Jun 12, 2019

Wisconsin Judge Sutkiewicz Leaves Steven Avery's Legal Team Guessing

A rally is scheduled for Steven Avery and Brendan
Dassey at the Manitowoc County Courthouse
on June 15, 2019 from 11 am to 3 pm
Madison, Wisconsin—A Wisconsin circuit court judge, Sheboygan County Judge Angela W. Sutkiewicz (substituting), has apparently adopted stalling and secrecy as a new tactic to sabotage the post-conviction litigation of an innocent man.

Not even litigants in the Steven Avery legal quest for exoneration know the judicial calendar, which in Sutkiewicz' court is a secret, a departure from the judicial norm in which litigants agree to or know a procedural calendar.

A tweet this morning from Avery's legal advocates, (not his attorneys) reads, "Since the 90 days has already passed, either the judge has decided to take more time OR she doesn't have a deadline at all and she'll rule on it when she feels like it."

The latest communication from Avery's legal team makes guesses, educated "conjecture" about what's next in the team's communication on its website.

Sutkiewicz' conduct has resulted in one of the most experienced wrongful conviction legal teams working without knowing the next procedural step.

The Feb 25, 2019 appellate court order mandating "any proceedings necessary to address [Avery's] claims" points to a hearing.

No such proceedings have been ordered to this date.

Steven Avery is featured in the Emmy-winning documentary, Making a Murderer.

Attorney General Joshua Kaul (D), heading Wisconsin's effort to keep an innocent man in prison, has the discretion to accede to Avery's requests for transparency and open examination of evidence and state misconduct without a judicial hearing or order.

From the June 11, 2019 communication from Steven Avery's legal team, the WorkwithKZ team:

Awaiting ruling from Circuit Court

Update June 11, 2019: The CoA [Court of Appeals] gave [attorney  Kathleen Zellner] a deadline to file but did not specify a deadline for the Circuit Court judge to rule.  Standard procedure and Supreme Court rule dictate 90 days from the completion of the filing (petition plus any responses and/or replies).  That may or may not apply in this instance.  Since the 90 days has already passed, either the judge has decided to take more time OR she doesn't have a deadline at all and she'll rule on it when she feels like it.

(I'm leaving the previous information below for everyone's reference.)

Update June 9, 2019: If we do not see a ruling filed on Monday, June 10, we're probably looking at a new deadline of Monday, September 9.

Explanation for that: The only expectation of information we can give you is mostly conjecture. A lot of this is dependent upon unknown factors like whether or not she's accepting the response and reply. It's not likely that the judge will grant the hearing at this point. We believe she would have granted it already to get it on her calendar if she was going to do that.  If she's not granting the hearing, she's probably not going to accept the response and reply.  If she tells the chief judge she's taking more time, we will have no indication of this. So, if we do not see a ruling filed on Monday, June 10, she has likely decided to take another 90 days. Since she's probably not considering the response and reply, that would put the due date at Monday, September 9. 

An excerpt of a letter from Steven Avery posted on
advocates' site on Facebook.
Advocates for Steven Avery are growing angry at the corrupt effort by Judge Sutkiewicz (substituting) who apparently reached a result adverse to Steven Avery in State v. Steven A. Avery, Appeal Number 2017AP002288 long ago.

But Sutkiewicz works backwards. Result first, then draft an order and opinion to support the position of corrupt Wisconsin law enforcement, an opinion that will, law enforcement and Sutkiewicz believe, prevail in appellate court for a time — a delaying tactic.

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