Like thousands of people, I’m hooked on the slow but fascinating Netflix series, Making a Murderer, Episode 2. https://www.youtube.com/watch?v=qxgbdYaR_KQ  I’ve worked 30+ years as a criminal trial lawyer and can offer some unique, different ideas about the series.

It started with the unlawful conviction of Steve Avery for sexual assault and attempted murder in Manitowoc, Wisconsin.  Unfortunately, he spent 18 years in prison before DNA testing proved later that he wasn’t guilty.  Making a Murderer followed Avery from that point as he started a new life while working at the family auto salvage business—until a local woman disappeared.

Her abandoned SUV was found at the Avery business location.  A set of her keys with Steve Avery’s DNA on them were found in his bedroom.  His blood was found inside the SUV.  And in a shallow pit in front of his trailer home, investigators found the burned remains of the missing woman.  As an experienced criminal lawyer, the Making a Murderer series show developments that raise questions for me and maybe you also:

1.  If Steve Avery really kidnapped and killed the woman and left a trail of evidence around his home—could any criminal have been that stupid?  Yes!  Here are some examples from my own cases:
   1. A woman walked in front of a row of houses.  She left her baby and the carriage on the sidewalk as she burglarized one of the houses.  When she returned for the baby with the loot, the police arrested her.
   2. A man robbed a jewelry store at a shopping mall, managed to get outside with the stolen items, and was arrested as he waited for his get-away ride—the public bus.
   3. Three teenagers robbed a man at gun point and stole all his money and jewelry.  Later, they were caught when the victim saw a post of Facebook of the three young men—wearing the same clothing used during the robbery and wearing all of his bling hanging around their necks.
2. Can burned bodies really be identified accurately?  Yes.  The Making a Murderer series showed a shallow pit in the front yard where the victim’s body had been found.  Forensic pathologists are incredible!  If the face and flesh are missing, they can still use dental remains to identify the victim.  (Teeth can withstand fires better that any other parts of the body)  Pathologists can also determine if the victim was alive when the fire started.  (If so, the throat will reveal smoke or soot)  Even if all the body parts are missing, bones often survive a fire.  DNA testing can identify the vic, but other features may also be used—if the victim had broken bones that had healed but could be identified or if pins, plates, or screws had been implanted, for instance, they could also help to identify the victim using medical reports of prior injuries or surgeries.
3. When the local District Attorney asked for a prosecutor from a different county—is this common?  Yes.  Whenever there is a potential conflict of interest, a politically sensitive issue, or a checkered history that may not give the suspect/accused a fair shake (as it appeared in the Manitowoc County Sheriff’s office), it’s common to ask for outside help.

I can’t wait to see what the Making a Murderer series will reveal about the new crime?  Did Steve Avery do this one or was he set-up by the angry sheriffs??