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  1. #1
    shadowraiths's Avatar
    shadowraiths is offline LISK Liaison, Verified Forensic Psychology Specialist, infoSec Architect
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    Let's talk about SA's prior "bad acts"

    From this document, the state (prosecution) attempted to introduce 9 prior "bad acts" to support their case. They were as follows:

    1. Acts of physical violence and threats by SA against his ex-wife, LA
    2. Acts of physical violence by SA against his girlfriend, JS
    3. 1982 Act of criminal cruelty involving the killing of a cat
    4. Act of recklessly endangering the safety of SM
    5. Prior act of being a convicted felon in possession of a firearm
    6. Sexual misconduct with MA
    7. Sexual misconduct with JAR
    8. Prior sexual history with JS
    9. Phone conversation with ML

    All 9 "bad acts" listed in the original motion, were denied by Judge Willis. These were also detailed in a supplemental motion.
    Last edited by shadowraiths; 03-05-2016 at 12:06 AM. Reason: fixed motion name



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  2. #2
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    ML's incident interests me.. What made SA call Bryan D's ex GF and ask her to comeover for sex?? This case is so weird!!

    Thanks for posting the links.. First time I read it.
    Last edited by Wendy101; 03-04-2016 at 11:00 PM. Reason: Wrong dassey

  3. #3
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    BD said he had talked to "Marie"..I can't remember all of the circumstances around it. But, does anyone think it is possible he talked to the 2004 victim and she discussed the assault with him. If we believe his statements that SA assaulted him, could the 2 have discussed what happened to each of them. That being said, could that have been where BD came up with the facts that he came up with? For instance, if SA had a knife while assaulting M.A. and M.A. said, "I thought he was going to stab me in the stomach" or something similar--could it be possible he repeated that to LE?

    I'm just asking...just throwing out different possibilities to see if they hold any weight.

  4. #4
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    Quote Originally Posted by Wendy101 View Post
    ML's incident interests me.. What made SA call Bryan D's ex GF and ask her to comeover for sex?? This case is so weird!!

    Thanks for posting the links.. First time I read it.
    Didn't they breakup after the TH incident?

  5. #5
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    #4 He didn't just endanger the life of SM. She had her baby in the car with her as well. I think it is appalling how MaM contorted that story. His motive for running her off the road was a sexual one and not anger about rumour mongering as was claimed. To put it simply, it was an attempted abduction.

  6. #6
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    Quote Originally Posted by Limaes View Post
    #4 He didn't just endanger the life of SM. She had her baby in the car with her as well. I think it is appalling how MaM contorted that story. His motive for running her off the road was a sexual one and not anger about rumour mongering as was claimed. To put it simply, it was an attempted abduction.
    It was the first time I read that he followed her to her parents house too, where she had called police. Just creepy, who does that?

  7. #7
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    http://www.stevenaverycase.org/wp-co...t-Evidence.pdf

    this is the defense memo opposing the prior "bad acts"

    a few things that stood out to me:

    Page12 The cat
    The 1982 facts were and are sensational and disgusting. Many people
    have an admirable soft spot in their hearts for cats in particular, or for dependent,
    cute animals that are common pets (and therefore often anthropomorphized)4 in
    general' The apparent wanton cruelty and senselessness of the 1982 allegations
    would distract and shock jurors, raising the specter that they would convict Avery
    more easily because they could view him as inhuman or a monster. There is patent
    unfairness and prejudice in evidence that at once tends to anthropomorphize and
    thus cause empathy for a victim cat, and to dehumanize and thus reduce empathy
    for the human being who is the accused. Avery's jurors should not be tempted to
    the false conceit that they can impute to a cat more human qualities than they can
    impute to Avery. This evidence fails the third step of Sullivan,as well.

    4 An interesting, if in the end unanswerable, question is whether Avery would have been charged at all if the animal involved had been a barn rat or a common snake. Legally it should not have mattered. Factually, it might have.

    Page 13 the SM incident
    Avery pled guilty or no contest to the Morris charge
    - but only after his wrongful conviction for the 1985 rape and on the expectation
    that he would get a concurrent sentence (which he did). His failure to contest the
    Morris charge must be understood in that context. He was a man whom the system
    had failed, who was bitter, who by reason of immediate personal experience quite
    understandably doubted the ability of juries to spare the innocent, and who was
    giving up hope. If the Court admitted the Morris incident, it also would have to
    allow this evidence of context
    This is something I did not realize, that he pled guilty or no contest AFTER being found guilty of the rape, that he did not commit.

  8. #8
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    Quote Originally Posted by missy1974 View Post
    http://www.stevenaverycase.org/wp-co...t-Evidence.pdf

    this is the defense memo opposing the prior "bad acts"

    a few things that stood out to me:

    Page12 The cat



    Page 13 the SM incident


    This is something I did not realize, that he pled guilty or no contest AFTER being found guilty of the rape, that he did not commit.
    I question that he pled guilty because of the wrongful conviction, a wronged man, who was bitter and giving up hope. She went to her parent's house and called police AFTER he followed her there. I'm sure she walked in the door and said, I have to use the phone to call the police because.....and I'm sure her parent or parents saw him out there lurking. He was guilty, so he pled guilty--nothing more nothing less. He was going to jail (at least for a bit)for the incident, no matter if he pled innocent or not.

  9. #9
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    Quote Originally Posted by BigCityAccountant View Post
    I question that he pled guilty because of the wrongful conviction, a wronged man, who was bitter and giving up hope. She went to her parent's house and called police AFTER he followed her there. I'm sure she walked in the door and said, I have to use the phone to call the police because.....and I'm sure her parent or parents saw him out there lurking. He was guilty, so he pled guilty--nothing more nothing less. He was going to jail (at least for a bit)for the incident, no matter if he pled innocent or not.
    As far as I know... he has admitted to this incident, to what extent, I don't know. When they plead guilty or no contest, is there a statement of facts somewhere? something that both the Defense (or SA) and the State agreed on? I would be interested in reading that if it's out there.

    I do think that it coming after the rape conviction would have some bearing on his or his lawyers decision on how to plead on this case, especially if it meant it was a concurrent sentence. IMO



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