PASSAGE OF THE DAY: "Michael Peterson: Daily Beast refers to Netflix's 'The Staircase' as the True-Crime Epic of the Summer..."The Staircase's coup is access: Within weeks of the indictment, de Lestrade was granted extensive opportunity to film Michael and his attorneys, as well as inside the courtroom. His fly-on-the-wall material, when coupled with copious archival footage, crime-scene photos, and videos, and interviews with the prosecution team, lends the series an almost unbelievable degree of you-are-there proximity, allowing viewers to follow the case as it unfolds—to the point that, in one late episode, a scene with Michael is interrupted by a crucial phone call from Rudolf that sends the saga in an unexpected direction. By shooting from the very start, and being welcomed into the home and strategy sessions of Michael and his defense team, de Lestrade is able to present a comprehensive view of not only Michael and his clan, but of the tactical issues and complications raised by such a legal scenario."
POST: "Netflix's 'The Staircase' Is the True-Crime Epic of the Summer," by reporter Nick Schager, published by The Daily Beast on June 4, 3018. (Nick Schager is a NYC-area film critic and pop-culture writer whose work also appears in The Village Voice, Esquire, New York Magazine’s Vulture, Maxim, Complex and The A.V. Club.)
GIST: "Real-life mysteries often lack satisfying solutions, so it's fitting that, in this golden age of true-crime documentary television, The Staircase—and its fascinating criminal case—have now both been resurrected. Ahead of its time when it debuted on French (and then British and U.S.) TV in 2004-2005, French director Jean-Xavier de Lestrade's sprawling whodunit and legal thriller began as an eight-episode endeavor. Twice, however, it's been revived: in 2013 with an additional two parts, and now via three new installments courtesy of Netflix. At 13 total chapters (all of them premiering on the streaming service on June 8), it's a binge-watcher's dream come true: an absorbing epic that echoes its own subject matter—at first intriguing, then suspenseful and infuriating, and finally wearying and depressing, given what it has to say about the possibility of attaining justice and truth. The story, in its barest form, is a straightforward one. On Dec. 9, 2001, Vietnam veteran, novelist, and columnist Michael Peterson was enjoying an evening at his Durham, North Carolina, home with wife Kathleen, a corporate executive. According to Michael, after indulging in late drinks by the pool, Kathleen went inside, and when he followed a short while later, he found her lying in a pool of blood at the bottom of their staircase. Michael made a couple of frantic 911 calls in an effort to save her, but to no avail, and police immediately suspected—due to the large amount of blood spilled, and the multiple lacerations on her head—that Kathleen was the victim not of a tipsy fall or two (as Michael claimed), but of bludgeoning-to-death foul play. Murder charges were subsequently brought by District Attorney Jim Hardin, and Michael hired as his defense counsel David Rudolf. Meanwhile, his family splintered into two camps: in his corner were his siblings, his two biological sons Clayton and Todd (from his first marriage), and his two adopted daughters, Margaret and Martha; against him were Kathleen's daughter Caitlin and sisters Candace and Lori. "de Lestrade is able to present a comprehensive view of not only Michael and his clan, but of the tactical issues and complications raised by such a legal scenario." The Staircase's coup is access: Within weeks of the indictment, de Lestrade was granted extensive opportunity to film Michael and his attorneys, as well as inside the courtroom. His fly-on-the-wall material, when coupled with copious archival footage, crime-scene photos, and videos, and interviews with the prosecution team, lends the series an almost unbelievable degree of you-are-there proximity, allowing viewers to follow the case as it unfolds—to the point that, in one late episode, a scene with Michael is interrupted by a crucial phone call from Rudolf that sends the saga in an unexpected direction. By shooting from the very start, and being welcomed into the home and strategy sessions of Michael and his defense team, de Lestrade is able to present a comprehensive view of not only Michael and his clan, but of the tactical issues and complications raised by such a legal scenario." As it turns out, those were many, due to potentially damaging revelations that quickly emerged. The first was that, though he claimed his marriage to Kathleen was idyllic, Michael was bisexual, and, at the time of his wife's death, he was engaged in online chats with male prostitutes he hoped to meet for sex—something he had done in the past. To prosecutors, that demonstrated that Michael was a liar, and suggested that Kathleen might have perished after confronting Michael about his conduct (since his email correspondence with an escort was accessible on his computer on the night of her demise). Equally damaging, Michael and first wife Patty's close friend Elizabeth Ratliff—the mother of Michael's adopted daughters Margaret and Martha—had died at the foot of a staircase when they'd all lived in Germany in the 1980s. Elizabeth's passing had originally been deemed a natural one, caused by a brain hemorrhage. However, in light of Kathleen's fate, it was now used to imply that Michael might be something akin to a "stairway killer." The question of whether either of those bombshells should be admissible in court—or are just noise meant to prejudice a jury against Michael—are central to The Staircase, which slowly transforms into something more complex and expansive than merely a suspenseful account of Michael's innocence or guilt. Miring itself in case details (involving blood spatter, a missing fireplace poker, the absence of brain injuries, and faulty scientific experiments and DNA lab testing), de Lestrade's miniseries proves a moment-by-moment study of the problematic criminal judicial process. The nature of plea bargains, the argumentative angles a defense attorney must take, and judges and juries' susceptibility to misleading and/or false expert testimony is all touched on throughout the show. Whether it's hearing Rudolf explain how he'll argue on behalf of his client while not squandering his "reasonable doubt" advantage, or watching him dissect in court the prosecution's hypotheses—an increasingly persuasive undertaking—de Lestrade captures the multifaceted nightmare of Michael's circumstances with thrilling clarity."Considering that de Lestrade is mostly situated with Michael and his defenders, The Staircase is invariably weighted in his favor—a situation compounded by the fact that, the longer his ordeal goes on, the more likely it seems he wasn't responsible for Kathleen's tragic death. And by the time it picks up with Michael in 2011 (in Chapters 9 and 10, which aired in 2013), the series has just about forsaken any serious interest in the question of his culpability. Instead, in its final five-episode stretch run, it turns into an exposé about the lengths to which the state will go to win cases even when the facts contradict their suppositions; about the difficulty of convincing courts to recognize mistakes; and about how the legal system grinds everyone (defendants, family members, district attorneys and defense lawyers) down to a nub, such that ascertaining definitive truth becomes less important than just escaping the process itself with some semblance of freedom and sanity intact.Far more than just a riveting mystery about whether Michael Peterson is a killer, this expanded version of The Staircase is a warts-and-all portrait of the frustrating intricacies of the American judicial system, and the myriad infuriating and exhausting ways in which it inefficiently operates. Spanning sixteen years, it's a haunting story without comforting conclusions—except that in the end, to quote the Romeo and Juliet line that Michael says is his Shakespearean favorite, "Everyone is punish'd."
The entire post can be found at:
https://www.thedailybeast.com/netflixs-the-staircase-is-the-true-crime-epic-of-the-summer?via=newsletter&source=DDMorning
Read Wikipedia entry at the link below: "Appeal: On November 12, 2008, J. Burkhardt Beale and Jason Anthony, Richmond, Va. attorneys, who were now representing Peterson, filed a motion for a new trial in Durham County court on three grounds: that the prosecution withheld exculpatory evidence about a tire iron, that the prosecution used an expert witness whose qualifications are disputed, and that one juror based his judgment on racial factors. On March 10, 2009, Peterson's motion was denied by the Durham County Superior Court. Owl theory: In late 2009, a new theory of Kathleen Peterson's death was raised: that she had been attacked by an owl outside, fallen after rushing inside, and been knocked unconscious after hitting her head on the first tread of the stairs. The owl theory was raised by Durham attorney T. Lawrence Pollard, a neighbor of the Petersons who was not involved in the case, but had been following the public details. He approached the police suggesting an owl might have been responsible after reading the North Carolina State Bureau of Investigation (SBI) evidence list and finding a "feather" listed. Peterson's attorneys had determined that the SBI crime lab report listed a microscopic owl feather and a wooden sliver from a tree limb entangled in a clump of hair that had been pulled out by the roots found clutched in Kathleen's left hand.[15][16] A re-examination of the hair in September 2008 had found two more microscopic owl feathers.[17] Although Pollard did not speak of the theory to anyone else, the Durham Herald-Sun newspaper published an article ridiculing him, and discrediting his theory. Other media picked it up, propagating the Herald-Sun story, which was later criticized as inaccurate. Advocates of this theory assert that other evidence supports it, namely: the scalp wounds were tri-lobed and paired, consistent with marks left by talons, the feathers are similar to those on owl feet, cedar needles were found on her hands and body indicating Kathleen had fallen over outside shortly before entering the house, that her blood had spattered up the staircase rather than down, that her footprints in her own blood indicated that she was already bleeding before she reached the foot of the stairs, and that two drops of her blood were found outside the house on the front walkway along with a finger smear on the front door consistent with her pushing the door shut. Advocates also note that owl attacks on people are common in the area, with one victim stating that the impact was similar to being hit in the head with a baseball bat.[18] According to Pollard, had a jury been presented with this evidence it would have "materially affected their deliberation and therefore would have materially affected their ultimate verdict". Prosecutors have ridiculed the claim, and Dr. Deborah Radisch, who conducted Kathleen Peterson's autopsy, says it is unlikely that an owl or any other bird could have made wounds as deep as those on her scalp. However, Dr. Radisch's opinion was challenged by other experts in three separate affidavits filed in 2010. Dr. Alan van Norman wrote: "The multiple wounds present suggest to me that an owl and Ms. Peterson somehow became entangled. Perhaps the owl got tangled in her hair or perhaps she grabbed the owl's foot."[19] Dr. Patrick T. Redig, a professor of veterinary medicine at the University of Minnesota wrote: "In my professional opinion, the hypothesized attack to the face and back of the head resulting in the various punctures and lacerations visible in the autopsy photographs is entirely within the behavioral repertoire of large owls."[19] Kate P. Davis, executive director of Raptors of the Rockies, a western Montana education and wildlife rehabilitation project, wrote: The lacerations on Mrs. Peterson's scalp look very much like those made by a raptor's talons, especially if she had forcibly torn the bird from the back of her head. That would explain the feathers found in her hand and the many hairs pulled out by the root ball, broken or cut. The size and configuration of the lacerations could certainly indicate the feet of a Barred Owl.[19] Davis further noted that owls can kill species much larger than themselves and that it is not uncommon for them to attack people.[19] Despite interest in this theory among some outside advocates, no motion for a new trial was filed on this point in 2009. Retrial hearing: In August 2010, following a series of newspaper articles critical of the investigative tactics of State Bureau of Investigation agents, Attorney General Roy Cooper led an investigation, which resulted in the suspension of SBI analyst Duane Deaver, one of the principal witnesses against Peterson, after the report found his work among the worst done on scores of flawed criminal cases. T. Lawrence Pollard subsequently filed affidavits[22] to support a motion that Superior Court Judge Orlando Hudson order the state Medical Examiner's Office to turn over all documentation related to Kathleen Peterson's autopsy to Peterson's attorneys. However, Judge Hudson barred Pollard from filing further motions on behalf of Peterson because Pollard did not represent him. A new motion was filed in August 2010 by David Rudolf, one of Peterson’s original attorneys who acted pro bono in proceedings challenging the SBI testimony.[16][23][24] Deaver was fired from the SBI in January 2011, after an independent audit of the agency found he had falsely represented evidence in 34 cases, including withholding negative results in the case of Greg Taylor, a North Carolina man who spent 17 years in prison on a murder conviction based on Deaver's testimony.[25] A bloodstain-analysis team that Deaver had trained was suspended and disbanded. In the 2003 Peterson trial, Deaver testified that he had been mentored by SBI bloodstain specialist David Spittle, had worked 500 bloodstain cases, written 200 reports, and testified in 60 cases. During the retrial hearing, SBI Assistant Director Eric Hooks testified that Deaver had written only 47 reports. SBI agent David Spittle testified that he could not recall mentoring Deaver who, since completing a two-day training course in the 1980s, had testified in only four cases, the Peterson case being the third. The SBI cited the bloodstain analysis given in the fourth case as the reason for firing Deaver.[26] On December 16, 2011, Peterson was released from the Durham County jail on $300,000 bail and placed under house arrest with a tracking anklet. His release on bond followed a judicial order for a new trial after Judge Hudson found that SBI blood analyst Duane Deaver had given "materially misleading" and "deliberately false" testimony about bloodstain evidence, and had exaggerated his training, experience, and expertise.[27][28][29] Former North Carolina Attorney General Rufus Edmisten said that any evidence gathered after Deaver arrived at the scene might be deemed inadmissible in a new trial.........
https://en.wikipedia.org/wiki/Michael_Peterson_(murder_suspect)
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the
Charles Smith Blog for reports on developments. The Toronto Star, my
previous employer for more than twenty incredible years, has put
considerable effort into exposing the harm caused by Dr. Charles Smith
and his protectors - and into pushing for reform of Ontario's forensic
pediatric pathology system. The Star has a "topic" section which focuses
on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/cRead Wikipedia entry at the link below: "Appeal: On November 12, 2008, J. Burkhardt Beale and Jason Anthony, Richmond, Va. attorneys, who were now representing Peterson, filed a motion for a new trial in Durham County court on three grounds: that the prosecution withheld exculpatory evidence about a tire iron, that the prosecution used an expert witness whose qualifications are disputed, and that one juror based his judgment on racial factors. On March 10, 2009, Peterson's motion was denied by the Durham County Superior Court. Owl theory: In late 2009, a new theory of Kathleen Peterson's death was raised: that she had been attacked by an owl outside, fallen after rushing inside, and been knocked unconscious after hitting her head on the first tread of the stairs. The owl theory was raised by Durham attorney T. Lawrence Pollard, a neighbor of the Petersons who was not involved in the case, but had been following the public details. He approached the police suggesting an owl might have been responsible after reading the North Carolina State Bureau of Investigation (SBI) evidence list and finding a "feather" listed. Peterson's attorneys had determined that the SBI crime lab report listed a microscopic owl feather and a wooden sliver from a tree limb entangled in a clump of hair that had been pulled out by the roots found clutched in Kathleen's left hand.[15][16] A re-examination of the hair in September 2008 had found two more microscopic owl feathers.[17] Although Pollard did not speak of the theory to anyone else, the Durham Herald-Sun newspaper published an article ridiculing him, and discrediting his theory. Other media picked it up, propagating the Herald-Sun story, which was later criticized as inaccurate. Advocates of this theory assert that other evidence supports it, namely: the scalp wounds were tri-lobed and paired, consistent with marks left by talons, the feathers are similar to those on owl feet, cedar needles were found on her hands and body indicating Kathleen had fallen over outside shortly before entering the house, that her blood had spattered up the staircase rather than down, that her footprints in her own blood indicated that she was already bleeding before she reached the foot of the stairs, and that two drops of her blood were found outside the house on the front walkway along with a finger smear on the front door consistent with her pushing the door shut. Advocates also note that owl attacks on people are common in the area, with one victim stating that the impact was similar to being hit in the head with a baseball bat.[18] According to Pollard, had a jury been presented with this evidence it would have "materially affected their deliberation and therefore would have materially affected their ultimate verdict". Prosecutors have ridiculed the claim, and Dr. Deborah Radisch, who conducted Kathleen Peterson's autopsy, says it is unlikely that an owl or any other bird could have made wounds as deep as those on her scalp. However, Dr. Radisch's opinion was challenged by other experts in three separate affidavits filed in 2010. Dr. Alan van Norman wrote: "The multiple wounds present suggest to me that an owl and Ms. Peterson somehow became entangled. Perhaps the owl got tangled in her hair or perhaps she grabbed the owl's foot."[19] Dr. Patrick T. Redig, a professor of veterinary medicine at the University of Minnesota wrote: "In my professional opinion, the hypothesized attack to the face and back of the head resulting in the various punctures and lacerations visible in the autopsy photographs is entirely within the behavioral repertoire of large owls."[19] Kate P. Davis, executive director of Raptors of the Rockies, a western Montana education and wildlife rehabilitation project, wrote: The lacerations on Mrs. Peterson's scalp look very much like those made by a raptor's talons, especially if she had forcibly torn the bird from the back of her head. That would explain the feathers found in her hand and the many hairs pulled out by the root ball, broken or cut. The size and configuration of the lacerations could certainly indicate the feet of a Barred Owl.[19] Davis further noted that owls can kill species much larger than themselves and that it is not uncommon for them to attack people.[19] Despite interest in this theory among some outside advocates, no motion for a new trial was filed on this point in 2009. Retrial hearing: In August 2010, following a series of newspaper articles critical of the investigative tactics of State Bureau of Investigation agents, Attorney General Roy Cooper led an investigation, which resulted in the suspension of SBI analyst Duane Deaver, one of the principal witnesses against Peterson, after the report found his work among the worst done on scores of flawed criminal cases. T. Lawrence Pollard subsequently filed affidavits[22] to support a motion that Superior Court Judge Orlando Hudson order the state Medical Examiner's Office to turn over all documentation related to Kathleen Peterson's autopsy to Peterson's attorneys. However, Judge Hudson barred Pollard from filing further motions on behalf of Peterson because Pollard did not represent him. A new motion was filed in August 2010 by David Rudolf, one of Peterson’s original attorneys who acted pro bono in proceedings challenging the SBI testimony.[16][23][24] Deaver was fired from the SBI in January 2011, after an independent audit of the agency found he had falsely represented evidence in 34 cases, including withholding negative results in the case of Greg Taylor, a North Carolina man who spent 17 years in prison on a murder conviction based on Deaver's testimony.[25] A bloodstain-analysis team that Deaver had trained was suspended and disbanded. In the 2003 Peterson trial, Deaver testified that he had been mentored by SBI bloodstain specialist David Spittle, had worked 500 bloodstain cases, written 200 reports, and testified in 60 cases. During the retrial hearing, SBI Assistant Director Eric Hooks testified that Deaver had written only 47 reports. SBI agent David Spittle testified that he could not recall mentoring Deaver who, since completing a two-day training course in the 1980s, had testified in only four cases, the Peterson case being the third. The SBI cited the bloodstain analysis given in the fourth case as the reason for firing Deaver.[26] On December 16, 2011, Peterson was released from the Durham County jail on $300,000 bail and placed under house arrest with a tracking anklet. His release on bond followed a judicial order for a new trial after Judge Hudson found that SBI blood analyst Duane Deaver had given "materially misleading" and "deliberately false" testimony about bloodstain evidence, and had exaggerated his training, experience, and expertise.[27][28][29] Former North Carolina Attorney General Rufus Edmisten said that any evidence gathered after Deaver arrived at the scene might be deemed inadmissible in a new trial.........
https://en.wikipedia.org/wiki/Michael_Peterson_(murder_suspect)
