Colborn sues Netflix

Discussion in 'Netflix Series: Making A Murderer' started by missy1974, Dec 17, 2018.

  1. missy1974

    missy1974 Well-Known Member

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  2. proudfootz

    proudfootz Well-Known Member

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    Does this mean new depositions of principles in the investigation and prosecution of Steven Avery?

    Will discovery include phone records and other relevant documents?

    Stay tuned!
     
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  3. missy1974

    missy1974 Well-Known Member

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    I read the lawsuit quickly last night..... my first impressions without doing a lot of reading about it...

    Colborn seems to be angry and suing over something that not Netflix or the makers of the show did, but something that was brought up in court back in 2007. Strang and Buting basically outright accused him of planting the key and finding the RAV4 before the 5th. SA's civil lawyers accused him of knowing more about the phone call back in the 90's in regards to the 'wrong person being in jail' and Strang and Buting brought that up as well. The film makers just showed it to us. I get that they may have edited things, but it doesn't eliminate the substance of the questions/answers. IMO

    Then Griesbach adds in the things MaM missed... uhmm this isn't a Kratz book lol It seems silly and more of a publicity thing than anything else.

    On the bright side, if the lawsuit gets anywhere, Colborn will have to answer questions that could be pertinent to this case. Prove when he called in the plates. Prove it wasn't the 4th. Prove that he shook that cabinet and the coins on top didn't move. I thought defamation was about lying and he would have to prove they didn't lie about him, I'm not sure he can. Again, JMO
     
  4. proudfootz

    proudfootz Well-Known Member

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    More publicity for the documentary, more chance people will become aware of some of the issues at stake.
     
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  5. Saul Vesalot

    Saul Vesalot Active Member

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    Oh yeah. Colburn is probably going to lose this.
    from the article Missy posted

    The "malice" aspect is one hell of a hill for them to climb. Legally speaking, malice is not hatred or anger. It is acting intentionally to do damage in direct contradiction or utter disregard to facts.
    The MaM crew would have to say Colburn planted stuff while knowing he absolutely didn't, or there was very good evidence he did not plant things.

    Proving malice is practically impossible unless they get communications from the MaM crew showing them saying things like "We know Colburn didn't plant anything, but F--- that guy. He sucks." The editing of the video probably doesn't amount to malice.


    That might be true, however, you typically also have "public interest" parts of defamation laws.
    From my source below.
    A major murder investigation and possible police corruption is probably a matter of public concern.

    This is the heart of a defamation case. But you have to show actual damages, usually in the form of loss of money.
    "I had to be careful" is not damages.
    He'll have to prove he lost wages or got passed over for promotions precisely because of MaM, which is another steep hill and opens his finances, internal police reviews, etc. to discovery. He is potentially exposing himself severely with this suit.

    Stuff Avery supporters have done can't be blamed on MaM.


    Honestly, the only place where I see that MaM maybe opened themselves up for a defamation lawsuit is the splicing of the trial footage, which is really weak tea. None of the splicing is necessary to convince anyone the key was planted, or that he called in the license plate because he was looking at it. Taken by themselves don't really lead one in that direction very strongly, IMO.

    The issue of whether this editing by MaM biases people more than Avery's lawyers straight up saying Colburn planted stuff will come up and be a hard argument to make. And I think they would have to make that argument. How does Griesbach know it was the editing that led people to believe in the planting and not Strang and Buting?

    Steven's lawyers do pretty much all of the lifting in MaM in arguing a case for planting, and most of that was done within the courtroom in an "official hearing". Which is generally excluded from counting as defamation.
    See my defamation source below:

    The lawsuit document contains too much nonsense to respond to fully, so I'll probably not even bother. The number of factual errors could end up being a difficulty for Colburn and Griesbach.

    Here is a good summary of how defamation works.
    Defamation | Digital Media Law Project

    On top of everything else documentarians usually are conferred the same broad First Amendment protections as regular journalists. So even if a judge finds that MaM may have stepped over the line, they may hesitate to rule very harshly to avoid stifling free speech or journalism as a whole. So even if Colburn does somehow win, he could bankrupt himself and just expose himself to more criticism and scrutiny.

    I think the most likely scenarios are Netflix will settle out of court for a relatively small amount just so they don't have to put up with the hassle, the judge will just dismiss it summarily, or that the judge will rule in MaM's favor. In that order.

    Maybe Netflix will fight it all the way so the info they get out of Colburn can be used in MaM3 or 4.;)
     
    Last edited: Dec 21, 2018
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  6. proudfootz

    proudfootz Well-Known Member

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    RSBM

    Season 3 looks like it will have a lot of interesting material.
     
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