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Originally Posted by master3004
How about Dassey?
I've already discussed Dassey in detail previously ITT. His case is more complicated and mainly depends on interpretation of his confessions. From what I've read, I'm certain he's involved, though I'm not certain to what degree. Saying that, I can't necessarily say the jury's decision was wrong.
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Originally Posted by CCuster_911
I was mainly referring to your(it may have been someone else, if so sorry) justifcation as to why it was acceptable lenk was involved because he was one of the only evidence techs. That's just not acceptable. Any and all involvement by manitowoc personnel at the crime scene is bad and shouldn't be justified.
Regarding the involvement of MCSD, I agree: in hindsight it's easy to say they shouldn't have been involved at all, mainly for perception's sake. What you have to remember though is at the time there was a missing person investigation spanning hundreds of acres and thousands of cars needing to be searched. It required a lot of manpower, and MCSD was obviously the closest resource. When the investigation was put together, the focus was on finding a missing woman, not on making sure there was no conflict of interest in case Steven murdered someone. Also, no one is saying Lenk was the only evidence tech, but he was qualified, and they needed as many qualified evidence techs as they could use.
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I do agree that police misconduct shouldn't be an auto get out of jail free card, but the evidence should at a minimum have an asterisk that is well communicated to the jurors, or simply completely thrown out.
The issue I have with this is there isn't actually evidence of police misconduct. The evidence was discussed and given a big asterisk by the defense. Some of it was reasonably suspicious, such as the key. A lot of it was just completely baseless accusations by the defense (because it was their only option really). The jury ultimately decides whether those asterisks are warranted.
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I think you would be better served arguing for his guilt solely and avoiding arguing as defense that it was a fair trial.
I take issue with this as well. Let's say there
was police misconduct. That doesn't make the trial unfair. A new trial isn't going to change whatever happened in the investigation. There's no reason to believe the jury didn't weigh all the evidence against Steven, and all the speculation that said evidence was planted, in a fair manner. Just because they may have came to a different conclusion than you, doesn't mean the trial was unfair.
The only thing I've seen that might be evidence of an unfair trial imo is the allegations by the one juror saying they traded votes or whatever, but we don't really know the story there or if it's even true. I think investigating that is Zellner's best avenue. Regarding the recused juror and his "only 3 guilty on initial vote", he seems a bit unreliable (see Avery's appeal decision). Another juror claims the initial vote was only 3 not guilty. Another juror claims the initial vote didn't happen at all.
The defense chose Manitowoc jury, they chose to allow the sheriff's dad on the jury, they chose not to have a mistrial when the juror was recused. IMO it's because they thought this jury would buy their framing theory.
They also chose not to attempt to test the EDTA despite having ample time to do so (and the issue of the resources not being available to do so was BS imo) and tried to block the prosecution from doing so ("Because I don't trust the FBI at all and I think that they're gonna come up with some dishonest test" lol this is an actual quote).