What's new
By:
USCHO Fan Forum

This is a sample guest message. Register a free account today to become a member! Once signed in, you'll be able to participate on this site by adding your own topics and posts, as well as connect with other members through your own private inbox!

  • The USCHO Fan Forum has migrated to a new plaform, xenForo. Most of the function of the forum should work in familiar ways. Please note that you can switch between light and dark modes by clicking on the gear icon in the upper right of the main menu bar. We are hoping that this new platform will prove to be faster and more reliable. Please feel free to explore its features.

Making a Murderer updates

It's entertaining, but if I were Avery I wouldn't count on being out for July 4th or anything.

I'd want to see some things, like cellphone records for this guy. Can they track him to the site at the time he says he was there.

I thought it was funny (although largely unimportant) that he couldn't remember the make of his own car but he remembered seeing a Rav4 getting pushed by these guys.

He says he called the sheriff's office, which is certainly possible. But where has he been for these last 16 years? He's a local.
 
SJHovey said:
It's entertaining, but if I were Avery I wouldn't count on being out for July 4th or anything.

I'd want to see some things, like cellphone records for this guy. Can they track him to the site at the time he says he was there.

I thought it was funny (although largely unimportant) that he couldn't remember the make of his own car but he remembered seeing a Rav4 getting pushed by these guys.

He says he called the sheriff's office, which is certainly possible. But where has he been for these last 16 years? He's a local.
Click to expand...

Agreed on all points here. if Zellner finds the records of the phone call (I assume she has them???) and they coincide with his timeline that’s a good reason for the COA to grant a hearing I think. Even if the police don’t provide their call log you’d think the cell company could provide this guys record and what tower his phone pinged when on the call.
 
Yeah I dont buy any of this and Zellner has done nothing but bloviate and hyperbolize since she became a part of this circus.
 
I haven't followed any of this crap but it is all just about CYA now? Like all consideration of the merits or what actually happened has no place at all in the proceedings and these people are just saving their butts?

Hasn't this been about 20 years now? I don't even recall where it finally went: did they set up the tard or did his Tundra Appalachian family really do it, or what?
 
Kepler said:
I haven't followed any of this crap but it is all just about CYA now? Like all consideration of the merits or what actually happened has no place at all in the proceedings and these people are just saving their butts?

Hasn't this been about 20 years now? I don't even recall where it finally went: did they set up the tard or did his Tundra Appalachian family really do it, or what?
Click to expand...

I think the conviction was in 2007, so it's been awhile.

With respect to the CYA, in my opinion one thing that happens is this. I think the burden on criminal defendant's for getting new trials, or getting a hearing to determine if he should get a new trial, is pretty high. I think they do it that way in part to protect the courts against the endless appeals that could (and in some cases, are) filed by prisoners every year. On the other hand, that really screws the people who actually did get a bad trial, or are innocent.

I suspect Avery is caught up in that problem right now. It's not really whether he is guilty or innocent, at this point, but it's whether he has met the particular criteria necessary to even get a second day in court.

This problem is why I am not in favor of doing away with governor or presidential pardons, to the extent they are available.
 
The state has circled the wagons. Zellner has exposed 5-6 Brady violations and has proven the state’s facts don’t add up to Avery committing the crime but the COA referred back to the state’s erroneous case as if bones were not found in the quarry AND Avery by osmosis somehow knew about those, etc

There are 2 points that I think will keep Avery in jail:

1 - precedent. If the state finds a major error here after locking him away twice wrongfully…if they said “oops! Sorry.” Now, how much faith will be lost amongst voters? How certain can we be on other “slam dunk” convictions? How can we trust cops, judges, da’s going forward?

2 - $. Avery is owed a stadium filled with money now if he’s exonerated. Where would the state magically obtain an 8-9 figure settlement from?


it’s up to the Supreme Court of Wisconsin now (4-3 gop majority) and I suspect they’ll decline the case because again, it’s about circling the wagons.

short of a confession from the murderer or a cop with a guilty conscience, I believe it’s over…

Zellner will go federal next but we’ve seen what happens there to. They’ll circle the wagons behind the state.

it truly is a real life Josef K. Travesty.
 
Why hasn't some federal court just thrown everything out and said "go home, everybody, you're drunk" by now?
 
Because it isn't as cut and dry as solo says it is. Plus you have to have a reason throw out the case and Zellner hasn't provided anything factual just a lot of conjecture and bravado. It is convincing to those of us that watched the (biased) documentary but it might not add up to reversible error.

It is hard to overturn a conviction on principle. There is a lot of dirty things at play here but not a lot of courts, even Federal Ones, are going to think it amounts to the level needed to just throw out the conviction. The system isn't set up that way.

unofan can probably explain it way better than I ever could...but my understanding is what you suggest is not likely even in cases where it is way more obvious than it is here. That seems like something out of movie.
 
You must log in or register to reply here.
Back
Top