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Week 4 [11.04 - 17.04] Making a Murderer


"Making a Murderer" is a fairly new and famous Netflix documentary series that had stirred some serious controversy and a backlash against the USA justice system. The 10 hour documentary was shot over a 10-year period and tells a story of a man battling the system after being wrongfully convicted. But that's just the beginning of the story.

Steve Avery was wrongfully convicted of sexual assault in 1985 even though there were some serious inaccuracies in his case. The police sketch was supposedly based on his photo rather than the victim's description and he was convicted despite the fact he had an alibi. In 1997 some new evidence surfaced but was disregarded by the police. Finally in 2003, after 18 years in prison he was ultimately released and exonerated when the DNA presented in the case matched another man.

After his release, Avery filed a lawsuit against the county and soon after he was accused of murdering a young woman. The documentary strongly pushes the opinion that once again he is not guilty and that he was framed particularly because of his lawsuit and the fight with the justice system. However the truth isn't 100% clear, and till the very end the movie makers wonder if he committed the second crime or not. The series shows a lot of the hearings and court videos of his trial.  The documentary implies that the county officials were partial to the case because they had participated in the first trial and so lacked objectivity, treating Avery viciously out of spite.


Here are just a few points for and against Steve Avery's case shown in the series:
  For:
- There was no blood in the house or garage where the victim was supposedly killed and really complex methods were used to analyze the crime scene
- the interrogation tapes show that the police officers strongly manipulated Avery's mentally impaired nephew to confess and to accuse Avery of very specific actions
- Avery's blood which was evidence in his first case, was tampered with and somebody clearly had access to it (The lawyer stated that it was planted in the victim's car and there were no prints or other traces in the car)
- Some evidence was found after a few months in plain sight (supposedly planted)
  Against:
- The woman's car and charred bone fragments were found on Avery’s salvage yard
- His nephew confessed to helping kill the woman and described the act
- Avery had an illegal gun in his possession


Some facts that the documentary overlooked (mostly for people who watched the series):
- Steve Avery’s girlfriend, who defended him in the documentary, recently came out and confessed that he was very violent and abused her
- The victim, who was a journalist (photographed old cars) didn't want to go to his property and reported prior incidents of indecent behaviour by Avery
- He abused animals as a child
- When first convicted, he confessed to his cellmate to having some weird fantasies about building a torture chamber after his release
- The bullet that killed the young woman matched his gun
- Avery never exhibited any feelings about his young, mentally impaired nephew going to jail

As I mentioned, the documentary caused a lot of controversy and even started a petition "Free Steven Avery" and at this point stands at 522,668 supporters. Avery is also in the middle of his appeal right now. So what is your opinion? If you are curious about any details and don't have 10 hours to spare I will gladly share more information in the comments. The series fantastically shows how the US legal system is built and how a single individual is vulnerable against it without well-paid lawyers.

Comments

Pat said…
The case is really interesting - I've heard of some wrongfully accused people and in my opinion it's a very hard situation, both for the accused (how devastating must it be, to waste several years of your life in prison for the crime you didn't commit?), but also for the judgement system (how to explain such a mistake, and how to compensate it?).

As to the petition - to be honest, I believe that watching the documentary is not enough to judge whether Avery's guilty or not. I don't think that 'regular' people should have a deciding vote on that subject. I feel that the petition should call for a fair and objective investigation, not impose his innocence.
Unknown said…
This man spent 18 years in prison for the crime he didn't commit and the state did everything to cover their mistake while he was still in prison and really fought to don't pay him a well-deserved retribution. After the second case started he only got a small amount of money and agreed just because he needed money for lawyers.

One of the things I find to be so interesting is that this documentary caused such a backlash and it actually started a new appeal in the case. Especially because the documentary didn't contain all the evidence and was a bit biased.
It is really stupid to start petition after watching documentary. It obvious that creators have their point of view, and they will be trying to convince viewers that they are right. Also as a director I would make it as controversial as possible so more people would watch it. This particular case look very suspicious. But I think it is up to judges to decide who is wrong and who is right. Surely it would bo not first, nor last case where Police hands wasn't white clean. They are just people, they are doing their work.
Well, the justice system in one big bullshit. First of all it takes ages to start the trail and so many years and meetings to finally achieve something. Secondly I don’t believe in real honesty of judges, I know from my personal life multiple situations where somehow trail was won by people who definitely should fail. Definitely more important are money and knowing the right people. What is more after failing trial who have almost no chance to prove your rights. As it was in the above case it took 18 years to prove that the guy was not guilty.
Unknown said…
I'm not really sure if the makers wanted the series to be that controversial per say but by showing that the man is not guilty they roused people to take action. In my opinion the makers where a bit biased and I find it to be interesting that people acted so strongly without knowing the whole story.

On the other hand there were some serious inaccuracies in police's work and I think they should be held accountable for their actions just like every other citizen or even have more strict regulations. After all they promise to uphold the law and there should be serious repercussions if they break it.
Unknown said…
I actually would love to know more about how the jury works in US. I talked to people who took part in trails as a member of the jury but I never fully understood the whole role of them in the justice system.

It actually took 12 years for the new evidence to surface but the police didn't file the report about new evidence for 6 years.
Unknown said…
It sounds really interesting :) But it is hard to me to say whether he might be guilty or not :( I can only say, that I feel sorry for him for spending so much time in jail, and ruining his life, but only if he is innocent :D
Unknown said…
I recommend watching the show. The only thing that we can be certain of at this point is that he didn't commit the first crime and he served 18 years in prison even though he was innocent. It makes me wonder if the second crime would have ever happened (assuming he actually murdered the girl) if he had a chance to live a normal life without the long and unjust sentence. The prison life and entrapment for such a long time has to have an effect on the psyche.
Unknown said…
This is a good point, if he was not guilty and he wasted 18 years of life in a prison, where he was hanging out with really bad guys it wouldn't be a surprise if he really committed this crime... I wonder if the government ensured him any psychologist or any "psychic" treatment, because he must have been quite devastated... It all sounds so unfair, I really feel sorry for him...
Unknown said…
That's exactly why the show is called "Making a Murderer" because the makers wonder if the prison time has changed him into a murderer.

They is no mention of him getting any kind of therapy and I doubt it if he could afford it on his own. Further more I'm not sure if the state would provide it either. Even before the second crime took place (he was out of prison for about 2 years) the state treated him unfairly and fought very strongly against giving him any retribution money and denied any mistakes they had made to convict him in 1985.
Michał Pycek said…
I agree with the opinion that it is straight forward to create a petition based on a documentary. Obviously documentaries are supposed to be objective, but we all are aware that most of the times they tend to exaggerate and adjust to one specific point of view, while leaving the audience with an imposed perspective. Recently, I have watched a movie called "Bernie", which was a movie based on facts, where the killer of an old, bossy lady, was a respected, kind, loving and friendly, calm men, who everybody in the village loved, even though they new about the murder. He was also sentenced which led to a petition as well, because the people who knew him, have testified that he was a helping, caring friend to everyone and that the lady deserved the death. Such movies show how difficult it is to judge somebody, therefore it should be an objective and not related party, as courthouse.
Unknown said…
I find it to be really interesting that people are so prone to action without having the whole picture and all the information. There actually is a new appeal in this case as a clear result of the documentary.

It sounds like an interesting movie and case. But I don't really understand how him being "nice" and all exonerates him of the murder in any way. I'll surely give it a watch.
Unknown said…
It's absolutely horrible that proving him not guilty of the first crime took so long. I often wonder what goes on in the heads of those wrongly accused and doing their sentences for crimes they didn't commit. Actually I wouldn't be very surprised if the time spent in prison actually made him capable of committing the second crime, but it's hard for me to judge.
Unknown said…
A few studies that have been done estimate that between 2.3% and 5% of all prisoners in the U.S. are innocent. If just 1% of all prisoners are innocent, that would mean that more than 20,000 innocent people are in prison.

The Innocence Project acts on behalf of those wrongfully convicted and you can read more about similar cases on their website.

I also recommend a book about a man who spend 25 years in prison for a murder he didn't commit. "(...)before DNA evidence was brought to light that would ultimately set him free. The evidence had been collected only days after the murder—but was never investigated."
Getting Life: An Innocent Man’s 25-Year Journey from Prison to Peace
I think that was very hard case for people who was in jury. I don't think so that I would like to ever be so responsible for someone's life. Especially if there was so many controversy - you can simply destroy someone's life if you judge him wrong.
I think that I watch this documentary soon and form my opinion about this case. Your article make me very interesting of it :)
Unknown said…
Oh, I even watched one episode of this series month ago but it didn't appeal to me. Maybe it's worth giving one more try... Anyway from what I know there were many such cases in USA - wrongly accused and convicted person being released after many years, but most of them ended up with financial compensation. This is something different, and the second crime case makes it even more interesting. For me the biggest question is - would the USD department of justice risk accusing wrong person for murder just to stop him from getting compensation? Sounds at least questionable.
Unknown said…
From what I've heard it's fairly easy to get out of jury duty. You just simply have to act as you couldn't be objective because of your convictions or whatever. Most people don't want to deal with the emotional burden and furthermore simply don't want to spend so much time in a trial (even though you get to leave work when the hearings take place) which in case of criminal trials can last long months. So I think that at least some of the people who end up in the jury often truly want to be there for some reason.

I'm glad you developed an interest in the show :)
Unknown said…
I really enjoyed the documentary, however it was really focused on showing how Avery was innocent. Main prosecutor on his case hit a solid rockbottom lately and it caused him losing his job.

http://radaronline.com/celebrity-news/making-a-murderer-prosecutor-sext-scandal-ken-kratz-addiction-creepy-behavior/

After Making a murderer was aired Kratz recieved multiple bomb and death threats, I recommend watching this interview with Kratz as it shows how can person (change?) after such an event

https://www.youtube.com/watch?v=H-jF2Q3wjFE
Unknown said…
It's true that there are similar cases in the US. I don't want to repost it so recommend you read my answer to Aleksandra and check out the Innocence program.

The police investigators were asked about that in the documentary and their answer was pretty creepy... They pretty much said "Why would we frame him if we could simply kill him?" However some of the evidence was probably really planted and it was proven in court that the blood vile in police custody was opened illegally and someone put the needle through the plug which obviously isn't the proper way.
Unknown said…
You are right and that's why I find the overlooked facts to be so interesting. Thanks for great links!
Unknown said…
I've heard of similar cases, it's shocking that someone innocent could spend so much time in prison for crime he didn't commit...Bad judicial system or someone mistake in judgment can almost ruin someone's whole life...
Svitlana Bilan said…
I haven't seen the documentary yet, however, this particular case is a bright representation of two different points of views. According to the facts that were represented, it is an example how the journalists are able to play with public opinion. They have just to avoid few facts to make Avery seem as an innocent who became a victim of ruthless mistake of the US judicial system, or as a criminal, who only tries to look as an innocent person and should be imprisoned at all costs.
It is pretty difficult to build your own opinion on this particular case as there is no chance we will be able to know all the details and our opinion was not manipulated by the lack of information or information that was given under another angle.
For me the case of Avery interesting not in terms of crime-punishment and things like that, but more in terms of the way how information could change public opinion.
Moode said…
I think this is the worst thing could happen to someone to get punished for something he didn't commit.
The story seems to be very interesting, and i am going to start watching the documentary on NETFLIX.
But overall about the points that You mentioned that is for and against him
it really seems to me that You cant trust someone that have an illegal gun.
The thing that got me thinking was the first imprisonment of Steve Avery. 18 years in jail for sexual assault seems long (compared to similar sentences in other countries). I'm not 100% sure, but I think in Poland it would be less than that. But the most important thing is: why the hell they realeased him after 18 years when they clearly had DNA sample, which doesn't match him?

Also from what I read here, his time in jail could easily contribute to worsening his mental state, which could trigger him to murder someone.
Unknown said…
For a country that jails more inmates than Peoples Republic of China while having quarter of China population, it seems plausible to put someone behind bars after flawed trial. As for his sentence I am not going to take a stand. It's a 30 years old case with many pieces apparently missing and strong convictions of both his guilt and innocence. As for documentary itself... It's Netflix, and the standard account costs something like 50 PLN a month. So just for "Making a Murderer" it's a bit costly. Although if I decide to try Netflix out, I actually could check it out.
Unknown said…
I don't think that helps him but you have to remember that people in US have easy access to guns and it's not uncommon to have unregistered firearm especially in the poorer areas.
Unknown said…
I think what Svitlana said is very interesting. There is no objective truth here; opinions are shaped by many different factors. In this case, media such as tv are probably the most influential as they broadcast to the biggest audience. The way the documentary is written and edited will influence the viewers in the way the creators intended.That's why tv is such a powerful tool of manipulation. Just as an attorney will try to influence the jury, tv is trying to influence its viewers.
We become judges, for instant voting in various talent shows and other tv programmes, and we're gaining more and more power. In this case, the documentary in question started a petition to free Steve Avery and a new appeal. Who knows what the future will bring? Maybe we'll be able to vote during trials as we do during tv programmes... There's a fantastic tv series called Black Mirror, in which such themes are explored and it's actually rather scary.
Unknown said…
Thank you for a very nice comment! That's exactly the point I wanted to show in my article. The documentary was great and the story is really interesting and I still recommend it to all but without all the information it shows that it's way more likely that he is innocent. As you mentioned it's really interesting how information could change public opinion.
Unknown said…
I agree that Svitlana's comment was great and that kind of the point I wanted to show in my article ;)
Unknown said…
I think you can share Netflix with other people and then split the bill in between yourselves. There are accounts for up to 4 people and it can be used on different computers in the same time. Furthermore you can always find on the Internet for free, at least for now ;)
Unknown said…
Actually DNA testing was first developed and used in 1985 which is the same year the assault happened. So it took time before the tests were in the wider use, furthermore in the early days of the use of DNA testing as criminal evidence juries were often swayed by weird statistical arguments of defense lawyers. I assume that the DNA wasn't even tested when he was first accused.

You can read more here
Unknown said…
Well, it’s a really complexed case. Many people are convicted unfairly every year but charred bone and matching bullet are hard evidenced. I don’t know the whole case but it’s very suspicious.
Unknown said…
I think I heard about Avery. This case became so controversial because it shows how some situations are impossible to judge with a set law system. Not every crime can be fitted to a set scheme - no matter how broad, advanced and complicated it is. We can use the evidence to form an opinion about Avery but is it enough to determine if he is guilty or not? The law is not perfect and there always will be innocent people in prisons, it all boils down to the question - do we believe that those rare situations when we imprison innocent can be justified by the amount of actual criminals that get jailed. There's a really interesting movie that touches on the subject of innocent imprisonment (it's about capital punishment - the death sentence) called The Life of David Gale

https://en.wikipedia.org/wiki/The_Life_of_David_Gale
Marcin Konarski said…
I have and I always had real doubts about the jury in justice systems. I can observe even know the fight in USA about judges from different political parties and how every president try to change them. I know that people are lying, that it is hard to find evidences, that someone might think about all possible paths and really made great plan. All of this makes finding out the truth really hard, but I know how many people work on finding out the truth. Investigators, detectives, police, justice system workers - there is so many people. And after all sessions, solicitors, witnesses and materials still someone makes mistakes to judge erroneously and it takes years of hard work and big finances to prove them they were wrong.
OlaScislewska said…
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OlaScislewska said…
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OlaScislewska said…
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OlaScislewska said…
I have to admit that case is really interasting. I have no idea what to think about Steve Avery and i ll not even try to judge him. I hope US legal system works properly and is based on justice. Some cases are hard to assess even for experienced judges and this is the most frightening in this story. If Avery was innocent in first case and he spent 18years in prison unwarrantably then we can conclude that prison and criminal environment corrupted him what caused next crime.

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