The Docket

An unexpected confession casts doubt on Steven's role in the murder case, but the new suspect gives conflicting accounts of what occurred - oh and we are introduced to one of the worst criminal defence lawyers ever - Len Kachinsky. Kachinsky speaks to the media and opines that Brandan Dassey, his client, is 'morally and legally responsible' and public suggests a plea deal - all befor speaking Brandan. Meanwhile Steven Avery's lawyers wrestle with the ethical dilemma of how to deal with Kachinsky's incompetence. After Dassey's confession is inexplicably admitted into evidence Kachinsky extracts a confession from his own client and fights against Brandan's request for a new lawyer who believes in him. The prosecution says some crazy shit, the media foams at the mouth, and new questions are raised about possible police misconduct. So just a typical day in Manitowoc Wisconsin.

Things seemed to be going Steven Avery's way until they weren't. After 18 years in jail Avery's case was the driving force behind much need justice reform, the State was going to introducing a bill to compensate him for his wrongful conviction, and Avery's civil lawsuit against Manitowoc County and the police was gaining momentum. But when Avery becomes the main suspect in Teresa Halbach disappearance those who had supported him the most began to question his innocence. Avery's life is thrown into chaos when he is charged with Halbach murder. His guilt is presumed even by his closest allies, his civil suit collapses and the wheels of a potential wrongful conviction begin to turn, again. Episode 3 of Netflix's Making a Murderer raises important questions about the erosion of the presumption of innocence, the disparity between the rich and the poor, the necessity of expert legal counsel, and the police and prosecution's role in poisoning the fairness of the trial process through the media. This week we are joined again by special guest, former Supreme Court Justice and UN High Commissioner for Human Rights Louise Arbour (who shares a personal story about potential police misconduct). So a former judge, a defence lawyer, and former prosecutor - the dream team together again!

Just as things seem to be going his way, Avery finds himself at the centre of yet another criminal investigation in which he adamantly maintains his innocence. We’ll explore how the investigation was flawed from the start; how it’s clear that notwithstanding near irrefutable evidence of Avery’s innocence of the Beernsten assault, the Manitowoc County police still clearly viewed him as a violent criminal; how at best tunnel vision set in for a second time, or at worst the seeds of a second miscarriage of justice were deliberately sown.

Episode One of Making a Murderer tells the story of Steven Avery’s wrongful conviction for the brutal 1985 sexual assault of Penny Beernsten. An incontrovertible miscarriage of justice, Avery’s conviction led to his incarceration for 18 years before he was conclusively exonerated by DNA evidence and released. Avery’s 18 year-long saga, which could stand alone as a story worth documenting, is just the back story for what was to come as set out in the subsequent nine episodes.

Michael Spratt, Naomi Sayers, and Anne-Marie McElroy talk about the reporting of sexual assaults and violence against woman, the push to change the rules in court, and Netflix's Making a Murderer

This week I sat down with Gib Van Ert executive legal officer of the Supreme Court to talk about Star Wars and the law. In truth it is mostly just us geeking our about Star Wars: The Force Awakens - make it so.

With the Duffy Trial set to resume this month there is no better time to chat with criminal law professor and Duffy expert Peter Sankoff. Will Duffy testify? Will he win? What can we learn from the who cluster-duff? We almost get to the bottom of it all.

This week Leo Russomanno and Michael Spratt talk with Mark Bourrie, author of the best selling book Kill the Messengers: Stephen Harper’s Assault on Your Right to Know.

Carding has been described by Toronto Mayor John Tory as an "illegitimate" and "disrespectful". The issue in Ottawa has been met with shameful silence.

This week Leo and I sat down with Lee Chapelle. Lee served 22 years in prison. He beat the odds and despite the deplorable state of our prison system he turned his life around. Today Lee helps offenders reintegrate into society and provides assistance to individuals who are facing jail time. In today's political environment of parole reform based on electioneering Lee is a necessary voice. Lee tells it like it is - he literally knows the system inside and out. We talk jail myths and realities, the current sate of the jail system, and why government gets jail policy so wrong.