|In Steven Avery's quest for a second exoneration of an apparent |
frame-up scheme by Wisconsin law enforcement, the State worked
successfully to block a hearing on its misconduct and numerous
Dem-led DoJ Champions Disgraced ex-DA and Sex Offender, Ken Kratz.
Wisconsin Appellate Court Delivers Political Decision on Police Frame-up Scheme before Mid-Terms
Paths remain for Avery to pursue Post-conviction litigation
Updated - Madison, Wisconsin — Steven Avery's quest for a second exoneration moved backward today as the Wisconsin Court of Appeals (CoA), Dist Two ruled against his request for a lower court hearing.
The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.
The ruling by a unanimous three-judge panel is a Court statement that the Wisconsin judiciary and Wisconsin Dept of Justice share a commitment to blocking paths to exoneration for clearly innocent people convicted, and behind bars.
With this ruling, Wisconsin joins the worst of states nationwide who work to keep innocent people imprisoned.
The ruling follows a spectacular development last April that saw witness Thomas Sowinski of Manitowoc swear in a statement that he saw the prosecution's key trial witness plant the murder victim's RAV4 vehicle on the property of the man convicted of homicide in 2007.
Wisconsin Democratic Party officials, Gov. Tony Evers and Attorney General Joshua Kaul, have made the political decision to work for law enforcement, including the disgraced ex-district attorney, Ken Kratz, against the wrongfully convicted.
So, it was expected in the innocence community that the Democratic-aligned appellate judges — Lisa S. Neubauer and Jeffrey O. Davis — would brush aside state misconduct and new evidence to politically support Gov. Tony Evers and Attorney General Joshua Kaul, who work against the innocent.
Both Evers and Kaul are running for reelection in 2022, and a scandal implicating Democratic Party elected officials would likely prove disastrous to the Party.
In order for the Court to reach its conclusion today, Democratic partisan judges who joined with Judge Paul F. Reilly had to overlook official misconduct, including evidence tampering, false testimony, multiple Brady violations and other suppression of critical information by all manner of law enforcement, including the state Dept of Justice.
The decision was met with wounded howls and derision by those who fight for the wrongfully convicted around the world.
But Avery's attorney, Kathleen Zellner, noted that there are paths still open for a clearly innocent man, even against a corrupt Democratic Party and Wisconsin judiciary.
Said Zellner in a social media post this morning, "Not deterred by the appellate court
decision—-it pointed out the specific doors that are still open for Mr.
Avery’s quest for freedom. We appreciate the careful review."
— Kathleln Zellner (@ZellnerLaw) July 28, 2021Still, the unmistakable message of the Wisconsin judiciary to the wrongfully convicted seems clear: Abandon all hope, ye who enter here.
In the face of the Dept of Justice working to block a hearing on new evidence, the Court decided that "Simply put, Avery’s appeal cannot continue indefinitely," in effect rewarding the DOJ for its stalling tactics, and denying Avery a hearing to argue against prosecutorial misconduct.
A glaring error of fact found in the #MakingaMurderer denial - the CoA inexplicably claimed bone fragments were found in Steven's burn barrel, when in reality fragments were found in the Dassey burn barrel. This court isn't even appropriately familiar with the facts of the case. pic.twitter.com/D7bTUgwHZJ— Making A Murderer - Need Less Things (@Presumed_Guilty) July 28, 2021
Today's ruling can be appealed to the Supreme Court of Wisconsin; another motion can made at the County Circuit Court level, in accordance with today's opinion.
But readers should make no mistake, the State of Wisconsin and the Democratic Party have worked to arrest, convict and keep imprisoned a man whom they know to be innocent.
In a very lengthy opinion, Steven Avery lost in the court of appeals today. But court said he can pursue new claims in a new motion if he meets legal standards. The fight for truth will go on.@ZellnerLaw #MakingAMurderer #FreeStevenAvery— Jerome Buting (@JButing) July 28, 2021
#MakingAMurderer— Eric Is Bananaman™ (@EricEatsBananas) July 28, 2021
Right, this is important.
If Steven can keep going then we have no excuse to wallow in defeat, we pick ourselves up, dust ourselves off and we go again, we continue to raise noise, we continue to research, we continue to put pressure on people.
Spoke to Steven today. He’s positive & looking forward to the next steps in the pursuit of exoneration. “I’m innocent, they can’t take from me. This is just a speed bump on the road to freedom” he said. Filing with the Supreme Court & other post conviction petitions are started. pic.twitter.com/jfGGFP1TK0— Mark Hoddinott (@hoddinottm) July 29, 2021