Disgraced District Atty Ken Kratz Applauds Illegal Destruction of Evidence in Making a Murderer Case

Disgraced Calumet County District Attorney
Ken Kratz keeps in touch with the Wisconsin
Dept of Justice through the email of his
now-defunct law firm.

Updated - Madison, Wisconsin — Calumet County District Attorney Ken Kratz resigned in disgrace in 2010 following allegations that Kratz sexually harassed several women, including an assault claim alleging Kratz "had forcible sex with an emotionally vulnerable woman after previously prosecuting the woman," (Wisconsin Office of Lawyer Regulation v. Kratz (In re Disciplinary Proceedings Against Kratz)).

Nice guy, right?

But Kratz wasn't responsible for his conduct, Kratz pleaded.

Kratz' Narcissistic Personality Disorder, Sexually Compulsive Disorder and addictions to several drugs are the real culprits, Kratz wrote.

Such is the character of the man who perpetrated conflicting frauds upon two juries in the infamous frame-ups of Steven Avery and Brendan Dassey, featured in the Emmy-winning Making a Murderer.

Now, Kratz — who today still falsely claims to be an attorney in good standing in Wisconsin — is offering justification for the State's illegal destruction of biological evidence in 2011, a focus of Steven Avery's post-conviction litigation seeking reversal of his conviction and a new trial, (McDonell-Parry, Rolling Stone Magazine), (p. one. March 11, 2019 Supplemental § 974.06 Motion for Post-Conviction Relief Pursuant to State's Violation of Wis. Stat § 968.205 and Youngblood v. Arizona).

Update: [Kratz has now changed some of his social media profiles used to publicize his book to reflect the fact that Kratz is no longer practicing law in Wisconsin, a status that dates back for years. Kratz' license to practice law in Wisconsin is suspended and it appears Kratz will never practice law again in Wisconsin.]

Replying to a Steven Avery advocate criticizing the unethical Mantitowoc County Sheriff's Office involvement in the 2005-06 criminal investigation into Avery because Mantitowoc County was conflicted out stemming from a $36-million civil rights suit for the past wrongful conviction of Avery, Kratz wrote on Twitter last weekend:

I can’t believe I’m engaging with you...but somebody has to be the voice of reason. So here’s the question AC: AFTER Avery lost ALL of his direct appeals (and he had none left), how long should the state have waited before it returned the bones to the family??? 1 year? 2? 8????? 

The voice of reason in Wisconsin is Ken Kratz?

I can’t believe I’m engaging with you...but somebody has to be the voice of reason. So here’s the question AC: AFTER Avery lost ALL of his direct appeals (and he had none left), how long should the state have waited before it returned the bones to the family??? 1 year? 2? 8?????

— Ken Kratz (@Ken723Ken) August 17, 2019

Kratz' question is hyperbolic and rhetorical. His question concerns the illegal destruction of biological evidence in 2011 by Sergeant [now Calumet County Sheirff] Investigator Mark Wiegert, and DoJ Attorneys Thoman Fallon and Norman Gahn.

Both Fallon and Gahn were on the trial prosecution team against Avery; both illegally and secretly destroyed evidence, and both Fallon and Gahn are defending their conduct in appellate post-conviction litigation.

Fallon and Gahn argue that key evidence they helped destroy was "inexplicably released" from the Calumet County Sheriff’s Department’s evidence control unit in their March 29, 2019 legal filing, (p 13).

"Inexplicably released." This is an interesting formulation describing an illegal act that Fallon and Gahn committed.

As for Ken Kratz, the darling of Wisconsin Attorney General Joshua Kaul (D), here is some legal analysis for this voice of "reason":

The plain language of Wisconsin's Evidence Preservation statute reads: "... the law enforcement agency shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date." 

So, not one year, two years or eight years.