Wisconsin law enforcement is a menace to humanity. |
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Madison, Wisconsin — Wisconsin law enforcement was displayed to the world in the Making a Murderer docu-series that shines a light on the malicious prosecutions of Steven Avery and Brendan Dassey.
There's the prosecuting attorney in both cases, ex-Calumet County district attorney Ken Kratz, who can no longer practice law in Wisconsin, and was chased out of office in 2010 after 10 different sexual harassment complaints came to light.
Now, Kratz lives on a public pension and defends himself against allegations of misconduct in his contradictory accounts of the 2005 murder of Teresa Halbach.
Ken Kratz' wife is a Trump-loving political rightwinger, just like Kratz. Leah Kratz publicly mocks and taunts Avery, innocence advocates, including atty Kathleen Zellner, for post-conviction litigation that points out in legal filings the state destroyed and manipulated evidence in plain violation of state law and Avery's Constitutional rights.
Writes Kratz this weekend:
One can garner much about the culture of east-central Wisconsin from this one tweet from an unhinged hick.Hey guys, Stevie’s still sitting in a jail cell 🙌🏻👏🏻🙌🏻👏🏻 #MakingAMurderer #MakingAMurderer2 Keep dragin ass, Kathleen. We love it! 😁😁— Leah Kratz (@LeahMarieKK) February 16, 2019
But lucky for Ken Kratz and his ilk in the Manitowoc and Calumet County sheriff offices, they have a friend they may not have counted on: Wisconsin's new Attorney General Josh Kaul (D).
Josh Kaul's office through co-counsel Mark Williams and Thomas Fallon is carrying on the crusade against Avery and Dassey with the same lack of ethics and regard for law that defined the tenure of Kaul's three predecessors in the Wisconsin Dept of Justice.
Writes Amelia McDonell-Parry in Rolling Stone this weekend:
Attorney Kathleen Zellner has filed a new letter with the Wisconsin Court of Appeals on behalf of her client, Steven Avery, accusing the Attorney General’s Office of 'trying to deceive' her and the Court about the status of key forensic evidence in the Making a Murderer case. Zellner’s letter, submitted on February 13th, is actually her second letter to the court in as many days; both letters supplement a January 24th motion that accused prosecutors of violating state law and Avery’s constitutional rights by destroying evidence. Zellner tells Rolling Stone that she has since learned that a key piece of evidence — suspected human pelvic bone fragments, which could exonerate her client — may have been destroyed as well. And, she says, prosecutors are 'obstructing' her efforts to find out. ...
On the morning of February 13th, Zellner received a voicemail from attorney Mark Williams, who is co-counsel on the Avery case alongside Fallon and Gahn. The voicemail and transcript were filed along with her February 13th letter, and provided to Rolling Stone and can be heard here. Williams appears to be under the mistaken impression that he’s leaving a message Fallon(.)
This message has done little to dissuade Zellner’s fears that the pelvic bone fragments have been destroyed as well. At the very least, Zellner tells Rolling Stone, the message strongly suggests that prosecutors aren’t certain that the bones are still in evidence.
'This is another first for me,' Zellner tells Rolling Stone. 'Many times I have felt that certain prosecutors were obstructing my efforts, but this is the first time a prosecutor has actually called my phone and left a message confirming that fact. It’s really very thoughtful of them.'
Zellner also believes that by destroying the bones, the State not only violated their own statute, they’ve also denied Avery his constitutional right to due process according to Arizona v. Youngblood. The 1988 Supreme Court decision requires proof that the State acted in 'bad faith' by destroying or losing evidence — it’s a very difficult standard to meet, but Zellner believes this case would qualify. Her January 24th motion asks for the case be remanded back to the Circuit Court so it can address these claims, both of which would all but require the court to overturn Avery’s conviction.
'They’ve been lying all this time about it — and they’ve been lying to the court,' Zellner continues. 'This whole concealment of what happened to the bones is really a way bigger issue than testing them even, because if they’ve been destroyed it’s a violation of their state statute. I don’t know if it’s a felony, but it’s it’s up there. And that’s what the court is grappling with.'
What Attorney General Josh Kaul should have done following developments in the preceding days is draft a letter to the Wisconsin Office of Lawyer Regulation, and chronicle what Kaul has learned the last three months; arrange a conference with the four appellate justices hearing post-conviction litigation; and admit to a pattern of breaches of ethics and state law.
Kaul had better be in consultation with an ethical advisor as well.
Wisconsin news outlets regard law enforcement misconduct as radioactive. And Kaul and law enforcement are arrogant, confident they get away with much misconduct in a lazy state.
But stay tuned. Despots usually think they're untouchable, but they are rarely correct in this assessment.
#WakeUpWisconsin #WorkWithKZ @GovEvers @WisDOJ exonerate Steven and Brendan then you can get to work on sorting out your corrupt police and prosecutors out!! Ken Kratz and co should be in prison NOT Steven and Brendan #FreeStevenAvery #FreeBrendanDassey https://t.co/LuUsUE7iaI— Paula Sampson (@PaulaPoolton) February 17, 2019
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