Season 2 Episode 3

[missy1974]

Released on October 19, 2018 on Netflix

 

[missy1974]

Gives us a history of the AEDPA, the act that is essentially making it harder for Brendan's lawyers to get him out.

Dr. John De Haan (forensic fire scientist) and Dr. Steven Symes (forensic anthropologist) with KZ talking about the burn pit. Dr. De Hann doesn't think the burn pit was the primary burn site, said if an expert had been to the scene, they would know that. KZ talks about no photographs of the bones and the lack of documentation. They go on to talk about how a burn barrel could burn a body to the state it was found in.

Talk about those dang barrel's!!! Also the 'suspected burial site' off of Kuss Road on the 7th (the day before the bones were discovered in the pit).

Shows the day that Duffin overturned Brendan's conviction. Seeing his lawyers, hearing Brendan's excitement about being released and what he wants to eat when he gets out, it is sad knowing how this story goes.

They show all the community support for the Halbach family as well.

 

[Sheenaisapunkrocker]

I'm watching this now on Netflix, unbeknownst to hubby! He'll razz me but it's worth it. Sorry, not sorry.

 

[Sheenaisapunkrocker]

KZ is very impressive. JB and DS seemed to have dropped the ball on pointing out several crucial discrepancies with the evidence.

 

[proudfootz]

Yes, Clinton era crime bills seem to have helped create the crisis we face today.

 

[proudfootz]

Gives us a history of the AEDPA, the act that is essentially making it harder for Brendan's lawyers to get him out.

Dr. John De Haan (forensic fire scientist) and Dr. Steven Symes (forensic anthropologist) with KZ talking about the burn pit. Dr. De Hann doesn't think the burn pit was the primary burn site, said if an expert had been to the scene, they would know that. KZ talks about no photographs of the bones and the lack of documentation. They go on to talk about how a burn barrel could burn a body to the state it was found in.

Talk about those dang barrel's!!! Also the 'suspected burial site' off of Kuss Road on the 7th (the day before the bones were discovered in the pit).

Shows the day that Duffin overturned Brendan's conviction. Seeing his lawyers, hearing Brendan's excitement about being released and what he wants to eat when he gets out, it is sad knowing how this story goes.

They show all the community support for the Halbach family as well.

BBM

I did take note that the Janda barrels were fruitlessly searched November 7th and 8th, but then suddenly searched again on the 12th and miraculously human cremains found!

Everything seems to happen on the 2nd, 3rd, 4th pass. The RAV4 appears where it wasn't before, cremains in Janda barrel #2 need a second look, key found within inches of the entrance to Steven's bedroom after several searches, garage needs another search before bullet can be found. There's probably more I'm forgetting off the top of my head.

 

[Deleted member 39678]

Antiterrorism and Effective Death Penalty Act of 1996

Although controversial for its changes to the law of habeas corpus in the United States (Title I), upheld in Felker v. Turpin, 518 U.S. 651 (1997), it also contained a number of provisions to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes," in the words of the bill summary.

Antiterrorism and Effective Death Penalty Act of 1996 - Wikipedia

 

[proudfootz]

To learn more about how 'tough on crime' legislation has eroded our rights:

A landmark Columbia Law School study of virtually every state and federal death-penalty appeal from 1973 to 1995 reported that “courts found serious, reversible error in nearly 7 of every 10 of the thousands of capital sentences that were fully reviewed during the period.” There were so many mistakes, the study found, that after “state courts threw out 47% of death sentences due to serious flaws, a later federal review found ‘serious error’—error undermining the reliability of the outcome—in 40% of the remaining sentences.” Without federal habeas corpus, those serious errors would have gone unchecked. Instead of later being found not to deserve the death penalty, as happened in seventy-three per cent of the cases, or instead of being found innocent, as happened in nine per cent of the cases, these defendants likely would have been put to death.

The Destruction of Defendants’ Rights

A system that fails 70% of the time to protect our rights is worse than just deciding cases by flipping a coin.

ETA: AEDPA makes it even harder to catch and correct those errors.

 

[proudfootz]

Episode 3 'Legal Miracle' is where extensive discussion of the cremains and possible burn sites is presented.

Cadaver dog alerts on burial site off Kuss Road on November 7th, the following day they alert on Avery property.

Timing always seems a little skewed - first evidence pointing away from Steven is found, then a day or so later evidence pointing at him is discovered where it wasn't before.

 

[JMarsh]

Yes, Clinton era crime bills seem to have helped create the crisis we face today.

Unfortunately to blame Clinton is misrepresenting the matter a little. That AEDPA billed passed almost unanimously. There was a lot of pressure to be tough on "crime" and terrorists after the Oklahoma City bombing. I remember that time, the pressure on politicians to be "tough" on crime was insane. At some point in all this, the voters need to own some of the responsibility.

You see the same thing now. In Texas, you simply can't be elected to a major office if you are anti-death penalty. Lots of candidates would like to abolish the death penalty, but they can't get elected if they advocate for this.

Voters. The public. Play a big part in all this. We just always want to shift the blame away from ourselves. If to get elected you have pass certain laws, that is what politicians are almost forced to do.

 

[proudfootz]

It's true these 'tough on crime' bills were not passed over the protests of politicians and voters.

The effect in this case would appear to be harmful to American citizens caught up in the justice system.

 

[LifeCitizen]

Pics of Kuss Road from Ep 3

Imgur: The magic of the Internet

 

[LifeCitizen]

In the first pic does anyone know whose house that is to the right and up a bit, is that Deer Camp?

 

[missy1974]

In the first pic does anyone know whose house that is to the right and up a bit, is that Deer Camp?

Yes, I believe that is the deer camp. If you zoom in, you can see 3 trailers there.

 

[LifeCitizen]

Thanks Missy, I did ask somewhere else as well and they confirmed it was the deer camp.

 

[guruagain]

What is the official story of all the activity on Kuss Road? Did it just turn into a "nothing to see here" scenario?

 

[LifeCitizen]

Loof the scent dog tracked Teresa at Kuss Rd.

She was there at some stage, alive or deceased.

A lot of people think it was the original burn site.

 

[Saul Vesalot]

Loof the scent dog tracked Teresa at Kuss Rd.

She was there at some stage, alive or deceased.

A lot of people think it was the original burn site.

I'm just not sure how, unless the barrels were taken there. Maybe it was the murder site or a staging site. I am a bit skeptical of the burning taking place there.

 

[proudfootz]

IIRC the MaM2 claimed law enforcement employees who 'found' cremains in the second search of the Janda burn barrel #2 did so immediately after first visiting the quarry site.