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How To Make A Murderer

How do you make a murderer? Well, given our nation’s history – it doesn’t seem too difficult. Let’s break it down step by step –

STEP 1: Find someone who may (or may not) fit the description of the crime

STEP 2: Interrogate and manipulate them until they submit to your demands

STEP 3: Withhold exculpatory evidence

STEP 4: Use this evidence to confuse and influence a jury

STEP 5: Convict

The popular Netflix series, Making a Murderer, has brought attention to the overwhelming police, prosecutorial and law enforcement misconduct often displayed by those who are called to “serve and protect” our nation.

The series was released on December 18th, 2015 – just 2 days after I graduated law school and received my Juris Doctorate degree. Criminal law is my passion and while pursuing my legal education I focused heavily on social and racial injustices. While studying for the NYS Bar Exam, I chose to watch the series, rather than sleep. (Anybody who has taken the bar knows that your day consists of two things – STUDY & SLEEP). I loaded up on caffeine and watched all ten episodes in two nights. My mind couldn’t wrap around what I was watching – I was glued to the TV and mildly obsessed with the prevailing injustices that were happening. The most shocking and disturbing part of it all: this wasn’t the first time law enforcement made a murderer and will likely not be the last.

In 1987, Walter McMillian, an African-American man having with no prior criminal record and known in the community as a hard-working gentleman, was convicted of murdering a white woman and sentenced to death. Walter’s conviction was solely based on the testimony of one white man, Ralph Myers – a known criminal in the community – who was awaiting trial for a murder he did in fact commit.  Ralph Myers was promised by law enforcement that if he testified against Walter, the death penalty would be off the table and in the alternative, he would receive life in prison. With that type of pressure, of course Myers - AGREED. There was NO physical evidence of the crime, NO DNA, NO motive and evidence that directly contradicted all of Myers testimony – yet and STILL, an all-white-jury in a predominantly white county convicted Walter. The prosecutor withheld crucial evidence from the defendant’s attorney and after six years on death row – Walter was released and exonerated in 1993. Ralph recanted his testimony and admitted that the entire story was a lie – coerced by the law enforcement agents of the county.

Prosecutorial discretion – “the power to choose whether and how to punish a person who has violated the law” – when abused is a threat to our society, nation and most importantly, our children.

Brendan Dassey, one of the stars in “Making a Murderer”, was an intellectually disabled 16-year old boy, when we “confessed” to assisting his Uncle, Steven Avery, in the rape, murder and dismemberment of Theresa Halbach. Brendan is noted for having an extremely low I.Q and taking special education classes while enrolled in school. Throughout the series, although Brendan’s confession was recanted and his story changed numerous times – two things remained consistent: his vulnerability and confusion. There was no DNA evidence to support Brendan’s theory and whatever physical evidence brought forth by the Prosecution was tainted by law enforcement members. Brendan is currently serving life in prison for the crime and efforts are currently being made to overturn the conviction.

 In 1988, Marty Tankleff, a 17-year old boy, confessed to stabbing and beating his parents after being subjected to intense police interrogation without an attorney or any parental guidance. When police arrived at the crime scene, the detective suggested that Tankleff was not “upset” enough and instantly identified him as the prime suspect in the case. The officer interrogating Tankleff told him that all the evidence pointed to him and even that one of his parents, before dying, named him as the culprit. All this information was, of course, fictitious. In Frazier v. Cupp, a United States Supreme Court Case – the court affirmed the legality of deceptive interrogation methods used by police officers (they can lie and tell you whatever they want to get you to confess!). 

Tankleff – terrified, distraught and having just lost his beloved parents, confessed to committing the murder. There was no physical evidence to link Tankleff to the crime – just his confession, which was rendered sufficient for the jury to convict and sentence him to life in prison. When DNA evidence revealed the true killer nearly twenty years later, Marty was exonerated in 2007 and decided to go to law school.

 Brendan Dassey and Marty Tankleff are examples of how easily an adolescent (as well as an adult) can be coerced or manipulated into confessing to a crime that they didn’t commit.

Friends, family and members of the community – the 5th amendment of our constitution provides that you “HAVE THE RIGHT TO REMAIN SILENT” - ANYthing and EVERYthing you say CAN and WILL be used against you in a court of law, that means, when you are in police custody – SHUT UP. Police tactics are persuasive and sometimes down-right evil, they are not your friends, your sentence will not be reduced if you comply with their demands, and you will not be going home afterwards. The pressure of being interrogated by a law enforcement member is intolerable for an adult – let alone a young teenager, whose behavior and temperament is similar to that of a child. It is not necessary for you to have been arrested and formally read your rights to be deemed “in police custody” – instead, the standard for determining whether or not you are being held in police custody is “would a reasonable person in the same circumstances feel like they could not get up and walk away?” – If an officer picks you up for what they often times refer to as “questioning” – you have the right, whether you are guilty or innocent, to REFUSE to answer any questions that may (and likely will) incriminate you in some manner. Any statements given while speaking to an officer, prior to receiving your formal warnings (being read your Miranda rights) or objecting to wanting a lawyer present, are deemed to be voluntary and given freely – and will be used against you in future court proceedings.

 Minors & young adults, these are the people that worry me the most. Our criminal justice is “supposed” to protect our children – law enforcement is supposed to employ methods that balance an interview subjects age against the other circumstances surrounding the case – including, but not limited to, the crime being alleged, where the interview is taking place, and whether a parent has been contacted. An adult interrogator has the mental capacity to brainwash a juvenile offender (or an intellectually disabled adult) and assist them in developing a fabricated account of what took place. This is not to conclude that any alleged disclosure brought forth from a child is unequivocally false – rather their testimony and confessions must be scrutinized considerably more carefully than that of an adult. The unfortunate and disheartening news is that a police officer is allowed to freely approach children and question them about their involvement in a crime – and they are not required to obtain permission before doing so.

 So, how do we prevent situations like Brendan Dassey, and so many others, from happening in the future – well, there is no easy answer to that question. My first and most important advice: EDUCATE YOURSELF!

If a child(or adult) is detained or arrested – the adolescent may request to call their parents, speak to an attorney, contact their school teacher or refuse to answer any questions. But a minor has to KNOW that they in fact do have that right.

Confessions are powerful and very persuasive evidence – often times impossible for a jury panel to ostracize. With the current events, I fear that our nation is taking steps backward instead of forward. Change starts with US – education is the key component to rectifying these prodigious circumstances of injustice. Our nation needs JUSTICE – COMPASSION – FAITH – HOPE! We have critical work in front of us.  

With Love,

Curly.Esquire

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I'm obsessed ! 😍😍😍😍

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Perm rod set success. 😊

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Brooklyn restaurant receipt reminds us that we have immigrants to thank for great food and service

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Ugh, I love how free she is

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Mindset a little different. Plans a little bigger. Love still the same. 💫 (at Washington, District of Columbia)

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I'm werking. #curlyesquire 🔥💫

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Curl beauties, what's your favorite hair products? I need some new goodies and I'm off to Target to risk it all! 😩😭😂😪

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This just made my day! Glad I was able to help someone. 🙌🏽🙌🏽🙌🏽

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“Transitioning from Fitting In, To Standing Out...”

“Your curly hair is unprofessional” – said a former colleague of mine, who sustains her non-existent curls by way of a relaxer, as I proposed the question “How should I wear my hair to court tomorrow?” 

I am a newly admitted attorney in the State of New York and I am ready to take the world by storm. I have a passion for JUSTICE and healthy, voluminous curls. I’d like to think that I can overturn a capital punishment conviction and still make it home for my weekly deep conditioned treatments.

I’ve always had beautiful healthy hair, my parents blessed me and I’m lucky to have never struggled with my edges. My hairstyles have been diverse and a direct correlation of my outgoing, blunt personality.

A week before I was due to be sworn in as an attorney, I asked all of my friends and family how I should wear my hair – straight or curly? I shouldn’t have felt the need to ask, but unfortunately, I did. Nearly every person I asked told me “your big curly hair is unprofessional” – and I was inclined to agree. My curls just feel…… out of place & inappropriate in the Courtroom. I further searched “unprofessional hairstyles” on Google. Nearly every single image revealed a beautiful African-American women with big natural kinky hair.

I must confess. My mind was made at that moment. I feared that a Judge or the other well-established attorneys in the room would stare at me in dismay if I wore my natural curls to court.

“Everyone will be so distracted by my hair that it will take away from my intellect, right?” - WRONG!

I recall an instance when I was working as an intern for a Judge, he pulled me to the side one morning. I had on a black loose-fitting suit, nude-colored pumps and a head full of curls. He told me that in this profession, it was best “not to stand out”. I instantly knew he was referring to my hair. Regardless of my reservations about the comment, I took his advice for what it was worth and never came back to my internship with my curls out.

There are things that we can and cannot control – we CANNOT control our hair texture, heritage, gender, ethnicity or race. But we CAN control our pursuit of education and our driven ability to exceed the expectations put in front of us.

As hard as I work to maintain these locks, I’ve worked 100x harder to become an attorney and fight for justice. I cannot accept the curly hair stigma because I know my intelligence far surpasses your naïve judgments regarding the texture of my hair. Up until recently, I refused to ever wear my hair curly in the professional world. My curly hair is often times unpredictable, loud, wild and courageous – it’s an honest expression of me. And that’s was makes me magical. I am not afraid of being different, I am afraid to be like everyone else. 

With Love, 

Curly.Esquire

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Thank you for this dope feature. #curlyesquire ✨💫

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Thank you.

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See how I achieved these bomb results for my wash & go :

1. Washed my hair with Cantu Beauty CoWash - I focus only on my roots when washing because I don’t want to strip the oils on my ends. 2. Used Isoplus Deep Conditioning Treatment and Pantene Curl Perfection (both under $6 each.. & yes, you can use inexpensive products and still get amazing results) 3. Wrapped my hair with an aluminum foil cap and sat under the hooded dryer for 30 minutes. 4. LIGHTLY rinsed the conditioner out my hair but being sure to leave a substantial amount of the product still in my hair 5. Sectioned my hair into 6 parts and generously applied Cantu Leave In Conditioner, Argan Oil ($5.99 @ your local beauty supply store) to each section 6. After the conditioner was evenly distributed, I used the Jane Carter Incredible Curls ($9.99 at my favorite hair product store: TARGET) and ran a small amount throughout my curls 6. Took a quarter size amount of argan oil gel ($3.99 @ your local beauty supply store) and also ran that through my curls. 7. I sat under the hooded dryer for 25 minutes. 8. Used my pick for the roots to add some volumes & like magic, these were my results.

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“My mom used to always push me to rock my natural hair. She was so frustrated with me in high school when I constantly covered it.”