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Why Didn't Avery Testify? Not a Sign of Innocence


I'm not sure if Steven Avery is innocent or guilty (it's a very compelling case) but I will say that the fact Avery didn't testify in his own defense is a pretty good sign that he's guilty. Think about it - If you were truly innocent and you also knew that the prosecution's case was pretty strong - and it is strong, minus the rare circumstances we have here in which LE has a genuine motive to plant/manipulate evidence to convict Avery - wouldn't you testify in your defense? Wouldn't that be an easy decision? I know I would. Even if my counsel advised against it, I would overrule them and do it in a heartbeat. I'd be eager to have my side of the story be told - not just to rebut the prosecutor's story, but to tell my story for the first time. I don't even recall a discussion among Avery's lawyers about whether or not they should do it, which is a little strange (since other tactical decisions behind the scenes were shown on-camera). And I know legally, a jury can't use a defendant's decision not to testify against him, but from an objective standpoint of innocence vs. guilt, I think it's fair game for the rest of us. Thoughts? Was there anything said by Avery or his lawyers as to why Avery didn't testify?

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Pleading the fifth is more or less par for the course in a murder trial. Nothing unusual about that.



Working in the movie business since -92

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I'm not sure if Steven Avery is innocent or guilty (it's a very compelling case) but I will say that the fact Avery didn't testify in his own defense is a pretty good sign that he's guilty.

I don't see that at all. It's pretty standard for people not to testify on their own behalf, largely because it opens them up to all sorts of projection from onlookers based on their own preconceptions anyway. Those who already think someone is guilty will "see" all sorts of things in the person's demeanour or expressions or turns of phrase to "prove" their guilt. In no way does someone not taking the stand prove anything either way about their guilt or innocence.

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If I were guilty or innocent in his position I would not testify.

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