Making a murderer - The Avery case (Spoilers)

lol you've written quite a lot there... I'll respond to the points in order;

1.>

However, law enforcement would have known about it from around November–December 2005, when Dr. Eisenberg examined the bones and determined there was evidence of a gunshot wound to the skull fragments.

At that time (March 1st), the cause of death - or the gunshot wound to the head weren't necessarily known about, along with the information Brendan provides around her being shot in the garage - they actually use the information from that interview (the gunshot to the head in the garage) to get a warrant to perform a thorough search of Steven Avery's garage - where they later discover the bullet fragment under his compressor.

Whilst it's true that Dr Eisenberg examined the bones, she actually sent them to a different person (Kenneth Olson) who examined them for bullet residue - which didn't happen until February 2006, and further fragments were also examined in November 2006, so it's difficult to know for sure whether Fassbender actually knew about this before Brendan confessed - Fassbender says he didn't know at the time in his interview with Dateline. https://www.youtube.com/watch?v=xYUjEyO55gc (3:45 onwards)

I suppose you either believe him or you don't, I think Fassbender is telling the truth. Unless we know the date that Fassbender actually received the results of the forensic examinations we can't be sure.

(Page 224, skull fragment examination Feb 06)
https://static1.squarespace.com/sta...af0bfc5a9741/1452485288899/dassey_4_17_07.pdf

2.>

There's no denying Steven had a cut, but Brendan's account of it is far from reliable.

But which is the most reasonable and likely explanation?

Avery cut himself (he did have a deepish cut) during the murder, which is a reasonable explanation as to how his blood got on her Rav 4

OR

The blood was planted, which is a terrible place to advance an argument from - because there's no evidence for it, and extraordinary claims required extraordinary evidence, there simply is no evidence at all, of foul play regarding how the blood got there - the defence tried it with the blood vial, but they were made to look very silly indeed.

Put your yourself in the shoes of the Jury

3.>

Furthermore; in earlier statements, Brendan says that Steven tied up Teresa Halbach, put her in the back of the RAV4 and stabbed her. In later statements, Brendan says that he and Steven stabbed Teresa Halbach in the garage before putting her into the RAV4. They then take her out of the vehicle and Steven shoots her in the head (once, twice, three times, five times or 10 times depending on the statement). If this were true, you'd expect a lot more blood transfer in the back of the RAV4. Brendan says there was a lot of blood that they had to clean up on the garage floor, so why isn't there more in the back of the RAV4 if this is an accurate portrayal of events?

A knife wound to the chest and stomach should have left a lot more blood than what was found in the back of that car.

First of all - it's impossible to know exactly how much blood there would have been, a fatal stab wound can produce hardly any blood at all - or a victim can bleed out externally in 30 seconds, or it might be an internal haemorrhage, we just cannot say how much blood there should have been, so I think it's irrelevant to pursue that any further without knowing - all we can do is speculate.

Nobody can explain some of the differences (number of gunshots, stabs or the exact location of each act) that are present in Brendan's statements, it could be that the experience messed up his mind quite significantly, perhaps PTSD or some form of mental issues that arose from being involved in such a traumatic event, that affected his ability to recollect.

For me, the amount of detail he provides (for someone of his intelligence) puts it beyond a reasonable doubt that he was there, was involved and crucially that Steven Avery was the main perpetrator. You also have to remember that he did admit to being there and did admit to taking part in the killing during a phone conversation with his own mother, so whilst people might argue the police coerced his confession (which I don't agree with) to also think he lied to his own mother in a phone call, is stretching it too far in my opinion.

4>

That's the closest I can get to make it all add up. [phew]

I think relying on time lines is going to result in massive amounts of variation - essentially we're dealing with a bunch of total cretins in a junk yard who are barely educated at all, I'd be surprised if any of them actually knew or could remember the time, and I imagine a lot of times are just made up and are totally meaningless. Essentially - there's very little we can do to corroborate the times here, other than look at the phone records for then Steven called Teresa.

I also suspect (I can't prove it) that other members of the Avery and Dassey family were involved somehow, perhaps Bobby - but also others, it's just speculation on my part. Especially when you consider other people were in and around when this happened and nobody other than Steven and Brendan knew, (with the exception of eyewitnesses mentioning fires)

But again - if the competing theory is that everything was moved, evidence planted, everything faked to frame Avery - that would also need to be done without anybody seeing, which is to me is so unlikely it can be outright ruled out.

5>

He does this in one of the last interviews (13th May 2006). He says that he thinks Steven planned it because he wanted to go back to prison and that he was ****** off with Jodi for being in prison. Weigert suggests it's because he's "not getting any" while Jodi is in prison. Brendan doesn't really go into any details about the 'plan', just that Steven said she was pretty and he was going to kill her. It's not the most convincing story.

It's not the most convincing story, but it just adds to the amount of detail Brendan has volunteered - you can rule it out as being a lie in isolation, but taken with everything else he says - it adds up to a lot of *stuff*

Regarding the plates, it's Weigert who first brings them up and asks who removed them, Brendan just says "Steven did" and Fassbender is the one who suggests that SA opened the hood, not Brendan.

In my mind, regardless of who said what first - it seems pretty clear, Brendan agrees with Fassbender that he opened the hood, when they swab the latch they find Avery's DNA (probably skin cells)

And again - what alternative theory is there to go with? that somebody planted Steven Avery's skin cells on the latch, along with all the other evidence, to frame him? It's too far out, too complicated, too risky - and the only people capable of pulling it off would be the police, as the level of forensic, technical and stealth expertise required, rules out the average person by a long shot.

It's one thing to poke holes in Brendan's statements, but there is no better alternative theory that makes sense, that explains what happened.


I've enjoyed these conversations, but honestly - I've spent so much time looking through this case that I haven't done any work, so I probably won't reply much more in here for a while as it just takes too much time rofl... However my final thoughts on it are;

In summary;

I think Steven Avery is guilty beyond a reasonable doubt, the forensic evidence and the fact that he was the last person to see Teresa that day, are enough to get it over the line. Any of the competing theories surrounding the planting of evidence are mostly ridiculous, or based on pseudoscience and are therefore ruled out.

Regarding Brendan.
  • I think Brendan was there
  • I think Brendan volunteers too much detail for it to be all made up, when you consider just how much there is
  • I think Brendan is probably a decent person in a terrible situation
  • I suspect that when Brendan encountered the screaming coming from the trailer and went to investigate, Steven got him to rape her so that Brendan would now be involved and therefore help cover up the crime and cover up for Steven, essentially exploitation.
  • I think Brendan got a bad deal.

Why do I think Brendan got a bad deal?

If you go back right to the start and look at Len Kachinsky, he was essentially ineffective counsel and he threw Brendan to the dogs and possibly allowed the Avery family to close ranks and dictate the shots to protect Steven Avery, rather than get the truth out of Brendan and use that in exchange as part of a plea deal. Len Kachinsky just did nothing - he should have literally forced Brendan to plead guilty and get a plea deal and pin Steven to the wall, (screw the family) that way he would be looking at 8 years in prison and actually have some life worth living.

Instead, by entering a not guilty plea, the situation was a total loss, Brendan was going into a full trial fighting nothing other than his own words - his own confession, for a crime he was almost certainly involved in, in some capacity or another. In my opinion it was needless - because whilst Brendan was almost certainly involved, there was evidence to suggest that he was terrified of Steven, had been physically and sexually abused by him (along with other people) which would help advance the argument of exploitation, all of which might have added up to some heavy mitigation in combination with a plea deal and more details to nail Avery.

In short, I think Brendan was let down - that doesn't make him innocent, but I do think he got a bad deal, and deep down - I don't think he's a bad kid, I think he got involved in some bad ****.
 
Good post @Screeeech. :)

I know you feel you've spent too long on this now, so I'll keep my replies as short as possible.

lol you've written quite a lot there...

I've been laid up in bed for the last week so I've had some time on my hands! :o

1.>
At that time (March 1st), the cause of death - or the gunshot wound to the head weren't necessarily known about, along with the information Brendan provides around her being shot in the garage - they actually use the information from that interview (the gunshot to the head in the garage) to get a warrant to perform a thorough search of Steven Avery's garage - where they later discover the bullet fragment under his compressor.

I didn't realise this, thanks.

I knew that Eisenberg sent the skull fragments to a forensic pathologist (Dr. Jentzen) in November 2006, who confirmed that they showed evidence of a gunshot wound, but I assumed Eisenberg (and thus the wider team) had a hunch early on in the investigation and justed needed it confirming for the trial.

In that case, asking who shot her in the head was either a really lucky bluff by Weigert or further evidence towards a conspiracy, depending on your point of view. ;) I'm not drawing a conclusion either way.


2.>
But which is the most reasonable and likely explanation?

Put your yourself in the shoes of the Jury.

This is very true. I wasn't refuting the existence of a cut or denying that it's a reasonable explanation of how Steven's blood was found in the RAV4. It was more an example of 'details' from Brendan's transcript that changes almost every time the subject comes up. It's the old 'a broken clock is right twice a day' argument; say enough random things and at least something is likely to be true. Apply this to the rest of his transcripts, pick out the bits that align with the evidence and all of a sudden you have an iron-clad confession…

3.>
First of all - it's impossible to know exactly how much blood there would have been, a fatal stab wound can produce hardly any blood at all - or a victim can bleed out externally in 30 seconds, or it might be an internal haemorrhage, we just cannot say how much blood there should have been, so I think it's irrelevant to pursue that any further without knowing - all we can do is speculate.

For me, the amount of detail he provides (for someone of his intelligence) puts it beyond a reasonable doubt that he was there, was involved and crucially that Steven Avery was the main perpetrator. You also have to remember that he did admit to being there and did admit to taking part in the killing during a phone conversation with his own mother, so whilst people might argue the police coerced his confession (which I don't agree with) to also think he lied to his own mother in a phone call, is stretching it too far in my opinion.

I'll concede that it's impossible to know exactly how much blood there would have been, and the confession to his mother over the phone is damning.

4.>
I think relying on timelines is going to result in massive amounts of variation - essentially we're dealing with a bunch of total cretins in a junkyard who are barely educated at all, I'd be surprised if any of them actually knew or could remember the time, and I imagine a lot of times are just made up and are totally meaningless. Essentially - there's very little we can do to corroborate the times here, other than look at the phone records for then Steven called Teresa.

I also suspect (I can't prove it) that other members of the Avery and Dassey family were involved somehow, perhaps Bobby - but also others, it's just speculation on my part. Especially when you consider other people were in and around when this happened and nobody other than Steven and Brendan knew, (with the exception of eyewitnesses mentioning fires)

But again - if the competing theory is that everything was moved, evidence planted, everything faked to frame Avery - that would also need to be done without anybody seeing, which is to me is so unlikely it can be outright ruled out.

I've been thinking about this since my last post and the timeline could work if you use one of Brendan's earlier transcripts — where he says he just helped with the fire, saw the body and cleaned up the garage.

Steven could have killed Teresa between 15:00 and 15:45 — that's the only time when he's the only one there (assuming you ignore the affidavit that says Bobby saw her leave the Avery site).

Who knows…

In my mind, regardless of who said what first - it seems pretty clear, Brendan agrees with Fassbender that he opened the hood, when they swab the latch they find Avery's DNA (probably skin cells)

And again - what alternative theory is there to go with? that somebody planted Steven Avery's skin cells on the latch, along with all the other evidence, to frame him? It's too far out, too complicated, too risky - and the only people capable of pulling it off would be the police, as the level of forensic, technical and stealth expertise required, rules out the average person by a long shot.

It's one thing to poke holes in Brendan's statements, but there is no better alternative theory that makes sense, that explains what happened.

The 'swapped swab' theory is pretty plausible, if you subscribe to the conspiracy theory of course. ;)

In summary; snip.

A very good conclusion and I generally agree with much of what you said. :)

*edit* If you want a laugh, this website is about as CT as you're going to find on the subject. According to this guy, literally everyone is in on it. :D
 
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Yeah I think I came across that guy at some point lol

The Reddit threads are also equally insane, it’s almost as though people are bored and have far too much time to cook up all kinds of cockamaimie ideas, that require a total rejection of any sanity or level of realism.
 
Really ?

It's a bodge to keep a dangerous psycho behind bars ?

It's a desperate, last gasp deadend ploy by Zellner.

The appeal will fail, and the lawyers will make money, yippee.

Yeah, pretty much.

I did wonder how long it would be until Zellner found some procedural error buried deep in all of the proceedings, she could use to get an appeal.

Ultimately, any Jury presented with the actual evidence will find Steven Avery guilty, because that's what the evidence shows.

The other worry I have, considering the public interest in the case and the almost entirely fake conspiracy propagated by a Netflix documentary - would a second fair trial even be possible? How do you find jurors that haven't been unfairly influence by a conspiracy theory documentary, which intentionally misled its viewers on purpose, via bias and creative editing?
 
The other worry I have, considering the public interest in the case and the almost entirely fake conspiracy propagated by a Netflix documentary - would a second fair trial even be possible? How do you find jurors that haven't been unfairly influence by a conspiracy theory documentary, which intentionally misled its viewers on purpose, via bias and creative editing?

That's the problem - there are some proper die hard believers as a result of that documentary - see various reddit forums on the subject. Get some of them on the jury and the prosecution suddenly has a much tougher time - I think they'd have to exclude people who had seen the documentary, which given the interest in the local area, could be quite hard.

That is on the assumption that any retrial would be again heard in a local state or county court house right?
 
That's the problem - there are some proper die hard believers as a result of that documentary - see various reddit forums on the subject. Get some of them on the jury and the prosecution suddenly has a much tougher time - I think they'd have to exclude people who had seen the documentary, which given the interest in the local area, could be quite hard.

That is on the assumption that any retrial would be again heard in a local state or county court house right?

Could the defence push for a jury-less trial, all evidence put to a judge or judges, like Pistorius got ?

I wonder if that's an option in US jurisprudence.
 
Dunno, I suspect not. Surely if a trial without a jury was optional it would be up to the defendant to opt for that/waive any rights to a trial with a jury of his/her peers?
 
Yeah, pretty much.

I did wonder how long it would be until Zellner found some procedural error buried deep in all of the proceedings, she could use to get an appeal.

Ultimately, any Jury presented with the actual evidence will find Steven Avery guilty, because that's what the evidence shows.

The other worry I have, considering the public interest in the case and the almost entirely fake conspiracy propagated by a Netflix documentary - would a second fair trial even be possible? How do you find jurors that haven't been unfairly influence by a conspiracy theory documentary, which intentionally misled its viewers on purpose, via bias and creative editing?


You said you have never watched it. So how did you get your opinion?
 
That's the problem - there are some proper die hard believers as a result of that documentary - see various reddit forums on the subject. Get some of them on the jury and the prosecution suddenly has a much tougher time - I think they'd have to exclude people who had seen the documentary, which given the interest in the local area, could be quite hard.

That is on the assumption that any retrial would be again heard in a local state or county court house right?

Yeah I have no idea how they'd navigate bias if they decided on a new trial, it'll be interesting to see how anything can be done fairly now.

You said you have never watched it. So how did you get your opinion?

I watched season 1, I watched *some* of season 2 - but it was so rubbish and full of nonsense that I didn't finish it.

I got my opinion afterwards, from reading the case files and watching/reading the original testimony.
 
I got my opinion afterwards, from reading the case files and watching/reading the original testimony.


How do you know that the police\case files are telling the truth?
You don't.

The cop in charge has been already caught out lying in another case, before this one. ;)
 
I got my opinion afterwards, from reading the case files and watching/reading the original testimony.
It's funny how in one breath you can tar a whole documentary series, yet the only "evidence" you've got to go on is exactly the same available to the documentary makers. No wait, it's less because they've actually been out there, spoken to the people involved, filmed them, got to know them etc. Indeed, they know so much about the case and spent so many long hours researching it that they came out with a two-season documentary about it! :eek: I like the way people are so quick to judge the filmmakers, conveniently forgetting that they've probably spent years, in big research teams, with oversight from Netflix's lawyers etc. making the damn series.

But of course.. you read some stuff online so you must know better :rolleyes:
 
How do you know that the police\case files are telling the truth?
You don't.

The cop in charge has been already caught out lying in another case, before this one. ;)

Ok, so you want to talk about lies, Steven Avery certainly does like to tell lies, lets examine how his versions change - all of this is available in the case file;

http://www.stevenaverycase.org/exhibits/

1.>

Steven Avery, originally told investigators that Teresa Halbach never even turned up at this property, an Autotrader employee even provided a statement that Steven Avery called Autotrader to complain she didn't turn up. However - Allen Avery accidentally told investigators that she did show up, Steven Avery changes his story to match.

2.>

Once Avery changed his story, he originally told investigators that he saw her rav4 in his yard, then he changed it and said she came to his door, then he changed it a third time - and told them that she was actually in his trailer, when she handed him a receipt (the receipt was found in his trailer)

3>

Steven Avery originally told investigators that he hadn't had a bonfire for weeks. He then made a recorded prison phone call to Brendan Dassey's mother, telling her that he and Brendan did have a bonfire the night Teresa came over.

Have fun explaining those away.

All three are in the case files, some can be corroborated via the actual interviews themselves, the Jury saw them - however Netflix didn't want you to know any of this.
 
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