![\"Murderer](\"http:\/\/jolt.richmond.edu\/files\/2017\/03\/Murderer-netflix-pic-346x228.jpg\")
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By: Jenni Lyman<\/p>\n
The Netflix series, Making a Murderer<\/em>, influenced 275,000 viewers to demand President Obama to overturn Steven Avery\u2019s conviction.[1]<\/a> Avery\u2019s supporters believe he was framed by law enforcement and is innocent in the murder of Teresa Halbach.[2]<\/a><\/p>\n Avery\u2019s blood was found on the inside of Halbach\u2019s Toyota.[3]<\/a> The defense\u2019s theory is that police gathered the sample from a vial in Avery\u2019s criminal file and subsequently planted the blood.[4]<\/a> Armchair detectives cringed imagining the slimy detectives poking the vial to extract Avery\u2019s blood.[5]<\/a><\/p>\n Avery\u2019s defense team is comprised of two attorneys, Dean Strang and Jerry Buting.[6]<\/a> Strang believes the critical point in Avery\u2019s trial was the FBI test that discredited the linchpin of their argument–Avery was framed.[7]<\/a> In Strang\u2019s opinion, this fateful test was the turning point that shifted the proceedings in favor of the prosecution.[8]<\/a><\/p>\n What is this test and has the technology improved since Avery\u2019s trial?[9]<\/a> In sum, EDTA is the preservative the FBI tests for to see if the anticoagulant used for storing blood in vials is detected in the blood sample.[10]<\/a> Unfortunately for Avery, the test came back negative for any trace of EDTA.[11]<\/a> If the test came back positive it would prove the defense\u2019s theory that the blood was planted in Halbach\u2019s Toyota from the unassuming vial that sat dormant in Avery\u2019s criminal file.[12]<\/a><\/p>\n Speculation proposes the chemical was too diluted to be detected.[13]<\/a> As for improved technology, more experiments need to be conducted that replicate crime scene conditions to put the test to the test<\/em>.[14]<\/a><\/p>\n In the meantime, the defense could appeal on the [somewhat shocking] fact that at the time of Avery\u2019s trial, Wisconsin state law did not require a Daubert<\/em> test to admit expert testimony.[15]<\/a> The Daubert <\/em>test holds expert testimony to a higher level of scrutiny.[16]<\/a> Here, the EDTA test had not been done since the O.J. Simpson trial.[17]<\/a> The arcane test\u2019s bleak track record suggests it would not be admissible under a strict scrutiny test.[18]<\/a><\/p>\n In addition to the lack of the Daubert<\/em> test and equally abhorrent is the fact there was no pre-trial Daubert<\/em> hearing.[19]<\/a> The bonus of a Daubert<\/em> hearing is that it is conducted outside of the jury\u2019s presence.[20]<\/a> Here, the jury heard the damning evidence surrounding the test. So, the fetching defense was forced to scramble and convince the jury that the FBI\u2019s sloppy work was not reliable.[21]<\/a> Moreover, it would be difficult to find an apt limiting instruction to cure such a jury.[22]<\/a><\/p>\n For now, Avery remains behind bars while viewers await an EDTA test fit to render justice.<\/p>\n <\/p>\n <\/p>\n [1]<\/a> See <\/em>Edward Helmore, Making a Murderer Spurs 275,000 Viewers to Demand Pardon <\/em>for Central Character, <\/em>Guardian (Jan. 9, 11:48 AM), http:\/\/www.theguardian.com\/world\/2016\/jan\/09\/netxflix-murder-whoddunit-petition (noting the White House later released a letter stating action must be done at state-level).<\/p>\n [2]<\/a> Id. <\/em><\/p>\n [3]<\/a> Id. <\/em><\/p>\n [4]<\/a> Id. <\/em><\/p>\n [5]<\/a> Making a Murderer <\/em>(Netflix television series Dec. 2015).<\/p>\n [6]<\/a> See <\/em>Jethro Nededog, The Moment When Everything Turned Against Steven Avery in the \u2018Making a Murderer\u2019 Trial<\/em>, Bus. Insider (Jan. 7, 2016, 3:11 PM), http:\/\/www.businessinsider.com\/making-a-murderer-edta-test-blood-test-2016-1.<\/p>\n [7]<\/a> Id. <\/em><\/p>\n [8]<\/a> Id. <\/em><\/p>\n [9]<\/a> Helmore, supra<\/em> note 4.<\/p>\n [10]<\/a> See <\/em>Jen Yamato, \u2018Making a Murderer\u2019 Defense Attorney Dean Strang: We May Represent Steven Aver Again, <\/em>Daily Beast (Jan. 7, 2016, 3:14AM), http:\/\/www.thedailybeast.com\/articles\/2016\/01\/07\/making-a-murderer-defense-attorney-dean-strang-we-may-represent-steven-avery-again.html.<\/p>\n [11]<\/a> Id. <\/em><\/p>\n [12]<\/a> Id. <\/em><\/p>\n [13]<\/a> Erika Engelhaupt, Are These Crime Drama Clues Fact or Fiction?<\/em>, Nat\u2019l Geographic, (Jan. 26, 2016), http:\/\/phenomena.nationalgeographic.com\/2016\/.<\/p>\n [14]<\/a> Id. <\/em><\/p>\n [15]<\/a> Yamato, supra<\/em> note 10.<\/p>\n [16]<\/a> Id. <\/em><\/p>\n [17]<\/a> Id. <\/em><\/p>\n [18]<\/a> Id. <\/em><\/p>\n [19]<\/a> See also <\/em>Fed. R. Evid. 702.<\/p>\n [20]<\/a> See id. <\/em><\/p>\n