proudfootz wrote:Typically court cases in the US are heard in court - if you can get into court.

Clearly Zellner has some experience in going against stacked decks, and has a good record of winning those cases.

Zellner hasn't been in contact with me about the evidence she intends to bring forth in court. Nor do I expect it.

purplerat wrote:

proudfootz wrote:

purplerat wrote:

proudfootz wrote:

Yep, getting people out of prison is her specialty.

When Zellner's critics can ante up with a record as good as hers is, they might have some credibility.

In the US criminal justice system even a shitty prosecutor can easily match her record and that's with much less discretion as to which cases they'll take. That's what she's up against.

Naturally, prosecutors have an easy time of it - they have everything lined up for them. Plus, if the cases are weak, there's plea bargaining and some alleged villains never go to trial. Basically, it appears that only 'winning' cases go to trial in the first place.

If some of these prosecutors had to go up against the state and free a wrongly convicted person they might not find it as smooth a road to travel.

That's my point. The deck is stacked against her, especially in this case. That she has a good, but limited, track recorded shouldn't be much reason for optimism given what Avery is up against.

The comments she made early on followed up by zero in the results department since (excluding a new series) rings of showmanship more than actually having a case.

proudfootz wrote:Zellner is only going to get one shot to argue that the case should be looked at again. Probably best to present that case to a judge than to the public, since a judge is the only person who can do anything for Avery at this point.

I'm patient enough to wait a few weeks to find out what her case is.

Teague wrote:

purplerat wrote:

proudfootz wrote:

purplerat wrote:
In the US criminal justice system even a shitty prosecutor can easily match her record and that's with much less discretion as to which cases they'll take. That's what she's up against.

Naturally, prosecutors have an easy time of it - they have everything lined up for them. Plus, if the cases are weak, there's plea bargaining and some alleged villains never go to trial. Basically, it appears that only 'winning' cases go to trial in the first place.

If some of these prosecutors had to go up against the state and free a wrongly convicted person they might not find it as smooth a road to travel.

That's my point. The deck is stacked against her, especially in this case. That she has a good, but limited, track recorded shouldn't be much reason for optimism given what Avery is up against.

The comments she made early on followed up by zero in the results department since (excluding a new series) rings of showmanship more than actually having a case.

Yeah and it smacks of book deals and tv shows - I'm sure she's an excellent lawyer too but I'm not putting it passed her to look at making a ton of money here too.

purplerat wrote:

proudfootz wrote:Zellner is only going to get one shot to argue that the case should be looked at again. Probably best to present that case to a judge than to the public, since a judge is the only person who can do anything for Avery at this point.

I'm patient enough to wait a few weeks to find out what her case is.

Why would she only get one shot? It's been a while since I've followed this regularly but I'm fairly certain Avery has no further appeals. He has "zero shots" so to speak, quite literally nothing to lose. There really isn't a case to be made as it's going to take something extraordinary which she either has or doesn't.

In January 2016, Avery filed two motions to appeal citing violations of his due process rights. The first claimed a search warrant executed for the Avery property was invalid, meaning evidence gathered during that search should be thrown out. The second claimed that a jury member pressured others jurors into finding him guilty. As his motions were filed before Zellner took on his case and while he was not represented by an attorney, this is what’s called a “pro se appeal.” Once Zellner became Avery’s attorney, she had the option of continuing with the appeal he already filed or filing her own “post-conviction appeal.” (Avery has already exhausted a number of the available avenues for appeal — in 2011, Wisconsin’s State Appeals Court denied his appeal for a new trial, and the Wisconsin Supreme Court declined to hear his appeal at all.)

Instead of exclusively pursuing the arguments laid out in Avery’s pro se motions to appeal, Zellner’s tweet indicates that when she finally does file her brief, it will be for a new post-conviction appeal based, at least in part, on supposed new evidence that Avery was framed.

http://crimefeed.com/2016/05/steven-ave ... tic-tweet/

monkeyboy wrote:I'm guessing she has a few aces tucked away out of sight. It would seem a bit silly presenting your case via Twitter in dribs and drabs. Perhaps more effective to deliver a number of well evidenced and well presented arguments to make an overwhelming case in one fell swoop since it could well be an all or nothing attempt. It's worth taking the time to get it right.

proudfootz wrote:Zellner is expected to submit her brief at the end of August.

Will the new series be aired at that time?

proudfootz wrote:
I'm willing to bet there's something to her case. What are the stakes?

purplerat wrote:

proudfootz wrote:Zellner is expected to submit her brief at the end of August.

Will the new series be aired at that time?

Sounds like they'll be making the new series around her case.

proudfootz wrote:
I'm willing to bet there's something to her case. What are the stakes?

We'll see. If it's the type of "bombshell revelations" we've seen so far with this case he's not getting out or even getting a new trial.

As for the stakes, Avery has little to lose. I suppose for her if she fails it could harm her reputation but really who knew who she was before this? Win or lose she's going to be much more widely recognized and likely more wealthy. Who knows, maybe she'll take over for Nancy Grace when she's done.

Teague wrote:

purplerat wrote:

proudfootz wrote:Zellner is expected to submit her brief at the end of August.

Will the new series be aired at that time?

Sounds like they'll be making the new series around her case.

proudfootz wrote:
I'm willing to bet there's something to her case. What are the stakes?

We'll see. If it's the type of "bombshell revelations" we've seen so far with this case he's not getting out or even getting a new trial.

As for the stakes, Avery has little to lose. I suppose for her if she fails it could harm her reputation but really who knew who she was before this? Win or lose she's going to be much more widely recognized and likely more wealthy. Who knows, maybe she'll take over for Nancy Grace when she's done.

Nope, she'll win either way. The series is going to show all the evidence that was left out or not heard before. If Zellnar fails Avery, they can fallback on the "justice system failing him when we can all clearly see he is innocent" Then of course she'll write a book, go on talk shows, more free advertising for her etc, etc.