The Aug 8 decision and order in online here.
But the adverse ruling from Sheboygan County Judge Angela W. Sutkiewicz (substituting) was long predicted by advocates for Mr. Avery, an innocent man framed by corrupt law enforcement and prosecuted by a sex offender, former Calumet County District Attorney Ken Kratz.
Judge Sutkiewicz was ordered in a Feb 25, 2019 state appellate court ruling to "conduct any proceedings necessary to address the claims raised in the supplemental postconviction motion ... ."
As no hearings were ever even scheduled, a reasonable reading of the denial is that Sutkiewicz simply ignored the appellate court ruling in this case.
Avery's attorneys, Kathleen Zellner and Steven G. Richards, filed a supplemental (additional) motion for relief, asking for a court order "reversing the judgment of his [Avery's] convictions and sentence and ordering 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).
The Circuit Court ruling and analysis are expected to be posted online at Work with KZ this weekend.
The Wisconsin prosecution is led by Attorney General Joshua Kaul (D) who has employed the legal services of corrupt state attorneys including Mark Williams, Asst Attorney General and Special Prosecutor Thomas J. Fallon, and Special Prosecutor Norman Gahn.
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).
A brief is expected to be filed with the Wisconsin Court of Appeals, District Two soon.
A quiet confidence among advocates remains now that the corrupt Judge Angela W. Sutkiewicz has issued her expected adverse ruling.
Sutkiewicz' decision appears rushed and less-than-scholarly; her logic less so.
Sutkiewicz writes it is not enough for the defense to allege exculpatory value of destroyed evidence, (p 8).
One problem with this reasoning is the state and prosecution also inferred the exculpatory value of destroyed evidence through the state's own conclusion the remains are the victim's, hence of potential exculpatory value.
In fact, DoJ attorneys Fallon and Gahn themselves believed that bones they conspired to give to the Halbach family are human. Fallon and Gahn write the bones were "inexplicably released" from the Calumet County Sheriff’s Department’s evidence control unit in their March 29, 2019 legal filing.
Sutkiewicz argues the remains of the murder victim's bones that the state illegally gave to the victim's family are not conclusively the victim just because the state believed so.
Asst Attorney General and Special Prosecutor Thomas J. Fallon, and Special Prosecutor Norman Gahn illegally conspired to destroy evidence, the victim's remains, and now the judge is ruling the state should profit from their illegal act.Judge AS💐decision on State's destruction of bones: Eisenberg didn't conclude with certainty Quarry bones were human, so they aren't victim's remains, even though State gave them to Halbach family as TH's remains. 🙄 Lots of assumptions made w/o hearinghttps://t.co/ycIiOwzEIm— Jerome Buting (@JButing) August 9, 2019
Writes attorney Kathleen Zellner:Looks to me like the decision is confirming that there's nothing identifying Teresa Halbach. They have ID enough to tell a jury it was TH to fight to put him in prison, but no ID in giving the same remains back to the family as he fights to get out? Halbach's bury chicken bones? pic.twitter.com/joUvqIsXJE— TickTockManitowoc (@TManitowoc) August 9, 2019
Avery update: We are thrilled to be returning to the appellate court after all of this time!!!!! #SilverLinings @lifeafterten @michellemalkin #MakingAMurderer2— Kathleen Zellner (@ZellnerLaw) August 8, 2019
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