think it is an absolute crime that the jury returned a guilty verdict, and would love to hear how they justified that decision (especially considering the not guilty verdict on count two of mutilating the body).
thirdcoast
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Instead of investigating the dynamics around the distance of the areas bone fragments were found, the prosecution/investigation leveraged that info only for a dismemberment charge. This is the most overlooked and important circumstance in the entire case.

Additionally, you have the expert prosecution witnesses below making statements of certainty, that were essentially proven uncertain or reasonably doubtful.

1) Bone expert #1 says there is no way bones were moved to burn pile and that it was the initial and final destination of body, putting Steve in proximity. Bone expert 2 clears up that misconception with another seperate preceding real case of fragment movement happening and being unidentifiable. Bone expert #1 also clearly contradicts herself when they ask her about bones being gathered and transfered by investigators as evidence, in which case that movement is irrelevant to her theory of certainty.

2) FBI agent tests blood in car for test tube EDTA (anti-coagulant). He says its scientifically certain there was no presence of EDTA, when it appears there was never a calibration of detection levels established in the new and quick administration of test. Like any other test, it could be possible there were untraceable levels. In that case, the remaining swabs could be tested in future with testing tolerance advancement. (Steve's only DNA hope) The state or FBI would clearly be vested in not bailing out a bankrupt county or eroding public trust in law enforcement to this magnitude.

3) The ballistics expert tested a bullet fragment that very well could have been found in the garage, but it also could have been contaminated with traceable amounts Teresa's DNA if the fragment was grazed agaisnt the blood soaked carpet in her RAV4 trunk before being shiped to evidence room. Based on the way the key was "overlooked" but later found after Lenk discovered it by himself, this contamination could not be ruled out. Lenk also visited the car at night, but said he visited in daylight. Most damning was that Lenk didnt sign in on the mandatory checklist, which was not refuted and very incriminating together with his prior perjured testimony on timing of visit.

The officer's recorded "coaching" comments to ballistics expert on explicity linking bulllet to Teresa DNS instead of bullet to Avery or anyone else, dont help the prosecution's case. Nor does the contamination of the test with the ballistic lady's DNA. They deviated from the required contamination protocol without establishing that the protocol was outdated or not a relevant control, because it established a murder location.

*I wouldn't be surprised if there were some very bad things going on within the family on that "compound". One investigator testified to sexual molestation as a motive for his coerced confession of Brendon (huge no no). So I would not rule out that type of build up as a motive for Bobby/Scott to directly throw Steve under bus, or law enforcement to indirectly condem Steve by "enhancing" the case. It is probable (and confirmed by 1 juror) that these real recognitions on Steve's character by the jury, promoted false assumptions on the murder of Teresa. Its certain that contradicting testimony, conflict of interest, illegal/questionable evidence gathering/processing, and unethical media interaction from the prosecution all superceded Steve's right to a fair trial or appeal. That is the concern regarding the bigger picture on law enforcement and our judicial system as it relates to a citizen's constitutional rights to due process and innocence until proven guilt. Guilt was not proven, it was placed....whether suspensions are correct or not, that is wrong and extremely troubling.
thats what I do
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Kachinsky had just lost a race for judge. Do you think successfully defending an accused murderer would help his future political ambitions? He seems like someone who had total faith in law enforcement and did what he could to help the prosecution. Total failure of duty.
Bunk Moreland
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quote:
Kachinsky had just lost a race for judge. Do you think successfully defending an accused murderer would help his future political ambitions? He seems like someone who had total faith in law enforcement and did what he could to help the prosecution. Total failure of duty.

exactly. He's a schmuck's schmuck. He took the case because of the popularity it would bring him, and then he tried to get a quick plea to avoid a long dragout trial where he'd look like an idiot
thirdcoast
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and if Avery was a black man, you can bet Eric Holder and the DOJ would be all over these cops and this case.....can you imagine a white redneck cop planting a key on a black guy suing for millions?!

Not to mention the different jury of "peers" that would have been selected.
Idaho Aggie
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and if Avery was a black man, you can bet Eric Holder and the DOJ would be all over these cops and this case.....can you imagine a white redneck cop planting a key on a black guy suing for millions?!

Not to mention the different jury of "peers" that would have been selected.


Our justice and law enforcement system problems go beyond political affiliation. We need to stop trying to score political points with individual cases and deal with the broader issues regarding the integrity of our legal system. I believe a huge part of that is accountability for our law enforcement officers, lawyers and judges.

I'm so tired of people trying to turn everything into a narrow political issue for their team. That is what is great about this documentary. It's not about Michael Brown or Trayvon Martin. It's not about black people or white people or Republicans or Democrats.
PJD Ag 10
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Now, I do have one very stupid question that I must have missed. If burning a body removes the DNA, did they confirm the bones were Teresa's because they found fragments of her belongings in the trash bin?
Big Al 1992
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Legal question
If you're on the jury and believe defendant committed the crime based on physical evidence, time line etc, but don't believe it happened the way prosecution says it happened, are you still ok voting guilty?
aTmAg
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quote:
quote:
and if Avery was a black man, you can bet Eric Holder and the DOJ would be all over these cops and this case.....can you imagine a white redneck cop planting a key on a black guy suing for millions?!

Not to mention the different jury of "peers" that would have been selected.


Our justice and law enforcement system problems go beyond political affiliation. We need to stop trying to score political points with individual cases and deal with the broader issues regarding the integrity of our legal system. I believe a huge part of that is accountability for our law enforcement officers, lawyers and judges.

I'm so tired of people trying to turn everything into a narrow political issue for their team. That is what is great about this documentary. It's not about Michael Brown or Trayvon Martin. It's not about black people or white people or Republicans or Democrats.
Just because you don't like it doesn't make his statement any less true.
Bunk Moreland
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I feel like we're very close to the slope...can everyone please not let this turn into a cross-politics thread? In fact, I think there is a thread about the show on the Politics board for anyone interested in discussing that aspect of it.

We've done so good for so long.
benMath08
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quote:
Legal question
If you're on the jury and believe defendant committed the crime based on physical evidence, time line etc, but don't believe it happened the way prosecution says it happened, are you still ok voting guilty?
It's my understanding that legally, you can vote however the hell you want as long as no one outside the jury is persuading you to vote that way.
tmaggie50
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quote:
https://t.co/JSYLPyWfvV

Brendan's full confession transcript if anyone is interested.

As Im going through this thread and clicking on links, I opened up and read a few pages of the transcript. On page 10, Brendan says the clothes hat had blood stain and were women's clothes, the shirt was blue.
There was a link to Reddit that had a clip of a statement from Mr. Schmidt, the person she visited earlier that day, that said she was wearing a white shirt.

After reading all of that transcript without any dramatic features, it seemed like a pretty straight forward and honest admission by Brendan.

I forget the timeline though, on 2/27, was that the first time they had interviewed Brendan?
Joan Wilder
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Big Al, good question. The challenge for me is that you are asked to convict on the evidence you are presented - as in: he did this, here's the physical evidence and testimony that backs that up. You can't convict with the idea that "well he probably did it another day, I bet he shot her over here" because you don't have any evidence.

I don't know all the evidence the prosecution presented by I would have to say I'd have reasonable doubt.

I wonder why no other juror was interviewed other than the guy who left early.
tmaggie50
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What an incredible case. Ive caught up on this thread for the most part and wanted to give my opinion.

1. I find Brendans multiple testimonies to be very confusing. The transcript link posted earlier in this thread from November 27th (I think), is the most believable story of any of Brendans. He gets home, goes through his normal routine, and then sees the body in the fire that night. The clothes he sees in the pit conflicts with what Mr. Schmidt says she was wearing though. He also says she was stabbed in the back of her car (Which seems plausible standing alone), but there was not blood from a stab wound that was found in her car and the carpet wasn't missing. So I have to believe that is unlikely.

2. Brendans brother and step-dad are really concerning. Like mentioned earlier, they are each others alibi, their stories have been proven to be lies (or at a minimum flawed), and they seem to have it out for Steven despite their mother/wife (Barb) seemingly liking him just fine. Seems especially that the stepdad/bf guy had it out for Steven. They clearly had access to everything on those properties to pull this off themselves. Brendans brother claims to be home and see her in the yard, then leaves to go hunting. If that part is true, then that establishes that he knew where she was and could have caught her on her way out.

3. The cops ruined this case clearly. This would have been a MUCH more convincing murder case had the cops just gotten out of the way. Unfortunately, with the terrible evidence the cops had, I have to say Steven should have been found NOT GUILTY. Not innocent, but certainly not enough to convict him.
LHIOB
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quote:
Big Al, good question. The challenge for me is that you are asked to convict on the evidence you are presented - as in: he did this, here's the physical evidence and testimony that backs that up. You can't convict with the idea that "well he probably did it another day, I bet he shot her over here" because you don't have any evidence.

I don't know all the evidence the prosecution presented by I would have to say I'd have reasonable doubt.

I wonder why no other juror was interviewed other than the guy who left early.
Jurors made a pact according to one story
Kmerz42
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I just still can't get over the circumstantial evidence that ultimately convicted Avery and ZERO evidence that convicted the kid.

So the State of Wisconsin wants us to believe that Avery is a super advanced murderer capable of shooting a woman multiple times, dismembering her, and burning her remains at the property and only leaving a few pieces of DNA traces?

Let's be honest it would take that guy a month to figure out a Keurig Coffee maker much less how to decontaminate and hide all of the evidence.

So then i try to play devil's advocate and say he was indeed smart enough to get rid of all DNA evidence from his house and garage (which interviewed experts say would have been next to impossible). So he pulls that off and then is stupid enough to leave bones in his burn pile and put the car in almost plain view in his family's junk yard?

No matter how I look at the case presented I can not agree with the state with the facts they attempted to prove that she was a. murdered in the garage and dismembered there and b. that she was tied up to the bed, raped, stabbed, throat cut, and strangled.

Neither of those are believable given the evidence.
PJD Ag 10
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The testing for blood in the crack of the garage seems to be massively overlooked in favor of the bullet.

Seems that test would indicate if that bullet indeed killed her and was shot by SA, he had to locate it after exiting her, crush it, and throw it into his own garage.

Makes no sense.
Celee04
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Not to mention the fact that, didn't they say she was shot 11 times? 1) I could be wrong on that 2) If im not, how do they know that (or was this a Brendan special)? and 3) If that was the case where are the other 10 bullets?
aTmAg
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I asked this in the politics board, but no answer so far:

Question for lawyers: if somebody on this jury opted to stay strong and either force an acquittal or a hung jury, and it got to the point where he was basically doodling in the corner and ignoring everybody, what would happen? Could the judge remove the juror or whatever?
M.C. Swag
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No lawyer but doesnt a hung jury just mean it has to go to re-trial and they star over with a brand new jury?
thirdcoast
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http://www.nbc15.com/home/headlines/5850031.html?device=phone&c=y

quote:

He says he only caught the last part of the conversation between Avery and Dassey's friend Mike Osmunson -- and that his uncle followed the joke with a statement that people go missing all the time and that the "girl might have left for Mexico."



Was Mike ever called to testify? If not, why not?
It appears he was the link to the closest thing to a confession the prosecution had. Would confirmation of Avery's comments as a joke require Avery to take the stand?

I think Mike's statement might have been in a police report, but to my knowledge only breifly mentioned by Bobby when he was on the stand....but it certainly didnt have a positive impact, and was reported by the media as a slip up.

Maybe the prosecution saw Avery's early open and free comunication with the media, and cooperation with police as a sign of innocence. Would speaking freely and jokingly on the topic also be reasonably perceived as not concerned or oblivious to the details of the murder?

Either Avery:
1) has huge balls and arrogantly mocking everyone with no fear or care

2) he is smarter than expected, and feels his best option is to play innocent and stupid....saying things and cooperating in a way no guilty man with bones in his backyard or the key on his floor should

3) he is innocent and stupid
MW03
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quote:
I asked this in the politics board, but no answer so far:

Question for lawyers: if somebody on this jury opted to stay strong and either force an acquittal or a hung jury, and it got to the point where he was basically doodling in the corner and ignoring everybody, what would happen? Could the judge remove the juror or whatever?
Best a judge could do would be to issue a "dynamite charge" which basically chastises the group by saying if you don't reach a decision, then this whole mess wasted 6 weeks of taxpayer money blah blah blah.

Criminal convictions/aquittals require unanimous votes in Texas. If one person is obstinate in either direction, the jury hangs, meaning the whole thing must be retried. Typically, the judge (or lawyer) will poll the jury in which case they learn what the count was when it hung. If it's 11-1 in favor of a conviction, you can bet the prosecution will try it again and the Defendant will look for a plea. If it's 6-6 or something, you can bet the State will think twice about taking it to trial a 2nd time.
aTmAg
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quote:
No lawyer but doesnt a hung jury just mean it has to go to re-trial and they star over with a brand new jury?
Yes. But my question is whether or not a juror could be stopped from doing so by the judge? I heard of a case where a jury flipped a coin and it was thrown out by the judge and declared mistrial. I wonder if a juror refusing to partake in deliberations after a few days would be treated similarly.
Joan Wilder
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I *THINK* they found 11 shell casings in the garage, one with DNA on it. That's where the "she was shot 11 times" came from. I could be wrong & maybe that's something I read on Reddit. I can't remember. How they felt comfortable asserting that when they didn't have a body to corroborate that is beyond me.

Either way, it seems a big leap to go to rape/murder/throat slitting and/or shooting 11 times as one's first murder, with a nice settlement looming. I can envision an accidental death or things escalating quickly to a crime of passion or something, then he panics and burns the body...but the other scenarios are pretty big and grisly and extreme. But you never know....
thats what I do
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A judge can pressure a jury or juror in various ways.
TCTTS
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Looked back through three pages and didn't see this posted yet. As much as I want to kick him in the face, Ken Kratz just dropped the mic...

http://www.thewrap.com/making-a-murderer-prosecutor-ken-kratz-steven-avery-9-reasons-guilty/
astrosaggie1212
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Seen most of that before, but outside of the DNA under the hood, none of that really does as much for me as it seems to do for Kratz.

I think the weakest part of his points is we are expected to believe that she was so creeped out by him but still went to Avery Rd., saw his trailer (if she somehow didn't recognize the address), and stuck around to take pictures?
Brian Earl Spilner
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Yeah, that's been posted, and it's hardly mic drop worthy.
TCTTS
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That's the one that doesn't make sense to me. She knew where he lived. How would he "hide" his address/location if she had been there before.
Mr.KyleReed
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As I'm sure everybody has said, and I'm sure there is already a subreddit discussing it, but

if she was killed the way they described against SA (in the Garage) wouldn't there be tons of blood in that concrete? And didn't they did dig up the concrete looking for blood, no evidence.

Also, if they found SA guilty, then that means she was shot in the garage or killed in the garage. Then how in the hell only a couple weeks later, find BD guilty when in that case they said she was locked up on the bed, slit throat. Should be a blood soaked mattress. Nothing.

Thats the part that im finding confusing.
scoop12
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The purse contents being found nearby and the 'tool' used to chop the bones is pretty interesting. Hadn't seen that anywhere.
captkirk
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quote:
Seen most of that before, but outside of the DNA under the hood, none of that really does as much for me as it seems to do for Kratz.

I think the weakest part of his points is we are expected to believe that she was so creeped out by him but still went to Avery Rd., saw his trailer (if she somehow didn't recognize the address), and stuck around to take pictures?
They were in his house for 8 days. Easy to get some other DNA from there to place under the hood. What in the heck was he doing under the hood anyway?
thirdcoast
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quote:

9. Ballistics said the bullet found in the garage was fired by Avery's rifle, which was in a police evidence locker since 11/6if the cops planted the bullet, how did they get one fired from HIS gun? This rifle, hanging over Aver's bed, is the source of the bullet found in the garage, with Teresa's DNA on it. The bullet had to be fired BEFORE 11/5did the cops borrow his gun, fire a bullet, recover the bullet before planting the SUV, then hang on to the bullet for 4 months in case they need to plant it 4 months later???



If you are turning that property upside down, it wouldnt be hard to find a bullet fragment from Avery's gun. The question is why is Teresa's DNA on the bullet fragment, the ONLY DNA of hers in the entire garage???

1) The ONLY DNA of Teresa available onsite to be harvested was in the back of her car. (blood was never found anywhere else)

2) Now consider that Lt. Lenk signed OUT of car log at 10:41 PM on 11/05/05. (no record of him signing IN upon his arrival at 6:30 or 7PM)


3) The information that Teresa was shot in the head was not discovered until shortly before the March 2006 search warrants.

4) No bullet fragments were found in any search of garage between Nov 2005 to Feb 28th, 2006. Lenk signed into garage suspiciously between the lines on 03/01/06 after a new warrant based on headshot. The bullet fragment was officially located on 03/02/06 by Manitowoc County officer Dave Remiker (he knew right where to look).


5) Fassbender told the ballistic expert to "try to put her in his house or garage". Ballistic expert did not disclose that she deviated from the contamination protocol to place Teresa in garage via bullet.

To me that all sounds very familair to the Key that was mysteriously discovered. Kratz more or less concedes the Key was planted in his closing arguement to jury, and also doesnt mention this "lynch pin" car key in his 9 bullet points.


This guy was being sued civilly for millions. He was also on site and at the specifc location and time that both the key and the bullet were discovered. All this after it was publicly announced Manitowoc officers would have minimum involvement due to "conflict".
 
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