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Originally Posted by CHRONICFEVER
As a civil case attorney , what do you think his best chance is going forward . Seems like it would take a presidents pardon to get Steven and Brandon out
Disclaimer: I don't do any appeals work and probably know just barely more than the typical layman. My understanding is that their state appeals are essentially done barring some new evidence being uncovered. That leaves federal options which essentially our outlined at the very end of the documentary. President Obama could pardon them and there is a change.org petition you can already go sign to get his attention.
My honest take on the case is that they may have been guilty (Although I think it very very unlikely Brendan was guilty). However there is a very high probability that there was a lot of wrongdoing by the police/prosectuors. Lenk is clearly a scumbag and the fact that essentially all of the key evidence was found by him means at a bare minimum there is reasonable doubt as to the probative value of that evidence and Stevens guilt.
In no particular order I think there are a whole host of things (there are so many I am sure I will forget some in this list) that raise reasonable doubt in the cases either at the time or in retrospect.
1)Why leave a car right next to the crusher with your blood in it when you have a perfectly good crusher.
2)Why meticulously clean the trailer/garage but not clean the car you allegedly transported her in
3)Why leave the burned bones in clear view right next to your house.
4)How is none of Brendan's DNA anywhere in the crime scene.
5)How does Manitoc County find all the evidence when they were explicity told by the "authorities" to step aside.
6)What about the deleted voicemails.
7)Why were none of the people who were also possible suspects including the other Darrey bro, Brenden's stepdad, the brother, the ex-bf, the roommate never investigated.
8)Why were there two conflicting theories of what happened used to convict them both if they actually had an airtight case.
9)The convenience of this case ending the SA lawsuit and saving the county.
10)The tampered with blood from the previous case.
11)The key magically appearing after many many searches.
12)How does a 7-3-2 notguilty/guilty/unsure turn into a unanimous decision. That from my understanding almost never happens.
13)The horrific way that Brenden's investigation was handled from both the original defense attorney, and the investigators.
14)There was no motive.
15)Colburn knowing the make and model of the car before she was reported missing.
16)The phone records of Brenden and Steve.
17)The bias of the judges.
18)Blood in the car but no fingerprints.
19)The people closest to her did not report her missing for 4 days. If my roommate doesn't show up for like a day or two and doesn't answer phone/text I probably don't wait 4 days to do anything.
20)All of the lying and inconsistencies on the stand by Lenk and Colburn.
21)The fact the Manitoc Co. inbreds who obviously don't like the Averys got to be the jury
22)The fact two people on the jury had direct relations to the Manitoc Co. sheriff's department.
That being said it is obvious SA was no saint and its certainly possible he did it. I just don't think the prosecutions "case" was anywhere close to passing the reasonable doubt standard. Brenden's case is much more egrigious as I think the odds of him doing it or having anything to do with it being less than 5%. He is very clearly close to being mentally ******ed, was scared and completely susceptible to the people around him influencing him. Telling him that he would be fine if he said what they wanted to was what made him say it, not because it was the truth.