03-04-2016, 10:07 PM #1
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:
- Acts of physical violence and threats by SA against his ex-wife, LA
- Acts of physical violence by SA against his girlfriend, JS
- 1982 Act of criminal cruelty involving the killing of a cat
- Act of recklessly endangering the safety of SM
- Prior act of being a convicted felon in possession of a firearm
- Sexual misconduct with MA
- Sexual misconduct with JAR
- Prior sexual history with JS
- 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
03-04-2016, 10:49 PM #2Registered User
- Join Date
- Oct 2009
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
03-05-2016, 04:59 AM #3
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.
03-05-2016, 05:00 AM #4
03-05-2016, 07:54 AM #5
#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.
03-05-2016, 10:28 AM #6
03-05-2016, 02:34 PM #7
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
03-05-2016, 06:16 PM #8
03-05-2016, 07:13 PM #9
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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