Feb 20, 2019

Wisconsin Admits State Gave Murder Victim's Family 'Many Bones' — Confirming Assertions Made by Wrongfully Convicted Man's Attorney

Kathleen Zellner, depicted above in image, has shown
beyond serious dispute Wisconsin has framed, destroyed
exculpatory evidence, and secretly broken state laws, all
to convict and protect the convictions of two innocent
men. Though disgraced jurists like Ken Kratz, Josh Kaul,
and many others characters employed by the Wisconsin
Department of Justice do not know it, the truth has a way
of coming out even in Wisconsin. Image from
innocence supporter, JamesBond 007, UK.

Cover-up Continues, as Attorney General Still Opposes Hearing on Destruction of Evidence


Madison, Wisconsin — The state of Wisconsin admitted that law enforcement and prosecutors secretly gave the family of murder victim Teresa Halbach her bodily remains, a 2011 illegal scheme that the state variously claimed is either delivery of animal bones or human bones.

The 2005 murder of Teresa Halbach and the frame-up of wrongfully convicted Steven Avery and Brendan Dassey are featured in Making a Murderer.

"The State has confirmed with us that they did in fact give 'many bones' back to [Teresa Halbach's] TH’s family. They have no proof they gave notice to SA [Steven Avery] or his attorneys = violation state law [and] due process," writes Avery's post-conviction attorney, Kathleen Zellner.

The admission is significant because, as Zellner told Newsweek, "This admission proves these bone fragments were returned to the family and it is undisputed there was no notice given to Steven Avery or his attorneys and that violates Wisconsin law, ... When any of these bones were returned to the Halbach’s Wisconsin State law and due process were violated. The State has confirmed returning many of the bones to the Halbach’s so the court should grant our motion to stay and remand."

Yes, the appellate court should grant the motion.

But lawyers at the Wisconsin Department of Justice do not want to appear in Sheboygan County Court, the jurisdiction to which the case would be remanded or sent back, and explain in a public hearing why the state violated state law in giving likely exculpatory evidence to the family of a murder victim.

It's unclear why the DoJ attorneys are worried.

Sheboygan County Court Angela W. Sutkiewicz is a prosecutor's judge.

Sutkiewicz will flack and cover for the state of Wisconsin. Even if a video surfaced with law enforcement discussing ways of framing Steven Avery, Sutkiewicz would rule, 'nothing to see here,' and this is no new evidence.

Sutkiewicz substitutes her affinity for prosecutors in place of neutral adjudication. To be accused means you have no rights, to be convicted means law enforcement can do no wrong, in what passes for Sutkiewicz' legal mind in Wisconsin.

In 2017, Sutkiewicz rejected Steven Avery's request for a trial made through his post-conviction attorney, Kathleen Zellner.

Sutkiewicz issued her ruling and opinion without ordering and conducting an evidentiary hearing on Kathleen Zellner's 1,200-page post-conviction motion, replete with expert forensic testimony and analyses.

"The judge criticized the defense conclusions as 'speculative' and based on 'interim opinions' by experts," notes Heavy. com.

On June 14, 2018, Avery through Zellner filed a motion for judicial substitution of Sutkiewicz, (Fox-11, Digital). The state of course objected to the motion for a new judge, (Fox-11 News).
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Sutkiewicz' court is a first procedural step for what in most states would already be a conviction that would have been vacated or reversed.

It's likely Kathleen Zellner has gamed out the procedural map dozens of steps into the future.

It's just as likely, should Avery's conviction not be reversed or vacated, Avery's case will eventually appear before the Wisconsin Supreme Court, where the population will learn what a Brady motion violation is, and why the state's Brady violations should also result in vacating the wrongful conviction.

Zellner's explosive motion Jan 24, 2019 seeking a hearing because the Calumet County Sheriff's Office secretly transferred evidence, the remains of a murder victim, Teresa Halbach, to private custody in 2011, in violation of state statutes that govern preservation of physical evidence collected, subject to criminal investigations is being adjudicated. So, we wait.
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In other developments, Avery advocates report that numerous Twitter accounts —  advocating DNA testing and law enforcement abiding by state law —  have been mysteriously shut down in actions apparently traced to persons close to the disgraced ex-district attorney and sex offender, Ken Kratz.

Kratz prosecuted Avery and Brendan Dassey, pleading two contradictory accounts of the same murder, in violation of Wisconsin ethical rules for prosecutors.

1 comment:

  1. Judge ‘Flowers’ Superwitch’s hatred of Steven Avery knows no bounds.

    ReplyDelete