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If you’re still working your way through the programme this article contains spoilers.
JERRY BUTING, ONE of the lawyers who shot to prominence following his appearance in Netflix’s Making a Murderer series, has explained a vital point in the case.
During his trial – in a move that was a surprise to some viewers – Steven Avery declined to take the stand.
Speaking on Newstalk Breakfast this morning with Ivan Yates, Buting explained some of the possible reasons why this might have been.
Taking the stand
Clarifying that he was speaking in general terms as his discussions with Avery were subject to attorney-client privilege, Buting said the decisions over whether or not a client testifies are “always complicated”.
“Criminal defendants very often don’t have a lot of education or they may be afraid of public speaking,” he explained.
Versus polices officers, for instance, who are really professional witnesses. They come and testify all the time.
“There is the other problem when a defendant does testify, jurors tend to weigh that testimony against the police testimony and decide which one is more believable, when that is really not what the law says.
“… [It] is a difficult thing for people to do because it is not usually the way we make decisions in ordinary, daily life – where we do weigh one person against another.”
He also said that there was a “catch-22″ with a defendant taking the stand that “people might think, ‘oh why should we believe him, he’s got everything at stake, he’s got motivation to lie?’.
But then if you don’t put him on, ‘What is he hiding? Why doesn’t he testify?’ You’re kind of damned if you do, damned if you don’t.
International sex symbols
During the interview, host Yates went on to asking Buting about the legions of female fans that him and fellow attorney Dean Strang have attracted since the programme aired.
Kate Briquelet / Twitter@AmyKinLA @jenyamato @MdellW I posted this before and I'll post it again. Dean Strang - Jerome Buting fan club !!! pic.twitter.com/yCzFoDoThr
— kate briquelet, also on bluesky (@kbriquelet) December 30, 2015
Buting said it was “flattering” but not really the “most important outcome” of the programme. He also added that it was something only his and Strang’s wives had known “for years”.
Fans of the show will be able to catch Strang tomorrow night when he appears on RTÉ’s The Ray D’Arcy Show tomorrow night.
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Even if you are innocent the prosecution is gunning for you and taking the stand gives them ample opportunity to trip you up and make look bad. Correct decision by Avery.
Not in hindsight. It would have given him a chance to outline his timeline, which was never shown in the court/programme, apart from the 2 calls from his girlfriend when he was apparently in a shed butchering someone.
There is a reason that you have a right to remain silent
Young Brendan Dassey has learned this to his cost
Teresa Halbach was meant to have been killed by being shot 11 time, stabbed multiple time
had her throat cut.
Proscutetor Ken Kratz made a big play of that in front of the cameras
No evidence that this is what happened just the words of young Dassey
who had no defence lawyer at the time as he was working for the proscution
Keep your mouth shut
If they have evidence that you did something let them prove it
Yep. “Little said is easy mended.”
If you take the stand you can be asked did you do it ?
Yes, they can ask you if you did it, or they can ask you questions that would help to corroborate their evidence against you.
Edward Wayne Edwards the king of set ups Steven didn’t have a chance
Fans of the show will be able to catch Strang tomorrow night when he appears on RTE’s The Ray Darcy show tomorrow night. Ah Cmon lads try a little harder,maybe read what you’re writing.
SPOILER ALERT!!!!! Watching episode 6 last night. The forensic scientist stated in sworn evidence she may have got her own DNA on the bullet while talking or giving instruction. I’d like to know if the person(s) she was talking to where identified and interviewed to confirm this. If they weren’t identified or weren’t there at all she is lying and there surely is your grounds for a wrongful conviction.
I don’t disagree they should have been asked by a defence investigator but I don’t believe she contaminated the bullet she contaminated a control sample. Still enough to throw that evidence out in any fair court
Bizarre that the defence wasn’t permitted to be present for the DNA testing due to contamination concerns, but apparently she was allowed students to attend. Their justification for so many decisions and actions throughout the entire case consistently fails under minimal scrutiny.
Afraid he might say something he shouldn’t…. Interesting!
Mark, It might be that Avery doesn’t possess a wide range of vocabulary in order explain himself or to combat the legal jargon that would be bounced around the Court Room. Everything in Court hinges on the ‘spoken word’. Even the most learned of people are apprehensive about taking the stand.
Yes, as in something that can be twisted into a different meaning.
Prosecutors do not care if you are innocent or not, they are there to get you convicted
I really hope one day that Mark is accused of something and he takes the stand and makes a hames of it. It’s just too risky when you are dealing with the unreasonable human emotions of jurors.
Do you really hope that Ron? Bit harsh if so…
Bit unusual Ron… But don’t worry I never will be I abide by the law…
Many innocent people are accused and tried each year why do you think it can’t happen to you ?
Because I don’t break the law….Avery isn’t exactly someone who wouldn’t be crossing paths with ppl in law enforcement on a regular basis…. He may not be guilty of that crime, but he isn’t exactly an upstanding member of society
Mark, the families of the Bermingham 6 and the Guilford 4 broke no laws and were unknown to Police.
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