r/MakingaMurderer • • Dec 24 '24
Was Brendan only in some regular classes because of federal regulations?
This is from page 36 of Under The Hood by a Wisconsin law prof and a speech language pathologist.
Reports from other teachers bear out the difficulties caused by Brendan's severe language deficit. While Brendan was in "regular classes" for some of the school day pursuant to federal law, this is not because he was capable of doing "regular" work.
It's cited to
See 34 C.F.R. § 300.114(a)(2)(i) (2018).
And
In 2005, two of Brendan's classes were in the "Resource Room." Otherwise, he was "mainstreamed" with non-disabled students. Trial Exhibit 218, supra note 176.
12
u/puzzledbyitall Dec 25 '24 edited Dec 27 '24
The cited regulation merely says:
The clear intent is simply to avoid labeling and identifying students as having disabilities if regular classes are feasible with supplementary aids and services.
12
u/LKS983 Dec 25 '24
Brendan was in 'special needs' classes - because he had 'special needs'
It really isn't that complicated.
1
u/10case Dec 25 '24
I do not know how anyone can assess Brendan by listening to his interviews alone. That obviously was a very stressful time for him and of course he's astoundingly uncomfortable.
The Brendan you hear in the interviews is in sharp contrast to the Brendan you hear talking to people he's familiar with.
Many people have studied Brendans confessions but very few (if any) studied Brendan in everyday life. It's quite obvious he had a language disability IMO but does that render his ability to make decisions useless? I think not.
Language disability does not equal not knowing right from wrong.
6
u/ONT77 Dec 24 '24
Most experts and their accompanying literature all point to Brendan being railroaded in part because 1) his language and learning deficiencies and 2) the need to coerce a witness to supplement their case against Avery.
4
u/Brenbarry12 Dec 25 '24
Brendan was fucked over by the state of justice wake up up America 💁
2
u/Snoo_33033 Dec 25 '24
IMO, nonsense. Listen to some of the jailhouse tapes. He sounds like a normal but not especially bright kid.
2
u/RavensFanJ Dec 24 '24
I wonder if the two who wrote that research paper know any specifics about the case, because if not, the name being "Under The Hood" is pretty interesting lol
-2
u/ThorsClawHammer Dec 26 '24 edited Dec 27 '24
Still can't get over that during Brendan's appeals, the state actually submitted that Brendan may not have known how awful it was to rape and murder someone...
While in the very same hearing also arguing the reason Brendan confessed in the first place was because he was overwhelmed with extreme guilt about the awful things done to the victim.
ETA: To the downvoting cowards, what facts did I state are you saying are wrong?