Obiter Dicta Issue 9 - January 18, 2016 | Page 13

ARTS & CULTURE Tuesday, January 19, 2016   13 Disturbing Justice: Netflix’s Making a Murderer Brings Justice Issues to the Spotlight - nancy sarmento My fellow peers were right in recommending Making a Murderer as an engaging and compelling docu-drama narrowing in on our perceptions of administration of justice. Netflix introduced the documentary in late 2015, just in time for law students to binge on the entire collection, post exam-stress and right before the new term. It seemed to be the consensus, at least among my peers, that Steven Avery is the harrowing example of how deeply a targeted abuse of power can harm in our society, compromising the administration of justice. Episode 1 of Making a Murderer chronicles the wrongful conviction of Steven Avery in the 1985 brutal attack and attempted rape of Penny Beernsteen. The series sets off by detailing the Avery family history: The family was not well received within the community of Minitowoc County, Wisconsin, viewed as non-conformist, troubled, dealing in “junk”, poor, and formally uneducated. The first episode makes explicit mention that Steven Avery’s IQ was restricted to about 70. By 23 years old, he fathered 5 children, the youngest of which were twins, born only days before Penny’s attack. Having seen her assailant’s face, Penny was able to provide police with identifying details, including eye-color, and build of her attacker, and some investigating officers supposed that the assailant was known to them, based on the description and the nature of the crime, as Gregory Allen, who was suspected for recent and similar crimes in the vicinity of Penny’s attack. Despite these suspicions and an abundance of evidence to the contrary, Steven, whose physical appearance was inconsistent with Penny’s initial descriptions of her attacker, was detained, and tried for the crime. Despite questionable evidence, and the evidence supporting Steven’s alibi, including multiple witnesses and receipts, Steven was convicted and sentenced to 36 years in prison. In the years that followed sentencing, the Avery family exhausted their resources appealing Steven’s conviction, each time without success. Steven’s mother sought to garner attention to the issue of the questionable conviction by appealing to media programs, again without success. The matter eventually became known to the Wisconsin Innocence Project which undertook various efforts in examining evidence such as fingernail scrapings and bodyhair. Initial efforts with the fingernail scrapings were unsuccessful in firmly eliminating Steven as the assailant, however, the subsequent investigation of the body hair revealed that Steven was not the attacker, and it was, as suspected by some officers 18 years back, Gregory Allen. Even more disturbing could be that within the archiv