Steven Avery, whose case was documented on “Making a Murderer” had filed a motion for new trial, alleging new evidence that would support granting him a new trial. The trial court denied the motion without a hearing, indicating that Avery’s attorney Katherine Zellner, had not met the legal standard for that type of motion in Wisconsin. Currently, that ruling is being appealed, but it’s fairly early in the appellate process: Zellner has not filed her brief yet.
Brendan Dassey, the young cousin of Avery, is still fighting to get his verdict overturned. He had gone through the State appeals process, when he then got a positive ruling from a Federal judge, finding his confession was illegally obtained and dismissing the trial result. However, a Federal Appellate court overturned that ruling, reinstating his conviction. He is now petitioning to the U.S. Supreme Court. The SCOTUS only takes a relatively few cases each year, and Wisconsin will likely be filing a brief arguing that there is no issue that needs to be addressed by SCOTUS. If the Supreme Court does not hear the case, Dassey could end up filing for a new trial as Avery has done.
A Wisconsin man charged with DUI claimed that the odor on his breath was due to beer battered fish. He had just come from a fish fry, you see, and the officer simply must have mistaken when he thought he smelled an alcoholic beverage. That half-empty can of Red Dog on the passenger seat… that wasn’t his, I’m sure. The blood alcohol content of .062… that could come from the fish.. right? Right?
Sounds fishy to me…
The jury didn’t buy it and , John Przybyla was convicted of DUI. Again. In fact, this was his 10th drunk driving offense, and due to the repeat offenses, he is facing up to 12 years in prison. They ought to arrest whoever let this guy have a car, again, as well…
Two men “broke in” a home where a four-year-old was was staying with her babysitter. The babysitter told police the men were black, and armed, and went on to claim one of them looked like the African-American neighbor. Police SWAT and Snipers surrounded the man’s home, arrested him, and questioned him for hours. Fortunately, the little girl spoiled the plot, telling cops that the men weren’t the right color. It turns out the babysitter orchestrated the whole plot, and her her white boyfriend and a friend stage the home invasion. Yay Abby Dean, superhero! Yay justice!
A new law in Wisconsin will require that law enforcement agencies have an outside agency review deaths that happen in law enforcement custody. I have recommend the practice several times before here on Crimcourts. Ultimately, it benefits the agency involved, as the outside invstigation won’t have the stigma of being tainted. Outside investigators are less likely to have their conclusions tainted by their relationship to the subjects, and thus the results will give more confidence to the public when they are established. It’s a win-win situation, that ought to be common sense, but many law enforcement agencies don’t see it that way. And it costs us all when the lack of oversight ends up resulting in lawsuits that come out of taxpayer monies.