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Making a Murderer Making a Murderer

02-03-2016 , 04:27 PM
Quote:
Originally Posted by revots33
Fact: victim's bones found in his yard
Fact: victim's car found on his property
Fact: suspect's blood found in the car
Fact: suspect's DNA found on the car
Fact: victim's key found in suspect's home
Fact: Bullet with DNA matching victim found in suspect's garage

Speculation: Police or someone else planted the bones
Speculation: Police or someone else parked the victim's car on suspect's property
Speculation: Police or someone else planted the key
Speculation: Police or someone else planted the bullet
Speculation: Police or someone else planted the DNA
Speculation: Police or someone else planted the blood

Luckily the jurors decided to focus on facts.

In terms of a fair legal system... if we have juries that start making their decision based on random unfounded speculation, the entire system falls apart. Of course any speculation can be considered "possible". That is why we have the concept of "reasonable doubt".
Can you do a fact and speculation list on SA's first case?
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02-03-2016 , 04:29 PM
Quote:
Originally Posted by AngerPush
Nothing convinced my friends. Some went from 50/50 to 80/20, or 30/70 to 60/40. Again, there is no smoking gun that was left out. It was more that the doc was so slanted that after doing some simple research, people realize that there is a lot of shady/awful things about SA that were never mentioned in the doc or were downplayed. That's the heart of what I'm saying. The background of it.

There are other "circumstantial" type items that were either downplayed or not mentioned such as the DNA under the hood, the items of TH's found in or near the burn pile, SA's phone calls to TH, etc etc.

When I'm talking about a percentage, please realize that 80% = not guilty beyond a reasonable doubt. 80% could mean "Yeah, if I were betting on it, I think he probably did it, but there's no slam-dunk evidence, that's just the probability I would put on it, and that probability was 50% after the doc."

Do you get it now? I feel I've repeated myself a bunch. There is a minutiae of evidence that can be interpreted in many different ways that the doc simply didn't have time to address even if those behind it wanted to.

I don't think anyone really believe SA was given a fair trial. Maybe 1 or 2, but even if there's the smallest bit of corruption by the police/judges/prosecutors, then you can say technically he didn't receive a fair trial. We are past that. We should honestly be past that discussion.
I asked the question correctly the first time and you ignored it. Subsequent statements have been in shorthand because I was on my phone.

The question remains, what changed the percentages? You claimed you spoke with a number of your friends and were confident that the confidence level in their opinion moved substantially (towards SA doing it). As stated by you, this was a result of doing outside research.

Again, I simply ask what outside research caused this shift? If you don't know, then you don't know. I guess it did not occur to you to ask during these conversations. I guess we will take your word for it.
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02-03-2016 , 04:37 PM
Quote:
Originally Posted by AngerPush

I don't think anyone really believe SA was given a fair trial. Maybe 1 or 2, but even if there's the smallest bit of corruption by the police/judges/prosecutors, then you can say technically he didn't receive a fair trial. We are past that. We should honestly be past that discussion.
Not really. If we agree the trial was unfair, there is no value in arguing the case based on what happened in that trial. The whole process is in error and the contents must be discarded.

If you want to speculate, that is fine and it is interesting (and I understand that you have been very careful to state whatever opinions you have are based on "x", "y" and "z" and that you believe it is futile to really opine as to whether SA actually killed TH and I commend you for it - that is very reasonable). If, instead, you want to come in here and say you know he is innocent or that he actually killed her (which you are not doing) I think that is silly.

Yet, with that given, if people wish to undertake such futile endeavors, that is their choice. I believe it is entirely reasonable to comment on the quality and competency of their arguments. Thus far, I have not been shy in stating those trying to convince the rest of us that SA actually killed TH are doing an extraordinary poor job. Those arguing the other way are doing a much better job in comparison, but for what it is worth, they will not sway my opinion because we still need a proper trial. Once that is done, we will have all the facts before us and we can analyze the matter within that context (with the understanding that if someone wishes to rely on something outside of the trial, they will bear a significant burden of showing why it should be considered, etc.).
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02-03-2016 , 04:37 PM
Quote:
Originally Posted by housenuts
I dont want to buy into this theory at all...



but this is dark green?



If this theory has any legs, I'm confused how it was not discussed earlier.
I mentioned before that pictures are not very reliable about color. Because of différents camera lightning and possibly filters . I think I remember some pic where the car look green
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02-03-2016 , 04:39 PM
Quote:
Originally Posted by eddymitchel
Maybe you did and i didnt see it because of the spam from some people here.
Sorry if you thought i attaqued you but i think it s a way more important point than him beeing 80% guilty only since i dont think it s something people should really focus on since noone really have proper information to really say if it s 20% or 80%.
Yes, he answered it, and he has been consistent in stating his belief is that the trial was not proper, but based on a number of factors, SA is certainly in the picture if not the primary suspect (if that is not the case, please correct me). That is a very reasonable position.
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02-03-2016 , 04:43 PM
Quote:
Originally Posted by Oski
Instead of "aliens" I like Kranz' statement that "well, an elephant can walk through the back door, too. That doesn't mean it is likely."

In a vacuum, that statement is correct. However based on the bigger picture, I think it would be reasonable to conclude that it is unlikely an elephant would walk into someone's house, but at least we can conclude one was spotted in the neighborhood.

Some people take it as far as stating it is clear elephants do not exist; others believe the elephant walked through the door. Most are simply acknowledging that whether an elephant walked through the door, is no longer an absurd proposition on these fact, but perhaps a reasonable possibility - and that is all.
To elaborate on this analogy you chose:

I agree that an elephant in the neighborhood makes it possible an elephant walked through the door.

However, a reasonable person would also expect to see some evidence such as a broken door or a trashed foyer before they could reasonably believe that an elephant walking through the door isn't an absurd proposition.
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02-03-2016 , 04:45 PM
Quote:
Originally Posted by CCuster_911
Full of what? You make no sense.

There is 0% chance you don't think SA is innocent, your written stance of not being proven guilty is fine but it's incredibly obvious where you stand. But the problem is you are singing the tune that you are being impartial but you are not.

But if you took a stance itt your glass throne would be weakened and that's how you get your jollys off.
Again, I asked you to provide something to back up your claim and you admit you don't have anything.

Your are arguing from your "feelings." It is not my problem that you generally fail at whatever goal you have while posting in threads. I understand you "feel" bad that others do not share your problem.

Maybe these types of discussions are not for you. Maybe you should start a poll in OOT about what you should have for lunch.
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02-03-2016 , 04:47 PM
Quote:
Originally Posted by fraleyight
As a civil lawyer you are apparently unfamiliar with criminal trials because a lot of criminal trials are tried on circumstantial evidence.. Especially murder trials.. And it isn't exactly uncommon that a murder trial occurs without the body ever being found.

I think it is almost unreasonable and impossible to expect every murderer to have as much evidence as you are suggesting. If that were the case, we would have very few murderers in prison and a lot walking the streets free.
Again, is it the English you are having trouble with?

You proposed a proposition where a conviction would be sought on one fact. As I correctly pointed out, you need more than that. You have to actually establish there was a murder (in the case of a murder case). Here, you do have the body, but if you don't mention it, you don't have enough.

Your proposal is to have one and only one exhibit: Blood stain on car.

That is not enough.

Stop being ******ed and get with the program.
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02-03-2016 , 04:51 PM
Quote:
Originally Posted by Oski
I asked the question correctly the first time and you ignored it. Subsequent statements have been in shorthand because I was on my phone.

The question remains, what changed the percentages? You claimed you spoke with a number of your friends and were confident that the confidence level in their opinion moved substantially (towards SA doing it). As stated by you, this was a result of doing outside research.

Again, I simply ask what outside research caused this shift? If you don't know, then you don't know. I guess it did not occur to you to ask during these conversations. I guess we will take your word for it.
Here's one person's opinion (from reddit) that also describes some of my issues with the show:

Quote:
When I watched MaM, I came away feeling nauseous that a second injustice may have occurred to SA. Before I did anything, I investigated to see how "truthful" the documentary and the defense had been, or if most of the things important to me were merely "spin".

The FBI pulled the EDTA test out of their @$$ in a few weeks.
The protocol had been thoroughly analyzed and published in 1997 after the OJ fiasco. I found this paper online in 5-10 minutes. Lebeau re-validated the protocol on the instrument configuration prior to testing samples for the trial. In other words, he used the 1997 protocol, he didn't invent it quickly.

The key was only found on the seventh thorough search of Avery's trailer.
Four of the seven were either a quick visual (5-10 minutes) for TH/TH's body, or were specifically to retrieve specific items (again, very brief). One was for the forensics team specifically looking for blood stains using luminol and lights. There were only TWO thorough searches of the trailer, the first one terminated at 10:30 pm Saturday night. The appeals court ruled the second search a continuation of the first, no different than if it had resumed the very next morning.
Regardless, saying it took SEVEN searches to find the key is deceptive at best.

SA would have crushed the RAV4 to hide it's existence.
I believed this until I researched car crushing. It takes hours to prep a car, draining gas and fluids, removing the engine/transmission and tires. Plus, it's loud and at night requires lights, at the very least on the fork lift to put the car in the crusher. Had SA ran the crusher the night TH disappeared, the whole family would have known, and likely asked questions about the fairly new RAV4 sitting on the crush pile that no family member had seen before. Using the crusher that night would have called attention to the crime.

There was evidence that the burn barrel was used to move burnt remains. The body was probably burned in the gravel quarry.
To me, the testimony and evidence were pretty conclusive that the body was burned in the burn pit and some portions, perhaps some not sufficiently cremated in the burn pit, were moved to the burn barrel for further incineration. The two gravel quarry fragments were not conclusively identified as human, only as "consistent with human", and were found with a pile of burned and un-burned conclusively identified deer and animal bones. One of those two fragments had a straight "saw" mark which is consistent with field dressing a large, heavy-boned deer. The state's argument that small items like jean rivets were only found in the burn pit sealed the deal for me.

The false rape conviction sent an innocent man to prison for the first time."
Avery was out on bail for the Morris endangerment charge when the rape occurred. He was convicted (his statement equated to a confession) and sentenced to 6 years in prison. THAT 6 years was concurrent with the first part of the false rape conviction. The investigation of the rape and his conviction were horrible miscarriages of justice and against everything decent... however, it did not "send him to prison", he was already going for a 6 year sentence for a crime he committed AND admitted committing. This does not in anyway make the additional 12 years he spent in prison "ok" or any less a travesty of justice, but he did not enter prison an "innocent" man.

Colborn and Lenk had strong motive to setup SA. They were deeply involved in the lawsuit.
Colborn was a corrections officer, a jailer not a law enforcement officer, at the time of the phone call. And, he was a jailer at a decent sized jail (currently 180-190 prisoners), so answering the phones would seem like the most menial job for the lowest rung on the ladder. That he took call information from a detective directly to the sherriff, skipping many layers of hierarchy, just isn't credible to me. That he transferred the call, as he testified, is credible to me. Lenk helped him document his statement 8 years after the fact. They both gave sworn depositions to these facts. None of these seem to me to be motive not only to frame SA, but to knowingly allow the real killer to escape justice. Possible? Sure, cop's sometimes frame people for little reason, or to "help the wheel's of justice" crap, but strong overwhelming motive... that is a long, long stretch with zero supporting evidence or testimony.

That FBI guy, Lebeau is a total boob who made an absolutely absurd statement about "scientific certainty".
That question and answer sequence DID NOT OCCUR. It was spliced together by MaM. His actual answer was:
2 A. I am willing to -- to conclude that.
3 Q. Oh, you are?
4 A. Yes, sir. If I can elaborate.
5 Q. Well, no, let me finish my -- my question...
Wait! What? WTF? Totally made up interaction by MaM.

And, I could continue ad naseum...
Everything that shocked my conscience from the MaM documentary, that I then researched or read the actual testimony, likewise crumbled to dust in my opinion. I understand that others may not see it that way and are quite entitled to their opinion. One argument not from MaM but that I hear often is...
"The complexity of a frame-up is just too complex so I don't believe that happened, but even so, there wasn't enough evidence to convict."
I would disagree, but that's opinion and everyone is entitled to theirs. What is not opinion is that the defense used frame-up (and possibly third-person alternative at the end) as their theory of defense. In order to use these defenses, known as affirmative defenses, the defense de facto admits, or affirms, that there is sufficient evidence to convict, but that is only so because of the frame-up. In other words, if you disbelieve the frame-up beyond a reasonable doubt, then the defense essentially plead guilty, or at minumum, Alford (no contest). To say there wasn't enough evidence to convict is to literally contradict the defense.
So, contrary to the OP's statements, I have arrived where I am by investigating what MaM presented and found it to be, at best, smoke and mirrors. THAT is what has led me to the conclusion that Steven Avery is exactly where he deserves to be for exactly to the correct reason (i.e. IMO, he's guilty beyond a reasonable doubt in the murder of Teresa Halbach).
I'm not going to argue about it with you or anyone, just presenting what I think you're asking for.
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02-03-2016 , 04:53 PM
Quote:
Originally Posted by PoorSkillz
To elaborate on this analogy you chose:



I agree that an elephant in the neighborhood makes it possible an elephant walked through the door.



However, a reasonable person would also expect to see some evidence such as a broken door or a trashed foyer before they could reasonably believe that an elephant walking through the door isn't an absurd proposition.

Or maybe just like a few cops that didn't need to be there in the first place, not only being there, but specifically volunteering to search the trailer.

Sorry, elephants, not cops.
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02-03-2016 , 05:02 PM
Quote:
The key was only found on the seventh thorough search of Avery's trailer.
Four of the seven were either a quick visual (5-10 minutes) for TH/TH's body, or were specifically to retrieve specific items (again, very brief). One was for the forensics team specifically looking for blood stains using luminol and lights. There were only TWO thorough searches of the trailer, the first one terminated at 10:30 pm Saturday night. The appeals court ruled the second search a continuation of the first, no different than if it had resumed the very next morning.
Regardless, saying it took SEVEN searches to find the key is deceptive at best.
Ok, lets replace 7th with 4 hours.
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02-03-2016 , 05:03 PM
Quote:
Originally Posted by EfromPegTown
Or maybe just like a few cops that didn't need to be there in the first place, not only being there, but specifically volunteering to search the trailer.

Sorry, elephants, not cops.
Yes, that is the elephant in the neighborhood part. Now where's the evidence that the elephant was in the room?

It's also funny that so much attention is focused on the key, one of the lesser pieces of evidence. This is purposeful. If the key was the key to the case, then it would matter a lot more. Unfortunately, the key was really the only piece of evidence the defense could shine some truly reasonable doubt on. As Kratz even says in the closing statements, "Forget about the ****ing key, we have a boatload more evidence" (paraphrasing).
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02-03-2016 , 05:04 PM
Quote:
Originally Posted by CCuster_911
All evidence discovered/handeled by the person(s) who planted the key would basically be questionable.
This is a very good point. It really hits the nail on the head.

It IS questionable, but under our jury system, that is for the jury to decide. In this case, the jury overlooked any potential impropriety and accepted the evidence. If the procedure was correct (for example, if the evidence was properly admitted over objection) under our system, we must accept the jury's findings.

That is a fact. This is where people misinterpret the documentary. The doc. is saying (at least on this particular point) - look, this is how it works, but is it actually fair?

The documentary simply states that even if this trial is procedurally correct (and they really do not have the capacity to make the case otherwise) is the process fair? The documentary's position is that it is NOT fair.

I start with the premise that the trial was procedurally correct - but only on a technicality: whatever errors in the process were waived by SA when he chose to not pursue a mistrial (and I believe there is a healthy debate over whether one or more substantive errors were present in the proceedings with me agreeing with the doc. that there was). That was his choice - but the real issue is, even though it was SA's choice NOT to move for mistrial, were the circumstances he faced in making that decision FAIR?

Here, the decision came down to finances. As Dean stated, a retrial would be beyond SA's financial capabilities. He would run the risk of having a public defender handle the re-trial. Given the performance of Lou and others, how much confidence could SA have in that option? Meanwhile, the State has unlimited resources (at least in comparison to SA) and have enough juice to move the FBI (for example) to run a test for them on short notice.

Again, what type of decision could SA really make? Take the chance that his current attorneys were persuasive enough not withstanding the errors with the process or have a do-over with much less competent (presumably) public defenders?

Is that fair? It is the system, it usually works, but is it fair here? Can this system that depends so much on financial resources for a proper defense be FAIR for people with little means?

I think the answer is "no," it is unfair. Whether one wants to believe the problems are bigger than this, is left to the individual viewer. At least in this case, the only reasonable conclusion is that in THIS small town, with entrenched LE and strong social bias among the community, can SA, a poor outcast, receive a fair shake? You have to answer "No."

So, the bigger question is really about given this problem, do we care enough to change the system? Are we okay with allowing these types of cases to happen knowing it is not really a danger to most of us? Are we okay with having the justice system serve the majority at the expense of the poor and socially unconnected?

That is your personal choice. If you believe it is not fair, then the discussion should be about what can be done and whether it can be done.

The story of SA and whether he actually killed TH is just collateral to the bigger points of the show.

Last edited by Oski; 02-03-2016 at 05:21 PM.
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02-03-2016 , 05:05 PM
Did they actually find the handcuffs and leg irons, and if so where were they.
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02-03-2016 , 05:06 PM
Quote:
Originally Posted by PoorSkillz
Yes, that is the elephant in the neighborhood part. Now where's the evidence that the elephant was in the room?

It's also funny that so much attention is focused on the key, one of the lesser pieces of evidence. This is purposeful. If the key was the key to the case, then it would matter a lot more. Unfortunately, the key was really the only piece of evidence the defense could shine some truly reasonable doubt on. As Kratz even says in the closing statements, "Forget about the ****ing key, we have a boatload more evidence" (paraphrasing).
Can you read? Can you just pull your head out of your butt for two minutes to actually think beyond whatever perverse, cop-loving agenda you have?

I have not advocated for one second that "the elephant is in the room." I have specifically stated that is a futile endeavor. On the other hand, you take the position elephants do not even exist even though there have been multiple sightings in the neighborhood.
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02-03-2016 , 05:09 PM
Quote:
Originally Posted by PoorSkillz
To elaborate on this analogy you chose:

I agree that an elephant in the neighborhood makes it possible an elephant walked through the door.

However, a reasonable person would also expect to see some evidence such as a broken door or a trashed foyer before they could reasonably believe that an elephant walking through the door isn't an absurd proposition.
Just as a reasonable person would not deny that elephants exist.

As for me, to make it very clear to you, I merely state my opinion that the elephant is in the neighborhood (and probably reading the trial transcripts).
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02-03-2016 , 05:09 PM
Quote:
Originally Posted by Oski
This is a very good point. It really hits the nail on the head.

It IS questionable, but under our jury system, that is for the jury to decide. In this case, the jury overlooked any potential impropriety and accepted the evidence. If the procedure was correct (for example, if the evidence was properly admitted over objection) under our system, we must accept the jury's findings.

That is a fact. This is where people misinterpret the documentary. The doc. is saying (at least on this particular point) - look, this is how it works, but is it actually fair?

The documentary simply states that even if this trial is procedurally correct (and they really do not have the capacity to make the case otherwise) is the process fair? The documentary's position is that it is NOT fair.

I start with the premise that the trial was procedurally correct - but only on a technicality: whatever errors in the process were waived by SA when he chose to not pursue a mistrial. That was his choice - but the real issue is, even though it was SA's choice NOT to move for mistrial, were the circumstances he faced in making that decision FAIR?

Here, the decision came down to finances. As Dean stated, a retrial would be beyond SA's financial capabilities. He would run the risk of having a public defender handle the re-trial. Given the performance of Lou and others, how much confidence could SA have in that option? Meanwhile, the State has unlimited resources (at least in comparison to SA) and have enough juice to move the FBI (for example) to run a test for them on short notice.

Again, what type of decision could SA really make? Take the chance that his current attorneys were persuasive enough not withstanding the errors with the process or have a do-over with much less competent (presumably) public defenders?

Is that fair? It is the system, it usually works, but is it fair here? Can this system that depends so much on financial resources for a proper defense be FAIR for people with little means?

I think the answer is "yes," it is unfair. Whether one wants to believe the problems are bigger than this, are left to the individual viewer. At least in this case, the only reasonable conclusion is that in THIS small town, with entrenched LE and strong social bias among the community, can SA, a poor outcast, receive a fair shake? You have to answer "No."

So, the bigger question is really about given this problem, do we care enough to change the system? Are we okay will allowing these types of cases to happen knowing it is not really a danger to most of us? Are we okay with having the justice system serve the majority at the expense of the poor and socially unconnected?

That is your personal choice. If you believe it is not fair, then the discussion should be about what can be done and whether it can be done.

The story of SA and whether he actually killed TH is just collateral to the bigger points of the show.
Thanks for this post because i didn't understand why they did nothing about most of those blunders.
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02-03-2016 , 05:14 PM
Quote:
Originally Posted by jinx702
Did they actually find the handcuffs and leg irons, and if so where were they.
Yes, in his trailer bedroom. There was no blood or TH dna. He uses them with jodi.
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02-03-2016 , 05:18 PM
Quote:
Originally Posted by PoorSkillz
Here's one person's opinion (from reddit) that also describes some of my issues with the show:
Good post. Agree with those comments pretty much 100%.
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02-03-2016 , 05:19 PM
Quote:
Originally Posted by jinx702
Did they actually find the handcuffs and leg irons, and if so where were they.

Yes.

They found them on their "brief" 2-3hr search of the trailer on Nov 5, when they were simply looking for 'possible info on a missing person'
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02-03-2016 , 05:24 PM
Quote:
Originally Posted by eddymitchel
Thanks for this post because i didn't understand why they did nothing about most of those blunders.
It really was a dilemma.

And that is the essence of the show. SA was forced to make a choice between the lesser of two evils. His choice, which was based on his financial situation, sunk all grounds for appeal based on procedural errors.

As a result, he had an unfair trial, but he basically chose to accept it because his only other option was worse.
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02-03-2016 , 05:27 PM
Quote:
Originally Posted by Oski
Can you read? Can you just pull your head out of your butt for two minutes to actually think beyond whatever perverse, cop-loving agenda you have?

I have not advocated for one second that "the elephant is in the room." I have specifically stated that is a futile endeavor. On the other hand, you take the position elephants do not even exist even though there have been multiple sightings in the neighborhood.
Hey dude, I'm just trying to play along with your silly elephant analogy. Cool it with the personal attacks, please.

Also, when did I say elephants don't exist?

Were you just trying to prove the existence of elephants? I'm very confused now.
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02-03-2016 , 05:29 PM
Quote:
Originally Posted by revots33
Fact: victim's bones found in his yard
Fact: victim's car found on his property
Fact: The results that Sherry Culhane presented from her tests in her Crime Lab state that suspect's blood found in the car
Fact: The results that Sherry Culhane presented from her tests in her Crime Lab state that suspect's DNA found in the car
Fact: The results that Sherry Culhane presented from her tests in her Crime Lab state that victim's key found in suspect's home
Fact: The results that Sherry Culhane presented from her tests in her Crime Lab state that Bullet with DNA matching victim found in suspect's garage

Speculation: Police or someone else planted the bones
Speculation: Police or someone else parked the victim's car on suspect's property
Speculation: Police or someone else planted the key
Speculation: Police or someone else planted the bullet
Speculation: Police or someone else planted the DNA
Speculation: Police or someone else planted the blood
FYP

The whole point of the documentary and subsequently this thread are that these "facts" that you are presenting here are subject to a relatively enormous amount of invalidation. I am going to guess that the Crime Lab is going to come more into focus here soon.

Last edited by lostinthesaus; 02-03-2016 at 05:40 PM.
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02-03-2016 , 05:33 PM
Quote:
Originally Posted by PoorSkillz
Hey dude, I'm just trying to play along with your silly elephant analogy. Cool it with the personal attacks, please.

Also, when did I say elephants don't exist?

Were you just trying to prove the existence of elephants? I'm very confused now.
I used Krantz' analogy. Blame him.

Under this analogy, your position is that elephants do not exist. You already used the "maybe aliens did it" which amounts to the same thing.
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02-03-2016 , 05:36 PM
Quote:
Originally Posted by lostinthesaus
FYP

The whole point of the documentary and subsequently this thread are that these "facts" that you are presenting here are subject to a relatively enormous of invalidation. I am going to guess that the Crime Lab is going to come more into focus here soon.
Another great rebuttal from lostinsauce. Oski is convinced.
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