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Making a Murderer Making a Murderer

08-16-2018 , 06:22 AM
In the case of Mario Casciaro the courts found that the state failed to show that he was guilty.

In the United States, one is presumed innocent until proven guilty.

Therefore it can't be sanely argued that mentioning his innocence is a 'lie'.

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A panel of judges with the Second District Appellate Court of Illinois ruled on Sept. 17 that prosecutors provided insufficient evidence to prove that Cascairo, now 32, had murdered 17-year-old Brian Carrick, saying "the evidence against defendant was so lacking and so improbable that 'it is simply unreasonable to sustain the finding of guilt beyond a reasonable doubt,'" and reversed the conviction.

https://abcnews.go.com/US/mario-casc...ry?id=33919084

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I can certainly understand Casciaro's decision to get on with his life and stop having to deal with the lowlifes on the prosecution side who brought this unreasonable and improbable case into the courtroom.
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08-16-2018 , 11:13 AM
Yes it can. Your problem is that you conflate what stuff means with what you think stuff should mean.

Casciaro was not declared innocent, end of story.
Quote:
A finding of not guilty is not the legal equivalent of innocent, even when a ruling court has determined ‘that no rational jury could find beyond a reasonable doubt that the state proved all elements of the crimes charged,’ ” Kenneally said in the state’s objection to the defense’s argument for a certificate of innocence.
Quote:
“The defendant wishes to recast himself as the victim. He is not. The real victim is lying nameless in an unmarked, unhallowed grave. The defendant’s disinterest, deceit and contempt manifested during the investigation of a child’s disappearance from his family’s own store exposed his callousness and consciousness of guilty,” Kenneally said in his objection to the defense’s petition. “His evident involvement in that child’s demise and current pretensions of innocence, exposes his treachery.”
http://www.nwherald.com/2017/03/17/w...cence/a510ir1/
So yeah Zellcat lying her shyster ass of as usual surprise surprise yawn & an overturned conviction is not an exoneration or a declaration of innocence & very telling indeed Casciaro dropped his certificate for innocence bid once he'd have to actually back up his hot air noise btw. you need to learn what stuff means Loudz. As in actually means as opposed to your wishful thinking, thanks.

Quote:
I can certainly understand Casciaro's decision to get on with his life and stop having to deal with the lowlifes on the prosecution side
Prosecution are lowlives huh? All about the injustice with you innit & not cuz you're an anti authoritarian conspiracy theorist with a clear grudge against LE & prosecutors? Keep showing your true colours.

Quote:
who brought this unreasonable and improbable case into the courtroom.
So unreasonable it led to an arrest trial & conviction. Again you need to learn what stuff means & stop conflating your personal (and decidedly insurmountable) criteria for the standard criteria of what constitutes a reasonable case to bring to trial. Casciaro wasn't exonerated or declared innocent. Zellner is still a liar. Your obstinacy due to your rampant fanboyism is hilarious. As is your hilarious non argument that:

Quote:
Therefore it can't be sanely argued that mentioning his innocence is a 'lie'.
Cite verbatim where Casciaro declared "innocent" or else learn the diff between an exoneration & vacated conviction.

Last edited by corpus vile; 08-16-2018 at 11:24 AM.
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08-16-2018 , 02:07 PM
What's already been revealed is bad enough. It's entirely possible there is more to come.[/QUOTE]

Agreed, And hopefully Mr hunt retrieves enough data to show a clearer picture of events between 31st Oct & 2nd..Nov 2005.
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08-16-2018 , 04:22 PM
I predict there will be one of two outcomes

1) Nothing of interest will be on this computer that Zellner can spin in her favor.

2) Nothing of interest will be on this computer but Zellner will find a way to spin it anyway.
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08-16-2018 , 04:43 PM
Quote:
Originally Posted by smacc25
Agreed, And hopefully Mr hunt retrieves enough data to show a clearer picture of events between 31st Oct & 2nd..Nov 2005.
It'd be good to have some more information, whichever way it points.
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08-16-2018 , 07:16 PM
Quote:
Originally Posted by proudfootz
It'd be good to have some more information, whichever way it points.
Yes...
There's some seriously bad **** on that computer & as 2005 was still the wild west in internet age, i'm sure there is more to come....
Got to give lostinthesause some credit again here, spotting the sexual predator & naming him as a suspect very early...
I honestly think Zellners best hope is getting S.Walker removed from office in Nov..along with the clear brady violations that have occured.
Then again, being up against a corrupt county is one hellava wall to climb....

Thanks proudfoot for your work here, I owe you a beer sir
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08-16-2018 , 07:52 PM
Quote:
Originally Posted by smacc25
Yes...
There's some seriously bad **** on that computer & as 2005 was still the wild west in internet age, i'm sure there is more to come....

Got to give lostinthesause some credit again here, spotting the sexual predator & naming him as a suspect very early...

I honestly think Zellners best hope is getting S.Walker removed from office in Nov..along with the clear brady violations that have occured.

Then again, being up against a corrupt county is one hellava wall to climb....
Good call.

Cheers!

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08-17-2018 , 06:25 AM
Quote:
Originally Posted by fraleyight
I predict there will be one of two outcomes

1) Nothing of interest will be on this computer that Zellner can spin in her favor.

2) Nothing of interest will be on this computer but Zellner will find a way to spin it anyway.
+1
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08-17-2018 , 10:57 AM
Isn't this barbs computer and not the same computer from 2002/3?
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08-17-2018 , 04:56 PM
Quote:
Originally Posted by fraleyight
Isn't this barbs computer and not the same computer from 2002/3?
This is apparently the same computer Bobby (the last person to see Teresa alive) was looking up rape and torture porn and stuff about killing and mutilating women just before Teresa disappeared.
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08-18-2018 , 02:32 AM
Avery & Dassey were the last people to see Teresa alive & searches don't mean they were all done by Bobby Dassey. But of course intimation is sufficient for him. Anyone but cuddly Stevie!
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08-20-2018 , 10:43 AM
Quote:
Originally Posted by proudfootz
This is apparently the same computer Bobby (the last person to see Teresa alive) was looking up rape and torture porn and stuff about killing and mutilating women just before Teresa disappeared.
Oh in that case its already been established what was on that computer so this isn't "new evidence". It was presented in both zellners appeal and given to the defense at averys first trial.

So this will get thrown out like everything else.
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08-20-2018 , 10:56 AM
Just to be clear..

Evidence Bobby is guilty:

*present in home that contained a computer where torture porn and violent videos were searched
*On property around the time Teresa went missing

Evidence against avery:
*A history of abuse toward women, including a history of being accused of rape and attempted murder
*Frequented home where violent videos and torture porn were searched
*on property where Teresa went missing
*last known person to see Teresa
*Sold his sisters Van against her wishes and requested Teresa by name
*called Teresa blocked twice but unblocked once after her phone went offline
*had a large bonfire witnessed by several people, the same pit where the bonfire took place is where teresas remains were found
*lied about having a bonfire initially but now admits to having one
*Teresas car was found with averys blood located in 6 different places inside her vehicle and his DNA was found on her hood latch
*The key to this vehicle was found in averys bedroom
*A gun that is kept above averys bed was found to have shot Teresa using both ballistics and dna testing on the bullet found in the garage.


Just to name a few. Do you really think if the jury knew that this computer was used to search hardcore rape porn and some violent images that it would have changed the trial one bit?
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08-20-2018 , 09:06 PM
Quote:
Originally Posted by fraleyight
Oh in that case its already been established what was on that computer so this isn't "new evidence". It was presented in both zellners appeal and given to the defense at averys first trial.
Apparently legal professionals familiar with the case disagree with your opinion.

Jerome Buting—co-counsel for Avery at his 2007 trial—highlighted the state’s failure to disclose a CD, “contain[ing] information on websites and images from the hard drive [of the Dassey’s computer—including,] injuries to humans, to include a decapitated head, badly injured and bloody body, a bloody head injury, and a mutilated body.”

...

The CD, marked, ‘Dassey Computer, Final Report, Investigative Copy,’ was kept—along with hardcopy pages of instant message conversations—in Agent Fassbender’s possession rather than being disclosed to Avery’s defence attorney prior to trial.


Why this evidence was kept in the private stash of Tom Fassbender as a trophy instead of being handed over to the defense as required by law remains a mystery.

It would be pure speculation on my part to suppose that the reason was that it not only impeached the prosecution's star witness, but pointed to a very viable alternate suspect.

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So this will get thrown out like everything else.
Maybe so - just look at how the Italian courts acted in the Kercher case. There's no guarantees justice will be served.
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08-20-2018 , 09:07 PM
Quote:
Originally Posted by fraleyight
Do you really think if the jury knew that this computer was used to search hardcore rape porn and some violent images that it would have changed the trial one bit?
Yes.

Which is the most obvious explanation for why the evidence was withheld.
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08-21-2018 , 03:22 AM
It wasn't withheld last year Zellner blamed ineffective counsel, now she's saying it was withheld. Just more bs from her.
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08-21-2018 , 04:35 AM
Apparently Fassbender added it to his personal porn collection.
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08-21-2018 , 05:27 AM
Quote:
Originally Posted by fraleyight
*A gun that is kept above averys bed was found to have shot Teresa using both ballistics and dna testing on the bullet found in the garage.
Just to be clear...

The trial testimony of William Newhouse, the technician who claims to have matched the bullet fragment to the weapon found in Steven's home...

Newhouse readily admits his work is subjective:

8 Q. I'm going to read for you a statement from the
9 AFTE, A-F-T-E, Journal, the organization that you
10 belong with. And you tell me if you agree or
11 disagree with this particular statement. Quote,
12 "Currently the interpretation of
13 individualization/identification is subjective in
14 nature, founded on scientific principles and
15 based on examiner's training and experience."
16 A. That's correct.
(Page 146)

Newhouse cannot deny that there is a great deal of difference between the bullet fragment and the test bullet fired from the weapon found in Steven's home:

1 Q. In any event, the test fired bullet on the right
2 shows quite a bit of differences in the land area
3 from the one on the left, does it not? It seems
4 to have some extra ridges or bulges sticking out
5 of some sort?
6 A. There are differences on -- between both bullets.
7 I don't know what you're referring to
8 specifically. There's a great deal of
9 differences on the bullet on the left side of the
10 photograph when you compare it to the bullet on
11 the right side of the photograph.
12 Q. A great deal of difference, right?
13 A. Absolutely, yes.
(Page 155)

[Note - the left and right portion of the photograph designates an exhibit that shows a side-by-side comparison between the bullet in evidence versus the test bullet known to have been fired from the weapon seized by police.]

Newhouse did not compare the bullet in evidence to any other weapons of the same make and model even though it is one of the most popular and hence common weapons of this caliber.

5 Q. Did you examine any other Marlin 60 firearms for
6 this case?
7 A. I did not.
(page 146)

And in a very long section of the examination of the state's expert witness, he admits that while ordinarily this sort of subjective analysis is confirmed by another expert, in the case of this bullet no peer review was done.

20 Q. Well, how do you ever have anybody review your
21 work?
22 A. I do that using the photographs. And one of the
23 examiners in the Milwaukee laboratory, another of
24 the Wisconsin State Laboratories, of course,
25 reviews my photographs. And on occasion, I will
1 take cases over to him where I believe it's
2 warranted, or where he does. And that's how we
3 conduct our peer review of the examinations.
4 Q. That's how you comply with that part of your
5 protocol that says you always have an examiner --
6 two examiners look at the same thing, right?
7 A. Exactly.
(Pages 160 and 161)

To be valid, scientific work must be subjected to peer review to help eliminate error.

7 Q. Do you see Mr. Templin's initials anywhere on
8 here?
9 A. They are not there.
10 Q. Do you see any other firearm tool examiner's
11 initials anywhere on here?
12 A. No. Mr. Templin is the one who reviewed that
13 one, there wouldn't be anyone else.
14 Q. Do you see Item 428?
15 A. Yes.
16 Q. Also another one for Item FL; do you see your
17 initials on there?
18 A. Yes, they are.
19 Q. Do you see Mr. Templin's initials on there?
20 A. No, they are not.
21 Q. So, we have, in your documentation that you must
22 keep in order to maintain your profile --
23 protocol, no record that any other examiner,
24 besides yourself, looked at Item FL to confirm
25 whether your opinion that this bullet was fired
1 from the gun that was before you earlier, were
2 one in the same, came from the same gun, right?
(Pages 163 and 164)

http://www.stevenaverycase.org/wp-co...-2007Mar01.pdf

It is my considered opinion that Buting did us a service by demonstrating that Newhouse's subjective opinion deviates from the accepted norms of his specialty and cannot be taken as probative.
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08-21-2018 , 06:15 AM
Quote:
Originally Posted by proudfootz
Apparently Fassbender added it to his personal porn collection.
Your trolling is seriously below par. B&S were aware of the CDs/DVDS. It wasn't withheld, Zells is being her usual contrary self. Avery's .22 was established as the murder weapon & the state's expert testimony was accepted after defence had their say on it. That's it. Yet more rinse repeat & spam from Avery's murderer groupie cult. It's also your considered opinion that Richard Ofshe is a credible source & that some mad complex conspiracy occurred in the Teresa Halbach case. So your considered opinion is pretty irrelevant.
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08-21-2018 , 10:02 AM
What specific information is on this CD that wasn't on the DVDs given to buting and strang? What is the probative value of this information as it pertains to the Avery case?
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08-21-2018 , 10:25 AM
Why even bother having procedures and protocols in the various forensic labs? No one follows them, and clearly Corpus doesn’t know their intended purpose.

Science, how does it work?
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08-21-2018 , 10:34 AM
Quote:
Originally Posted by EfromPegTown
Why even bother having procedures and protocols in the various forensic labs? No one follows them, and clearly Corpus doesn’t know their intended purpose.

Science, how does it work?
I assume you're talking about the DNA test that was done on the bullet fragment? If so, no protocol was broken here. You'd know this had you read the transcripts or bothered paying attention to what people have told you itt.
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08-21-2018 , 10:40 AM
Quote:
A. Concerning the bullet, this was a little bit
unusual, because there was nothing to cut. And
there was nothing -- I didn't feel like, by
swabbing it, that I would get enough DNA off of
the item, so I actually put the entire bullet
into the tube, with my reagents, and washed all
the DNA off that was on that tube.
Because this was a little unusual, most
of our samples are swabbings or cuttings, I had
two of our newer analysts sit next to my
workbench and watch me. And as I was doing it, I
was explaining what I was doing and why I was
doing it. And I felt like I was far enough away
from my workbench so that my talking wouldn't
interfere; but, obviously, that was incorrect.


Q. If when -- If your DNA profile had been on the
bullet, would that have changed anything?


A. Yes.


Q. Please explain that to the jurors?


A. If my DNA had been on the evidence sample, I
would have reported that as a mixture of DNA from
myself and Teresa Halbach and I would have done a
statistical analysis referred to as a likelihood
ratio. That type of contamination is different
than what actually happened.


Q. If your -- If the control in this case had
contained a DNA profile that was unrecognizable
to you, would that have changed anything?


A. Yes.


Q. Please explain that to the jury.


A. I would not have requested a deviation because it
would not have been appropriate; it would have
been inconclusive, just like our protocol calls
for.


Q. Explain to the jurors why you felt that deviation
was appropriate in this situation.


A. First of all, there were a couple of reasons, my
DNA was in the control, not the evidence sample.
And because I was the analyst using it --
processing it, I knew what the source of the DNA
was. And I felt this was probative evidence, and
I felt it was appropriate simply -- primarily
because it was my own DNA and it was in the
evidence sample.

Had it been any other profile, had it
been mixed with the sample, again, I would have
reported it, but I would have reported it as a
mixture, and all the information would have been
in my report just like it was in this report.

All the information was there, but I
felt it was appropriate because I could not go
back and re-extract. I was stuck with what I
had; I couldn't redo anything to remedy the
situation. And I felt it was probative evidence,
so I reported it.


Q. Did the presence of your DNA profile in the
control, in any way, cause the presence of Teresa
Halbach's DNA profile on the bullet?


A. No.


Q. Was there any mixture on the bullet?


A. No.


Q. Who's profile did you find on the bullet?


A. It was a single source of DNA, meaning from one
person, and it was consistent with Teresa
Halbach.


Q. And the control in this case contained your
profile?


A. Correct.
Science, how does it work?
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08-21-2018 , 02:30 PM
I was speaking in general about all procedures.

And yes, I’m aware of what the prosecutor asked her during the trial. I’m also aware of what the defence asked her.

The control is important in science, you understand that right?

Jus like procedures are important in bullet matching.

Labs don’t just write these procedures down for the fun of it.
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08-21-2018 , 02:38 PM
Quote:
Originally Posted by EfromPegTown
I was speaking in general about all procedures.

And yes, I’m aware of what the prosecutor asked her during the trial. I’m also aware of what the defence asked her.

The control is important in science, you understand that right?

Jus like procedures are important in bullet matching.

Labs don’t just write these procedures down for the fun of it.
Sure, I understand all that. I also understand deductive reasoning and logic and at some point you should probably ask yourself what the likelihood that discovering the technicians DNA on a control sample could result in a false positive for Teresas DNA on the actual sample.

Then you should ask yourself given we can only test this particular fragment one time if an exception is necessary.. She even said per protocol that if she had contaminated the actual sample they'd do an analysis called "likelihood scenario". Given the source of the contamination is known its almost a certainty that in that scenario the test would have also been allowed.
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