Making a Murderer – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 RantCrush Top 5: November 18, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-november-18-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-november-18-2016/#respond Fri, 18 Nov 2016 17:32:55 +0000 http://lawstreetmedia.com/?p=57061

TGIF, have a dose of RC.

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Image courtesy of Angela George; License: (CC BY-SA 3.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

New Kids in Town?

Today, Donald Trump is expected to announce many of his picks for high-ranking positions in his new government. According to the rumors, he will name Michael Flynn as national security adviser, Representative Mike Pompeo as CIA director, and Senator Jeff Sessions as attorney general. The pick of Sessions is controversial, as he is known for his hard-line and very conservative views on immigration, same-sex marriage, and marijuana legislation. He was denied a position as a lifetime tenured federal judge in the 1980’s because of his views on race, an inappropriate joke about the KKK, and a series of other incidents.

Pompeo is a former Army officer and was a sharp critic of Hillary Clinton when the whole Benghazi saga was going on. Flynn is a registered Democrat, but he likes Russia a lot and does not like Islam at all. In February he tweeted that it is RATIONAL to be afraid of Muslims.

Rant Crush
RantCrush collects the top trending topics in the law and policy world each day just for you.

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Brendan Dassey from “Making a Murderer” Told To Remain Silent https://legacy.lawstreetmedia.com/blogs/entertainment-blog/brendan-dassey-making-murderer-told-remain-silent/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/brendan-dassey-making-murderer-told-remain-silent/#respond Thu, 18 Aug 2016 14:58:14 +0000 http://lawstreetmedia.com/?p=54935

What's next for the subjects of the popular Netflix documentary?

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"Perché non puoi non guardare Making a Murderer" courtsey of [Televisione Streaming via Flickr]

Brendan Dassey’s conviction was recently overturned. But Dassey, from the documentary series “Making a Murderer,” and his family were told to remain silent ahead of the new season of the show. The producers don’t want to risk information getting out beforehand, but also don’t want to risk Dassey’s release from prison in any way. His family and supporters are afraid he might have to spend several more years behind bars in case the state appeals the verdict and want him to keep a low profile. According to Express Online, his lawyers worry that the state will appeal and keep Dassey in jail during the whole process.

After the show aired, a lot of people became outraged over the seemingly unconstitutional way the case was handled. Many signed different petitions to free Steven Avery and Dassey and started campaigning for their exoneration. According to one of the most active campaigners, Shaun Attwood, the state and the original prosecutor will do everything they can to keep Brendan Dassey behind bars. He said:

This is not only a groundbreaking case in terms of the way it was handled but in the way the justice system is playing out. This is the first time a documentary like this has been able to expose major failings in the justice system.

He added, “The last thing they want is to destroy all of the hard work they’ve done by talking about it publicly.”

The series “Making a Murderer” that depicted the conviction of Dassey and his uncle, Avery, for the rape and murder of Teresa Halbach in October 2005 became incredibly popular last year. Many viewers believed it was clear early on that police officers persuaded Dassey, then only 16, to confess in exchange for prosecutorial leniency. The series showed how they basically put words in Dassey’s mouth during the interrogation and a passive Dassey afterwards asked if he could go back to class, not realizing the gravity of what he had just admitted to.

On Friday, Dassey’s murder conviction was overturned after a U.S. federal court found his interrogation to be unconstitutional. After spending over 10 years in prison he and his family, as well as outside supporters who learned about the case through the TV show, were jubilant.

But reactions have been mixed. TV anchor Nancy Grace, who originally covered the story, aired her anger and disgust with the verdict in an interview with a lawyer and the original prosecutor in the case. Grace stated that she still believes Dassey is guilty and that his conviction should stand. She also claimed that Dassey’s IQ of 70 is completely normal even though experts have called it “extremely low.”

Teresa Halbach’s former teacher told People that she was shocked to hear about Dassey’s overturned conviction. She said, “Everyone feels for Teresa […] She is the victim here.” She said she doesn’t think a TV show should be able to overturn things and that “they were tried and they were convicted, and end of story.”

At the same time, Steven Avery’s former lawyers Dean Strang and Jerry Buting were very pleased with the outcome. They said in a statement obtained by People:

Brendan’s statements were not only involuntary, they were completely contradicted by the lack of physical evidence. This shows the folly of coercing a statement from a vulnerable target. It also vindicates what we have said for years: that law enforcement in the Teresa Halbach investigation was willing to go to extreme lengths to convict Steven Avery, the only person they seriously considered to be a suspect.

State prosecutors now have 90 days to decide whether to appeal the verdict or release Brendan Dassey. Avery’s case is unchanged for now.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Are You an “American Crime Story” Fan? Check out Other Ways to Get your Fix https://legacy.lawstreetmedia.com/blogs/entertainment-blog/true-crime-series-finished-needs-title/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/true-crime-series-finished-needs-title/#respond Sun, 07 Feb 2016 17:33:04 +0000 http://lawstreetmedia.com/?p=50435

Here's how you can get your true crime fix this winter.

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"tv" courtesy of [Yon Garin via Flickr]

This week “American Crime Story: The People v. O.J. Simpson” finally premiered and it was everything you’d expect. There was Lifetime-esque drama, fabulous 90s outfits, and a glimpse at the Kardashian sisters we all know and love before they were transformed by reality fame.

For many young millennials this series will be the first time they experience the infamous murder case that captivated older generations, but this dramatized docuseries isn’t the only way to get your true crime fix this winter. Keep reading to discover some of the best true crime series out now, and why we’re watching each case:

For the Drama Obsessed: “The People vs. O.J. Simpson”

Before we move on in this list, let’s talk a little bit more about why you should set your DVRs to record FX’s “The People vs. O.J. Simpson” this winter.

The story itself is simple. A famous football quarterback is tried for killing his ex-wife and a waiter, and is acquitted, only to later be found liable in a civil case. However, the themes of the television show are what make it a standout success. Audiences will be mesmerized by how the intersections of fame, money, privilege, and race end up shaping the outcome of the case.

And if that wasn’t enough to convince you, the all-star cast surely will. Cuba Gooding Jr. proves that not only can he embody Dr. Ben Carson, but he makes for a pretty good O.J. too. There are also amazing performances from Sarah Paulson, who plays feminist prosecutor Marcia Clark, and David Schwimmer, as the late Robert Kardashian.

For the Conspiracy Theorist: “Making A Murderer”

We couldn’t make a true crime list without mentioning the Netflix cult favorite “Making a Murderer.” The Stephen Avery docuseries first premiered in December, and it didn’t take long before everyone was binge-watching it.

Avery was released from prison in 2003 after serving 18 years for a wrongful sexual assault conviction. Then in 2005 he sued the sheriff’s department and district attorney of Manitowoc County for damages. But right in the middle of depositions for the civil suit, Avery was arrested for the murder of a Wisconsin photographer named Teresa Halbach.

Sounds suspicious right?

Well prepare to keep picking your mouth up off the floor when watching this Netflix original, because the details of this case are jaw-dropping. What makes this series so spellbinding is that there’s no shortage of conspiracy theories as to who the actual killer maybe. Some people are dead set on believing that it was the police, and others are convinced it really was Avery. Watch for yourself and be the judge.

For the Podcast Virgin: “Serial”

Even if you hate podcasts, I promise you’ll love this one. Sarah Koenig’s “This American Life” spinoff “Serial” has revolutionized the defunct medium by addicting audiences to the 1999 murder of the Hae Min Lee.

After the 18-year-old Baltimore high school student’s strangled body was found, police were tipped off that her ex-boyfriend Adnan Syed was the killer. Syed was eventually convicted of first degree murder and is currently serving a 30-year prison sentence for her murder, however, to this day he still swears he’s innocent.

Syed’s lawyers are currently petitioning the court for a re-trial due based on the testimony of an alibi witness who was never called and who can place Syed in a library at the supposed time of the murder. It’s unclear what effect this new development will have, but in the meantime listen to “Serial” to learn more about Syed’s case.

For the Finale Lover: “The Jinx: The Life and Deaths of Robert Durst”

HBO’s documentary miniseries about accused murderer Robert Durst stands out on this list, because it has the finale that everyone is talking about.

Without spoiling the whole series, I can tell you that “The Jinx” investigates the suspicious unsolved 1982 disappearance of Durst’s wife Kathie, the 2000 killing of writer Susan Berman, and the 2001 death and of Durst’s neighbor Morris Black. All fingers pointed to Durst as the would-be killer, but the real estate heir remained a free man. Then, a day before the series finale was set to air, Durst was arrested on first-degree murder charges.

I call that one hell of an ending.

 

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Making a Confession: Police Interrogations and the Intellectually Disabled https://legacy.lawstreetmedia.com/blogs/entertainment-blog/making-confession-police-interrogations-intellectually-disabled/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/making-confession-police-interrogations-intellectually-disabled/#respond Tue, 12 Jan 2016 17:39:37 +0000 http://lawstreetmedia.com/?p=50010

"Making a Murderer" asks some important questions.

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Image courtesy of [Endemoniada via Flickr]

Netflix’s latest original documentary series “Making a Murderer,” follows Steven Avery: a supposedly wrongfully convicted man who spent 18 years in prison on a rape charge. He was exonerated based on DNA evidence, only to be found guilty, two years later, of rape and murder in another trial. But the series also revealed the complicated interrogation process of a intellectually disabled minor when police arrested Brendan Dassey, Steven Avery’s nephew, as an accomplice to sexual assault and murder. Dassey was a minor at the time of questioning and his IQ neared the range of intellectual disability; two factors garnering extra limitations to police during interrogations. Yet during law enforcement’s four hour interrogation of Brendan, no guardian or lawyer was present. Warning: there are spoilers ahead.

This interrogation was deeply problematic: a study published in The University of Chicago Law Review’s 2002 spring issue found that, when compared to non-handicapped persons, intellectually disabled individuals often did not understand their Miranda rights. Many also didn’t necessarily understand the context of an interrogation or the consequences of confessing to a crime. That last part applies to Dassey, who does not appear to understand the consequences of his words during his interrogation. For example, he asks a detective what time he will be returning to school after confessing that he assisted Steven Avery in the sexual assault and murder of Teresa Halbach, something mentally competent persons (as defined legally) should know would lead to their arrest.

When Dassey is at last allowed to speak to his mother, in private, he tells her he did not commit the crimes he confessed to. “They got to my head,” he tells his mother. While their conversation was recorded, it was not shown in Dassey’s trial. The prosecution only played his confession.

The problems don’t stop there–the recorded interrogation shows the police asking leading questions, not allowing Brendan to make original utterances. At the time of questioning, only the police knew the murder victim had been shot in the head. Detectives wait for Brendan to confess this fact as it would prove his guilt. Dassey never offers this information so the police directly ask him who shot the victim in the head. Specific questions like these can contaminate a confession and make it impossible to prove the validity of a suspect’s statement.

It is alarming to see allegedly coerced confessions because it means our justice system has a margin of error wide enough for innocent people to be convicted of murder. And it’s frightening to see detectives work to prove what they believe happened rather than uncovering the truth of a crime. If it happened to one person, it can happen to anyone. Maybe that’s one of the reasons that programs like “Making a Murderer” and “Serial” have become so compelling.

Watch an excerpt of the interrogation from the series below:

Unfortunately, Brendan Dassey is still in jail awaiting the court’s decision on his appeal for a new trial–who knows if he’ll get a second chance at justice.

Ruby Hutson-Ellenberg
Ruby Hutson-Ellenberg is a 2016 Hunter College graduate, where she majored in English with a concentration in Creative Writing. As a native New Yorker, Ruby loves going to the theater and writing plays, which have been particularly well received by her parents. Contact Ruby at staff@LawStreetMedia.com

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