Evidence "Inexplicably Released" — Wisconsin Attorney General Josh Kaul Defends Concealment in Filing; Famed Wrongful Conviction Attorney Zellner Signals New Disclosure of State Deception This Week

The work of wrongful conviction attorney,
Kathleen Zellner will likely lead to the exoneration
of two innocent men. A second-order consequence
of Zellner's work is the exposure of the most
spectacular law enforcement scandal in
Wisconsin history that could ultimately lead
to the downfall of Wisconsin Attorney
General Joshua Kaul (D).

Updated: Madison, Wisconsin — Wisconsin Attorney General Joshua Kaul (D) is trying to stop the exoneration of Steven Avery, the wrongfully convicted man featured in Making a Murderer.

The state Dept of Justice's (DoJ) legal effort defending a police frame-up in post-conviction litigation is drawing howls across the world.

Calls abound for the DoJ to change its continuing concealment efforts in this litigation, agree to new DNA testing and change its conduct that appears unethical, and arguably criminal.

The post-conviction ligation is, State v. Steven A. Avery, Appeal Number 2017AP002288, now before Manitowoc County Circuit Court.

In its late-March legal filing, the DoJ argues procedural objections to Avery's charges of bad-faith evidence destruction, deceit, concealment and deception, all of which present Due Process questions, (Steven Avery legal filings; #Work with KZ, WBAY, WLUK).

Continuing its strategy of avoiding mention of charged state lawlessness in appellate court, the State's conduct now before County Circuit Court again appears striking in avoidance of the merits of Avery's charges that 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; among other allegations.

Commenting on the State's March 29, 2019 legal filing in Newsweek Magazine, Avery's post-conviction attorney, Kathleen Zellner, said:

Wisconsin Dept of Justice is painting itself into a corner
in its effort to keep innocent men in prison. "The State
is thumbing its nose at the appellate court once again,"
wrongful conviction attorney Kathleen Zellner told Newsweek
on April 2. "That court specifically ordered that the merits of the
alleged bone destruction be addressed. Rather than follow the
court's directive, the State has constructed a convoluted
procedural argument that defies logic or precedent."

'Of course the State cannot address the merits of Avery's claim, because it is blatantly guilty of evidence destruction. Its charade continues without the slightest inclination to discover the truth. Significantly, one of the culprits in the whole sad scenario authored the State's Response. Unfortunately, the citizens of Wisconsin are the recipients of this mockery of justice.'

Zellner’s last point refers to the DoJ litigation team and Thomas Fallon, who helped oversee the decision to return the alleged human bones to the Halbach family. Fallon wrote the state’s response, according to Zellner.

The post-conviction ligation is State v. Steven A. Avery, (Appeal Number 2017AP002288), now before Manitowoc County Circuit Court.

Before Zellner won her motion for a remand (sending back) the case to Circuit Court, Zellner argued in her Feb. 1 legal filing.

The [State] ... conveys an attitude of impunity for its past actions of withholding exculpatory evidence and its current action of continuing the concealment of its destruction of potentially exculpatory or useful evidence. ...

The State wants this Court to overlook the undisputed fact that 2 weeks ago, on December 28, 2018, when it filed its response to Mr. Avery's request for new DNA testing of the bones from the Manitowoc Gravel Pit, it never once admitted or disclosed that it had given the bones back to the Halbach family in 2011 without notice to Mr. Avery or his counsel. (Plaintiff-Respondent's Response in Opposition to the Petition to Stay the Appeal and Remand this Case to the circuit court, December 28, 2018, pp. 1-8). Instead, the State carried on its charade of concealment by claiming that Mr. Avery could voluntarily dismiss his pending appeal (pp. 1,2) (emphasis added).

The Court of Appeals agreed with Zellner, (Wisconsin Court of Appeals, Feb. 25, 2091).

The sheer multiplicity of law enforcement misconduct makes this litigation a spectacle.

Now, the deception of the DoJ attorneys in defending this miscarriage of justice threatens to become another spectacle, a la attorney state attorney Mark Williams leaving a Feb errant voicemail message to Thomas Fallon plotting how to mislead Zellner.

And Fallon along with state attorney Norman Gahn not only worked together to illegally destroy evidence, the two DoJ attorneys are now writing legal filings opposing Zellner's March 11 call for a reversal or new trial.

Zellner claims convincingly to have uncovered at least six Brady violations committed by the prosecution, any one of which could result in a new trial or reversal.

Stay tuned this week:

Avery Update: The court will be hearing from us this week. The deeper we dig the more deception we uncover. I guess they do not realize the whole world is watching. ⁦@lifeafterten⁩ ⁦@michellemalkin⁩ ⁦@Newsweek⁩ ⁦#MakingaMurderer https://t.co/EGXlKYwY8o

— Kathleen Zellner (@ZellnerLaw) April 7, 2019