Computerized Simulation or Animation Allowed with Restrictions
The prosecution in the Avery case wanted to present a computer generated show and tell to display the vicinity where the remains of Teresa Halbach were located. The defense claimed that this was a simulation that does not accurately depict the area. There was also a problem with editorial content inserted by the prosecution.
The prosecution retorted that the presentation was an animation and inherently fair.
Judge Patrick Willis did finally allow some of the prosecution’s presentation but with rules. The judge believes that incorrect parts of the presentation can be explained away.
Ken Kratz, the special prosecutor, claimed there was no risk of a fairness problem. But, this was the same person who has consistently attempted to poison the jury pool. This is the person who made inflammatory claims based on a confession from Brendan Dassey that had not been confirmed at the time of Kratz’s PR stunt.
There are problems with the presentation. The defense pointed out that the interior of Avery’s garage is shown without the normal clutter.
An important point of this kind of presentation is that it is constructed solely for the purpose of conviction. Those involved will likely leave out pertinent information that does not support the prosecution theory. That is simply the nature of the beast.
I would like to believe that the criminal justice process is about seeking the truth. Unfortunately, this case, and others, is demonstrating otherwise.
The Post~Crescent has a map of the Avery property it its website. As far as it goes, there is useful information. When I look at satellite images of the area, I see a somewhat different view. For example, there are different roadways to get to the Avery Salvage yard. One is the entrance via Avery Road. Another is access from the Southwest.
There is also what appears to be a dike or ditch to the south of the Steven Avery house trailer and garage.
I will also be interested in what attempts investigators made to determine the path used to place Halbach’s vehicle on the Avery property. I would expect a thorough and competent investigation would attempt to work that out. Doing so at the time of the investigation would have added little to time and expense, but the potential yield is great.
Whether the prosecution presentation shows all this will be seen.
Will the animation be accurate? No. Will it mislead jurors? I don’t know. I hope that it is useful in sifting through facts. How much is used and under what restrictions is up to the judge. He can steer the trial toward guilt or innocence with his decisions.
by Brian McCorkle
in category Steven Avery
