Thats a common stance, folks a bit iffy about the Uncle (Avery) but completely know the kid (Brendan) is totally innocent.
The real "Keys" to this case though are two (2) simple things.
1.) Original Prosecution story was crime got committed in the Bedroom. Nature of Crime sees inescapable reality be that there would be physical evidence (Victim's DNA) present. None Found so D.A. changes story to say crime was committed in Garage. Same Deal...even worse actually. Garage is cluttered with years of Tractor Parts, Car Parts, machinery...stuff you'd find in a Garage at a Hillbilly Salvage yard...hundreds upon hundreds of scattered objects. Even cracked concrete floor. Again: Nature of Crime sees inescapable reality be that there would be physical evidence (Victim's DNA) present, impossible for crime to be committed in the manner that prosecution describes and which is the foundation of their case without Victim's DNA being present. Absolutely No DNA of Victim Found. Zero Nada None. Not even a speck.
Physically Impossible to have scrubbed every single speck of DNA from Garage. There is NO Crime Scene Technician on the entire Earth who could honestly testify that eliminating every single speck of Victim's DNA from a scene cluttered with hundreds and hundreds of objects such as this one was...would be even remotely possible.
2.) Just prior to the crime the County's Insurance company said that they would not pay out on any claim stemming from Avery's 18 years in jail (
for which the amount of $36,000,000 or 36 Million Dollars was being bandied about) because the Claim was due to willful malfeasance on the part of Law Enforcement (
because Sherrif's Dept & D.A. had knowingly done bad things which led to the claim) so the County would be on the hook for the entire settlement.
It was said that The County couldn't afford to pay that but chiefly and most crucially:
Some of that liability, potentially MIllions of Dollars, the very cops and D.A. and others involved would get assigned responsibiltiy for. They'd have to pay it themselves..personally.
Whatever the settlement...it wasn't going to be covered even in part by insurance.
They were going to be on the hook for it themselves. The County, The Cops & The D.A.
And there WAS going to be a settlement, that was totally inevitable, just a matter of how much.
With this convenient crime for which there is absolutely no evidence that suspect committed but instead there is ample evidence
of him being set UP FOR by the very same Sherrif's Dept. and D.A.'s office that were fixin' to go down HARD behind the potential $36,000,000 settlement, get disgraced and some of them even possible jailtime....
....all that went away.
No more depositions...no more Media reports about Law Enforcement role in wrongly jailing this guy for 18 years, no more $36,000,000 lawsuit.
His GF calls him twice, both calls recorded (
because she is in jail on DUI charges and calls from the jail are recorded) and in both phone calls its obvious from the accused's manner during those calls that he is not committing the crime he is accused of.
Both calls take place during the time when he would have had to been doing this horrible stuff,
to fit with the prosecution's timeline for him to be Guilty, and its obvious from his demeanor during both calls that he is not committing the crimes.
Date of the crime was directly before depositions that would have led to the large payout, as much as 36 million dollars, to the accused along with the disgrace and even possible criminal charges against The Sheriff and The original D.A. responsible for locking him up for 18 years behind a crime they knew he did not commit.
The guy was "famous", he was getting his picture taken with the governor, other politicians, appearing on Talk Shows, had a Crime Bill with his name on it enacted into law on the very day he supposedly did this crime and he was fixin' to get awarded Millions of dollars.
Which is more likely:
He threw that all away to do this crime, managed to completely scrub a crime scene TOTALLY of even the slightest HINT of the victim's DNA to where there is absolutely ZERO of her DNA present (a feat which even Crime Scene Technicians, Experts, say that they themselves could not accomplish....within the cluttered garage that has cracked concrete floor) but he leaves her vehicle in plain sight with 2 small spots of his blood readily visible and just 50 yards from a Car Crusher he could have used to pulverize her vehicle
or...
The Sherrif's Office and The D.A.'s Office that were on the doorstep of getting exposed for sending this guy to jail for 18 years when they knew full well he was innocent (and the guy who did it even confessed 10 years in to the guy's 18 year sentence and they were told of this but still let him remain in jail) , they'd be on the hook for Millions of Dollars their lives would be utterly destroyed, some of them might even go to jail themselves so...
they set the guy up so that they could end all these threats to them.
Which is what was accomplished.
Which of those two sounds more likely?
More possible?
Which of those two scenarios sounds like its most likely what happened here?
That a Hillbilly fixin to be rich threw that all away to brutalize a young woman while he calmly talked on the phone with his own gf and then he managed to accomplish the completely IMPOSSIBLE scrub every single fleck of blood and other trace evidence from a garage cluttered with Hundreds of objects (
despite being a simple Hillbilly he managed to scrub a Crime Scene so totally clean that even Crime Scene Techs say it'd be impossible) but then he left the MAIN piece of evidence in plain sight where it was sure to be found....
or...
Law Enforcement that was in deep deep trouble, in a really bad spot with a lawsuit for as much as $36 Million fixin' to crash down upon them and for some involved possibly even Jailtime....set the guy up?
It was Detective Lenk, one of the guys involved in wrongly imprisoning Avery
the first time around, one of the guys who might potentially get disgraced, jailed and be made party to having to pay the $36,000,000 settlement
that found the KEY for Chrissakes!
That found the Key in a spot that had been searched at least 4 times prior to his saying:
"Hey, Look. Theres a Key down here."
Key to the Victim's SUV and the key which, when tested,
had ONLY DNA from Avery on it and not even the victim's own DNA.
Yet Another impossibility. The girl had used that key for years.
This, that which is mentioned above this....the total lack of even a SPECK of DNA evidence supporting the charges save for that which was obviously (and clumsily) planted in the SUV...these things are only 1/4 (at MOST) of the existing evidence to support Reasonable Doubt.
Theres, like, a lot of stuff beyond this....erased phone messages from the Victim's Voicemail, testimony that Victim was being harrased by someone, FBI Shill testifying to results from a testing procedure that was no longer used but then "re-assembled" just to test evidence in this case...eyewitness testimony of the School Bus Driver that torpedoes the Prosecution's case...Detective Lenk not even supposed to BE taking part in the investigation due to Conflict of Interest and then he just "happens" to locate Key Evidence where had been exhaustively searched prior...
These cops....these people did not even do
a very good job with this setup.
I hope that this doesn't turn out to be yet another thing people make a fuss about and then forget about because these people should not be allowed to get away with this. Law Enforcement is suposed to exist to Protect Us. Not to frame us for Crimes we did not commit and destroy our lives.