Jan 7, 2016

Film Series Provokes Panicked and Irrational Defenders of Wrongful Prosecution

The Making a Murderer (on Netflix) is bringing forth the Evangelical certainty of the fools and fanatics defending a malicious prosecution.

One Donna Jean (Facebook) just knows the second wrongful prosecution of Steven Avery (and Brendan Dassey) is justified because, "it is like watching fox news. I don't need to watch its entirety to know what it is."

So comes the desperate protections, accompanied with the predictable level of low-grade commentary such as Ms. Jean's, of this miscarriage of justice chronicled in Laura Ricciardi and Moira Demos' Making a Murderer (on Netflix).

Already a voting juror has contacted the two producers who appeared on the Today Show (Stump) Tuesday, alleging juror misconduct and fear for his/her life contingent on a guilty vote.

Meanwhile, the former Special Prosecutor Kenneth Kratz—a deceitful piece of human garbage—is desperately, (and rather passionately for a prosecutor drummed out of the Calumet County District Attorney's office for sexual misconduct in 2010), trying to defend this wrongful and malicious prosecution.

Understand why Scott Walker was elected governor of Wisconsin?

Not many big fans of Robert Jackson across rural Wisconsin:

"Any prosecutor who risks his day-to-day professional name for fair dealing to build up statistics of success has a perverted sense of practical values, as well as defects of character. Whether one seeks promotion to a judgeship, as many prosecutors rightly do, or whether he returns to private practice, he can have no better asset than to have his profession recognize that his attitude toward those who feel his power has been dispassionate, reasonable and just."
Attorney General Robert H. Jackson, April 1, 1940; (U.S. DoJ)

A series of inflammatory news conferences in 2006 by special prosecutor Kenneth Kratz alleged that the nephew of Avery was taken into custody and "admitted his involvement and that of Avery in the [Teresa Halbach] death," (AP, March 10, 2006). A "motion filed in Manitowoc County Circuit Court said the release of 'lurid' [alleged] statements by Dassey, as well as information about physical evidence and other opinions about Avery's guilt, could make a fair trial impossible."

Readers can help by contacting the Wisconsin Office of Lawyer Regulation and ask why these press conferences did not violate Wisconsin Supreme Court Rule [SCR 20:3.6 Trial publicity], stating: "(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter."

It does appear that Kratz also used his discretionary power in these press conferences to obtain a dishonest advantage over Steven Avery in violation of SCR 946.12(3):

946.12 Misconduct in public office.

(3) Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another;

Wisconsin Office of Lawyer Regulation
Keith Sellen, Director
110 East Main Street, Suite 315
Madison, WI 53703-3383
Phone: (608)267-7274 or (877) 315-6941
Fax: (608) 267-1959 

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