Showing posts with label Josh Kaul. Show all posts
Showing posts with label Josh Kaul. Show all posts

Sep 22, 2020

Wisconsin Attorney General Picks Cop Defender, 'Company Man,' to Review Probe of Killer Kenosha Cop

Update: Madison Police Chief Noble Wray's cops were vicious punks who knew that Wray always had their backs for whatever they did to the public. See Madison Bartender: 'The police almost killed this guy.'

Madison, Wisconsin — Attorney General Josh Kaul (D) signals he'll cover up Kenosha police misconduct in his announcement that he  chose a retired police chief to review the Dept of Justice investigation of Kenosha cop Rusten Sheskey's shooting Jacob S. Blake seven times in the back.

Kaul said he chose retired Madison Police Chief Noble Wray to review the DoJ mandated probe at the request of Kenosha County District Attorney Michael Graveley (D), (Wisconsin Dept of Justice).

Using Wray as a consultant puts a black face on the expected coming no-charge decision. The appointment of Wray follows weeks of the DoJ releasing shaded facts and half truths to justify a no-charge decision against the racist cop Sheskey.

Wray's Troubled Tenure

Wray served as police chief from 2004-13, overseeing the Madison Police militarization, including the notorious new normal killing-first policy that drove Mayor Paul Soglin to defeat in 2018.

Noble Wray's tenure includes his steadfast defense of the infamous 2012 police killing of Paul Heenan.

Wray specifically defended the racist cop Stephen Heimsness' killing of the innocent Heenan.

Writes Madison human rights activist, Amelia Royko Maurer:

Kenosha D.A. Gravely and AG Josh Kaul have chosen former Madison Police Chief Noble Wray to review the Jacob Blake investigative file. They’re doing this because they believe that Wray’s identity alone will pacify those within the Black communities of Wisconsin who have been protesting Blake’s murder. They are doing this so they can say “how can the exoneration of Blake’s murderer be racist if it was done by a Black man?”

While a nice man, Chief Wray is the least objective and impartial person they could have found for this review. He is a “company man” through and through. Let’s briefly review who Chief Wray is and some of what he did here in Madison.

Chief Wray clearly wishes to make a name for himself as a police oversight expert and so it makes sense that over the past year, Wray lobbied against the Civilian Oversight Board (that won’t employ former MPD officers) claiming it wasn't necessary since we have the Police and Fire Commission knowing full well the two are completely different entities with different functions and under different jurisdiction.

Chief Wray also tried to convince the Madison Common Council that the Internal Monitor (that can’t be a former MPD officer) was unnecessary and would cause friction between the chief and the mayor.  As two separate chiefs and one expert in civilian oversight put it “if the chief has nothing to hide, the have nothing to fear.”.  But Chief Wray had a lot to hide so it makes complete sense for him to have advocated against civilian oversight and objectively impartial oversight period.

Chief Wray was Madison’s police chief in 2012, when Paulie Heenan was murdered by then Officer Steve Heimsness. Wray, being anything but objective, exonerated Heimsness in the media a couple days after Paulie was murdered and a full month before the criminal investigation was complete. Half of the Madison Police Department thought Heimsness was going to jail but Wray told me 8 times (because I asked him 8 times) that he trusted our lives in Heimsness’ hands.  He refused to allow an external review of the criminal investigation. He found Heimsness to be honorable, honest and good. He said this knowing that Heimsness had been accused of hazing a female officer and lying about it - a case he was forced (by that same female officer, Sarah Mackasey) to reopen after exonerating Heimsness. Only then did he find 118 reasons to fire Heimsness including but murdering an unarmed man wasn’t one of them.
The list of Heimsness’s offenses include stealing, hazing, saying racist things, harassment, making statements about murdering people and hours before he murdered Paulie he wrote that he was "the right cop for the wrong job, no witnesses, no problem.”  Much of what  he got in trouble for was written on the police messaging system. His behavior and Wray’s negligence in oversight led to the destruction of an officer's job.

The Madison chief prior to Wray had a policy for reviewing the police messaging data system but Wray had discontinued it. He didn’t seem to oversee or manage much actually and any progressive steps towards shifting power away from punitive responses to restorative ones were ones that he was forced into.

Sometime in 2013, retired Captain of Training and Personnel Chief Maples called Wray out for failing to promote any BIPOC or women in general to meaningful positions. He had flanked himself with conservative white men and did little to make the department safe for anyone else. 

This all being said, we have a presidential election coming up, racism is a hot topic for the candidates and this is currently the most high profile case in the country. Also, Blake survived. Wray doesn’t take risks where the gain isn’t obvious to him and it is much safer for Law Enforcement, the AG, the DA to find an officer in the wrong if the victim is still alive and in this case, hiring Wray takes the pressure off of the DA and Kenosha’s Chief. Wray might have more to gain in finding the officer at fault but whatever decision he does make will be about what he has to gain from it and not justice, at all.

Other cops who worked in Wray's regime — Justin Bailey, Gary Pihlaja and Matt Kenny — later gunned down Ashley DiPiazza in 2014, and Tony Robinson in 2015.

Wray never issued a public statement objecting to any Madison police killings.

Noble Wray is putting on a show now; he will give his imprimatur to another sordid story of Wisconsin law enforcement.

The Wisconsin Dept of Justice Sept 21, 2020 press release is reproduced below:

UPDATE: Kenosha Officer-Involved Shooting
Sep 21 2020

KENOSHA, Wis. Wisconsin Attorney General Josh Kaul and Kenosha County District Attorney Michael Graveley today provided an update regarding the investigation of the officer-involved shooting (OIS) of Jacob Blake.

At DA Graveley’s request, AG Kaul has identified a consultant to review the investigative file and provide the district attorney with an analysis of the incident. DA Graveley and AG Kaul agree that having such an analysis prepared for the district attorney’s consideration will serve the interests of justice in this case. The consultant identified by AG Kaul, who is being retained by DA Graveley, is Wisconsin native and retired Madison, Wis. Police Chief Noble Wray.

The shooting of Mr. Blake has been vigorously and thoroughly investigated. At this time, the Wisconsin Department of Justice (DOJ) Division of Criminal Investigation (DCI) is in the final stages of its investigation, and it will soon provide the investigative file to Chief Wray. While investigative files from DCI’s investigations of OIS cases contain reports regarding the relevant facts, they do not contain charging recommendations.

The next phase in this case will be Chief Wray’s review of the file and preparation of his analysis. Chief Wray’s analysis will assist the district attorney in his review of the facts and their relationship with standard law enforcement practices as he makes a charging decision.

“At the request of DA Graveley, I have identified an independent expert who can help ensure a just outcome in this case,” said Attorney General Kaul. “Noble Wray is a longtime Wisconsin resident and a widely respected retired Madison Police Chief who has extensive experience in law enforcement, including experience at the national level as a police reform specialist for the U.S. Department of Justice.”

When DCI is the lead investigating agency of a shooting involving a law enforcement officer, DCI aims to provide its reports of the incident to the prosecutor within 30 days. In this case, the prosecutor has directed that those reports be forwarded to a consultant for review and analysis. Following review and analysis by the consultant, the prosecutor will confer with the consultant, review the reports of the investigation, and then make an independent determination about what charges, if any, are appropriate. If the prosecutor determines there is no basis for prosecution of the law enforcement officer, and no other circumstances prevent the release, DCI will thereafter make the reports available to the public.

DOJ has previously provided the following information:

On the evening of Sunday, August 23, 2020, Kenosha Police Department officers were dispatched to a residence in the 2800 block of 40th Street after a female caller reported that her boyfriend was present and was not supposed to be on the premises.

During the incident, officers attempted to arrest Jacob S. Blake, age 29. After the initial attempt to arrest Mr. Blake, Kenosha Police Officer Rusten Sheskey deployed a taser to attempt to stop Mr. Blake. When that attempt failed, Kenosha Police Officer Vincent Arenas also deployed his taser, however that taser was also not successful in stopping Mr. Blake.

Mr. Blake walked around his vehicle, opened the driver’s side door, and leaned forward. While holding onto Mr. Blake’s shirt, Officer Rusten Sheskey fired his service weapon 7 times. Officer Sheskey fired the weapon towards Mr. Blake’s back. No other officer fired their weapon. Kenosha Police Department does not have body cameras, therefore the officers were not wearing body cameras.

The shooting officer, Kenosha Police Officer Rusten Sheskey, has been a law enforcement officer with Kenosha Police Department for seven years. Kenosha Police Officer Vincent Arenas has served with Kenosha Police Department since February 2019, with prior service with the United States Capitol Police Department. Also present was Kenosha Police Officer Brittany Meronek who joined Kenosha Police Department in January of this year.

During the investigation following the initial incident, Mr. Blake admitted that he had a knife in his possession. DCI agents recovered a knife from the driver’s side floorboard of Mr. Blake’s vehicle. A search of the vehicle located no additional weapons.

Law enforcement immediately provided medical aid to Mr. Blake. Flight for Life transported Mr. Blake to Froedtert Hospital in Milwaukee.

DCI is leading this investigation and is assisted by the Federal Bureau of Investigation (FBI), Wisconsin State Patrol and Kenosha County Sheriff’s Office. All involved law enforcement are fully cooperating with DCI during this investigation. The involved officers have been placed on administrative leave.

DCI, along with the FBI, have completed the following as part of the investigation:

    Conducted 88 witness interviews,
    Collected 102 evidence items,
    Downloaded 28 videos for review,
    Issued 4 search warrants, and,
    Dedicated over 600 hours working on this case as of Saturday, August 29, 2020.

DCI is continuing to review evidence and determine the facts of this incident and will turn over investigative reports to a prosecutor following a complete and thorough investigation.

No additional details are currently available.

Please direct all media inquiries regarding this incident to DOJ.

Aug 30, 2020

Wisc DoJ, Kenosha Police Union Launch PR Campaign for Killer Cop as Press Descends on Kenosha

Message to National Press on Racists, Rusten Sheskey and Kyle Rittenhouse and Kenosha

Updated - Madison, Wisconsin — As the nation bears witness to the Kenosha carnage in advance of Pres Trump's Tuesday tour, some features bear notice: Wisconsin law enforcement: They lie; not just garden-variety lies, but mission-critical lies in the worst state to be black and brown.

Municipal, County, State Patrol, Capitol Police, Dept of Justice [Division of Criminal Investigation (DCI)] — multi-generational institutions perfect lies in police reports, statements at 'crime' scenes, press conferences, testilying, investigations of police conduct, defaming, bad-mouthing citizens (our brothers and sisters) and as we know, mayhem and attempted murder by police.

Name a situation in which a cop communicates and he will soon lie; no act is too petty or too vicious and inhuman for police here and candor will not precede or follow. Sever a spine, eviscerate a black man, it's all in a day's work for police who retreat to their cult, knowing their police union and in Kenosha, Democratic Party officials, will lay down cover.

The Kenosha Police union is in full-out attack mode against Jacob Blake, and you can bet they are not consulting anyone but police when they put out their propaganda.

Wisconsin is racist, certainly among the worst states in this all-American enterprise.

Kenosha stains the nation because its racists are more open about their antipathy of black people and ostentatious in their disdain for the press, civil liberties and human rights.

It's the way it is. Don't take my word, national press; seek background from Wisconsin criminal justice litigators and scholars, though it is not considered politic to state the above facts on the record. 

Better yet, ask anyone who is black in Kenosha, Wisconsin. If you're a journalist from out-of-state, literally walk up to any random black person anywhere and ask if police are racist and dishonest.

This is a bi-partisan misinformation project, apartheid and slow-motion Holocaust project, and of course Republicans are the worst statewide, not so in Kenosha. Democrats dominate City and County government, though the leading clown, the sheriff, is a Republican, like most cops.

Some of the primary law enforcement liars at work against truth and black people are, (in no particular order) heavy Democratic Party hacks:

Attorney General Josh Kaul (D) - This little turd is a particularly fetid example of a liar. By the way, this site is working with advocates for the wrongfully convicted Steven Avery and Brendan Dassey featured in the Emmy-winning Making a Murderer. Kaul abides blatant law breaking by his staff. With respect to Kenosha, Kaul's dept is already laying the groundwork for the no-charge against the racist Kenosha cop as the Division of Criminal Investigation (DCI) handles both public relations and crafting the case for why the racist cop should not be charged, discarding its statutory mandate to work as objective investigators. Kaul worked as federal prosecutor in Baltimore before moving back to Wisconsin. but Kaul sees no racism, and police can do no wrong, not in Baltimore, not in Kenosha.

Kenosha Police Chief Daniel Miskinis - Miskinis runs the police department as a white-power militia, under color of law, viewing with suspicion any citizens of a dark hue. Miskinis has already exonerated his police for maiming Jacob Blake, and for offering aid and comfort to the racist killer and aspiring cop, Kyle Rittenhouse. He instead blames curfew violators for being murdered by Rittenhouse. Human rights and civil liberties groups are calling for the immediate resignation of Miskinis and Kenosha County Sheriff David Beth.

Miskinis is hostile to the idea of liberal democracy and he enjoys the political support of Kenosha Mayor John Antaramian (D), a steady force against black people in a city that arrests church member in broad daylight for bringing water and food to this despicable bin of racists.

Kenosha County Sheriff David Beth - Like Miskinis, Beth fantasizes that black people should disappear and be warehoused away, as noted prominently in the Washington Post.

CNN reported on this racist, David Beth:

David Beth addressed reporters in January 2018 following the arrests of five people for shoplifting at a Tommy Hilfiger outlet store in Pleasant Prairie, Wisconsin, and a high-speed chase that led to their arrests.

At least four of the suspects were Black, according to jail records. The fifth suspect was a minor, the sheriff's department said in a statement.

'I'm to the point that I think society has to come to a threshold where there's some people that aren't worth saving,' Beth said at the news conference a day after the incident, according to CNN affiliate WTMJ. 'We need to build warehouses, to put these people into it and lock them away for the rest of their lives.'

Kenosha County District Attorney Michael Graveley will decline to prosecute Kenosha's racist cop Rustin Sheskey. For Graveley, Kenosha cops like Sheskey are one of theirs'.

Graveley, a racist who gets bi-partisan political support, loves prosecuting black people, but would never touch a cop, no matter how outrageous the conduct. (See, for example, Harvard Crimson and the absurd case of Chrystul D. Kizer).

When Gravely last ran for election, he fed his bi-partisan support, including from David Beth, to local media. From the Kenosha News:

Graveley, named last week as Wisconsin Prosecutor of the Year by Attorney General Brad Schimel, said he will run as a Democrat. In a bipartisan show of support, County Executive Jim Kreuser, a Democrat, and Sheriff David Beth, a Republican, both strongly endorsed Graveley.

Kreuser and Beth described Graveley as a strong advocate for crime victims and a friend of law enforcement.
Screw over enough black people, and law enforcement will make you prosecutor of the year here.

Then, there's the Kenosha Mayor John Antaramian, a Democratic Party pol, who provides cover and political support for the whole Kenosha mad-dog operation.  

Antaramian will never call for the resignations of the more open racists, Beth and Miskinis. They have a nice tax payer-funded game going and they watch each others' back, as they shoot black people in the back.

Kenosha County Exec Jim Kreuser
(D) will do nothing and say nothing to advocate for black folks and human rights.

Black lives don't matter here. Trump wants this news trumpeted, more loud chaos, more graphic death. Democrats want this reality quiet, warehouse blacks away, but do it quiet, make Kenosha look peaceful and friendly.

Don't look for police press conferences for candid anwsers, if Kenosha cops decide to actually conduct them in the face of mounting national ridicule.

May 30, 2020

Wisconsin Wants Innocent to Remain in Prison — Misconduct Looms

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 — Like a cop's knee crushing life out of a man, the state of Wisconsin is determined to keep an innocent man in prison, continuing a perverse crusade.

The Wisconsin Dept of Justice filed a new brief this week in the post-conviction litigation of Steven Avery, featured in the Emmy-winning Making a Murderer documentary (Newsweek).

The State brief demonstrates Wisconsin 'law enforcement' will do anything to prevent a new trial, or even an evidentiary hearing, that shines public light on the police and prosecutorial misconduct that remains key to keeping Mr. Avery behind bars — and by extension, another wrongfully convicted man, Brendan Dassey.

Avery and Mr. Dassey were convicted for the same 2005 homicide of Teresa Halbach in separate 2007 trials that featured two mutually exclusive versions of the killing presented to juries by a prosecutor with no credibility, a disgraced sex offender — Calumet County District Attorney Ken Kratz, (1992-2010).

No hearing on the evidence, no new trial, nothing to see here, is the position of the State taken in the brief.

Kratz claimed misconduct that forced him to resign from office in 2010 was committed because of uncontrollable impulses he suffered relating to medical conditions that include narcissistic personality disorder, multiple addictions and his assessment that he is a "dick." [This is not hyperbole.] Kratz resigned his suspended law license after a complaint by the editor of this website, Mal Contends, that accused him of fraud, (State Bar of Wisconsin).

Kratz has not publicly commented on when his medical condition began, and whether he was suffering from his mental illnesses during the Avery and Dassey prosecutions.

The State stands by Ken Kratz' prosecutions.

The case is State v. Steven A. Avery, Appeal Number 2017AP002288.

Avery's deadline for a reply is June 11.

After the much criticized investigations of Avery and Dassey, the fraud perpetrated upon two small-town juries, the post-conviction misconduct of the State and an obstinate county court abusing its discretion stand out as well (see Work with KZ).

Avery's attorney, Kathleen Zellner, commented on the development of the State brief to Kelly Wynne in Newsweek:

'Mr. Avery is not concerned about the State's brief. It demonstrates a poor grasp of the facts, uses boilerplate language and tries to erect every procedural hurdle to obscure the real issue that Mr. Avery suffered numerous constitutional violations that should result in an evidentiary hearing and/or a new trial,' Zellner explained via email.

The State will not address its own misconduct in post-conviction litigation and virtually ignores the many claims of law enforcement misconduct that the state has demonstrably committed.


In a March 2019 legal filing, the DoJ argues procedural objections, as well, including 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).

This May 2020 brief continues the State strategy of avoiding mention of charged state lawlessness in appellate court, eschewing 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:

'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 refers to the DoJ litigation team and Thomas Fallon, who helped oversee the decision to return the alleged human bones to the Halbach family, a scheme in direct contravention of Wisconsin statute.

So, in sum Wisconsin law enforcement has engaged in frame-up schemes, lies, misconduct and a stubborn determination to avoid even discussion of these matters in open court, as two innocent men suffer behind bars.

Apr 8, 2019

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:

Apr 2, 2019

Petition Demanding Corrupt Wisc Judge Step Aside Gets over 25,000 Sigs; Making a Murderer Case Developments Signal Renewed Hope for Wrongful Conviction Opponents

Update: See new Newsweek piece with comments by Kathleen Zellner.

Madison, Wisconsin — A new legal filing by Wisconsin Attorney General Joshua Kaul (D) frightened people around the world fighting for freedom for the wrongfully convicted Steven Avery and Brendan Dassey, featured in Making a Murderer (WBAY, WLUK).

The serpentine March 29 State filing is trademark Kaul: Hostile to truth, facts and circumstances that saw the State break Wisconsin law concerning evidence preservation, conceal evidence and lie repeatedly about the misconduct, even to the Court and opposing counsel, as part of Kaul's effort to keep innocent men imprisoned.

Advocates are recipients of a message this morning from attorney Kathleen Zellner, renown wrongful conviction fighter representing Steven Avery in post-conviction litigation.

The 11-word message that is posted on Twitter reads: "We reviewed the State's Response yesterday and it made us................SMILE."
Zellner has this post-conviction litigation gamed out. Her confidence is well-placed, and Kaul is not the first unethical prosecutor Zellner has faced.

The post-conviction ligation, State v. Steven A. Avery, Appeal Number 2017AP002288, has been sent back to Manitowoc County Circuit Court.
---
In other developments, the demonstrably conflicted, biased Sheboygan County Circuit Judge Angela Sutkiewicz who is hearing State v. Avery in Manitowoc County Circuit Court as a substitute judge is expected to reject a March 11 motion to recuse herself from the case.

Sutkiewicz knows she has no business anywhere near Steven Avery's litigation that now looks likely to result in exoneration. This is precisely why Sutkiewicz is refusing to budge from State v. Steven A. Avery, Appeal Number 2017AP002288. Sutkiewicz remains hostile to Avery.

Advocates world-wide began a petition in March demanding Sutkiewicz remove herself from the case, citing conflicts.

The petition has now garnered over 25,000 signatures.

The State argued extensively in its filing that Judge Angela Sutkiewicz need not recuse. The prosecution knows it's well-served by a corrupt judge.

Mar 26, 2019

Wisconsin DoJ Maintains Silence on Steven Avery Wrongful Conviction

Madison, Wisconsin — There is not a specific crime in the Wisconsin Criminal Code for a police frame-up committed for the purpose of wrongfully citing, arresting and convicting an innocent.

Police routinely engage in lying, character assassination and frame-ups in fabricating false police reports, testilying (purjury) and evidence manipulation.

But it takes a particularly insular, corrupt and self-entitled department to manufacture and destroy evidence for the purpose of a murder frame-up—Manitowoc County, for example. The Wisconsin Dept of Justice's Division of Criminal Investigation is another.

But for Wisconsin's top law enforcement official, there's nothing to see here.

Faced with the discredited work of the disgraced Calumet County District Attorney Ken Kratz (1992-2010) that resulted in the wrongful convictions of Steven Avery and Brendan Dassey, Attorney General Joshua Kaul (D) has chosen to defend Kratz and others' dishonesty, evidence concealment and destruction by first avoiding even a mention of these acts of state lawlessness in post-conviction litigation, and now engaging in silence before the Manitowoc County Circuit Court to which Wisconsin v. Avery has been remanded.

Kaul also chose silence when two appellate attorneys representing the DoJ were caught red-handed trying to deceive Avery's attorneys and the Court in an errantly placed phone call in February 2019.
Kaul has chosen silence because he cannot credibly defend lawlessness.

Mar 24, 2019

Making a Murderer—Hearing Will Focus on Conduct by Ex-DA, DoJ and Current Attorney General

Attorneys for the wrongfully convicted Steven Avery
will be afforded the opportunity effectively to put
the state of Wisconsin on trial for its conduct, per
the Wisconsin Court of Appeals. Feb. 25, 2019 order.
Innocence workers seek legal relief, likely to be granted or
conceded to at some point, by presenting the factual
record now directly in front of a judicial hearing
that the Dept of Justice worked to prevent.
Misrepresentations discovered in 2019, via a massive FOIA
document dump received in May 2018, are among the legion
of misconduct, deceit and state criminality used to keep
an innocent man in prison (p. 2. 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 III: A ruling handed down in August in Manitowoc County Circuit Court is an adverse ruling for Steven Avery, the protagonist and defendant in Wisconsin's Making a Murderer post-conviction litigation.

The ruling was widely expected. Judge Angela W. Sutkiewicz again failed to schedule any proceedings.

Yet, Sutkiewicz divined that the state destruction of evidence accomplished by a conspiracy that includes two of the DoJ attorneys now defending the conviction in post-conviction litigation was done in good faith, and what the state purported to be a murder victim's remains were not scientifically established as a murder victim's remains, hence the state may secretly destroy the evidence it believed are the remains of a murder victim, and the defendant has no recourse.

Absurd.

Writes Sutkiewicz: "The report of Deputy Hawkins indicates that he, Sergeant Investigator Mark Wiegert, Attorney Thoman Fallon and Attorney Norman Gahn removed materials stored in evidence, and released them to the Halbach family."

Corrupt judges like Judge Angela W. Sutkiewicz are a disgrace.

Can you imagine if Fallon and Gahn had to explain themselves as witnesses in open court? 

Wisconsin Attorney General Joshua Kaul continues to allow two DoJ attorneys who disregarded Wisconsin Evidence Preservation statute to work this post-conviction litigation, though their conduct is suspect and worth of a criminal investigation.

Update II: The Feb 25, 2019 appellate court order mandating "any proceedings necessary to address [Avery's] claims" points to a hearing after briefing at the circuit court to which the case has been sent back.

The Manitowoc circuit court has not set a timeline, a calendar, hence references here to the contemplated hearing use "to-be-scheduled."

The headline should be be changed to reflect the 'as-yet-ordered' status to clarify the hearing has not been scheduled (as noted) meaning not yet ordered.

The appellate court notes the case's "extensive history," that in this case means voluminous law enforcement misconduct that cannot be reasonably adjudicated at circuit court without a hearing, consistent with the appellate court's order of "necessary proceedings" to produce the appellate court's stated desired "ruling," (p. 3).

Updated - Madison, Wisconsin—The Wisconsin criminal justice system is working against an innocent man.

Not an unusual state of affairs in Wisconsin, but this case—featured in the Emmy-winning Netflix documentary Making a Murderer—promises to reveal a spectacular law enforcement scandal in a to-be-scheduled May hearing in Manitowoc County that the Wisconsin Department of Justice (DoJ) worked to prevent. [See Appeal Number 2017AP002288 for case history.]

Steven Avery, the twice-wrongfully convicted man, faces multiple Wisconsin law enforcement personnel engaging in misconduct.

Yet no members of Wisconsin law enforcement have stepped forward as whistle-blowers, out of a sense of decency, to simply state, framing Steven Avery is wrong.

Disgraced ex-District Attorney Ken Kratz

Avery's quest for exoneration is a legal war against the work of Ken Kratz, the disgraced ex-district attorney who is a sex offender (sexual harassment, and outright assault allegations), who can no longer practice law in Wisconsin because of a suspended license.

Former Calumet County District Attorney,
Ken Kratz, helped frame, and prosecuted
the wrongfully convicted Steven Avery, say
Avery's advocates. Kratz' law license
is suspended in Wisconsin.
Kratz' legal and personal reputations have taken such a beating that he is attempting to sell the Internet domain name of his private law office, Kratzlawfirm.

Kratz Law Firm, LLC [Entity ID K040945] dissolved in February 2012, according to records at the Wisconsin Dept of Financial Institutions (DFI).

As late as 2015, Kratz claimed to be doing business in private practice in Superior, Wisconsin, at Kratz Law Firm (Mal Contends).

A search of Wisconsin DFI records reveal no business entities registered to Kratz during 2015, or after Feb 2012.

This raises the question, why was Kratz claiming to do business as Kratz Law Firm, LLC, when state records reveal that no such business entity existed after February 2012?

Attorney General Josh Kaul 

No matter.

Attorney General Josh Kaul (D) has taken up defending Kratz' bad-faith prosecution.

Under the administration of Attorney General Joshua
Kaul (D), the Wisconsin Department of Justice (DoJ) refused
to address the merits of Steven Avery's characterization
of Wisconsin's post-conviction misconduct
DoJ bad faith, evidence destruction and suppression
— because the DoJ cannot credibly do so.
In under three months since assuming office, Kaul has presided over both committing and defending acts of evidence concealment and destruction, while misleading Avery's attorneys and state appellate justices (p. 2. 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).

Kaul proved anew Wisconsin Democrats are as complicit as Republicans in defending wrongful convictions, deflating hopes the Wisconsin police-prosecutor state is under serious challenge by reformists after the 2018 elections.

Notes Avery's attorney, Kathleen Zellner, 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.

Reads the Feb. 25 Court ruling in part:
The State’s objection does not address the merits of Avery’s claimed statutory and constitutional violations, and it has not responded to Avery’s supplemental filings alleging the possible destruction of evidentiary items which, it appears, the parties previously agreed to preserve.

The State suggests that the appeal is languishing and that if Avery wishes to pursue new claims outside the scope of the WIS. STAT. § 974.06 post-conviction orders presently on appeal, he could dismiss the pending appeal, or wait until its conclusion to file his new claims. As to the former, Avery understandably disagrees, aware that dismissing this appeal will preclude review of the underlying orders entered to date (emphasis added).
The State previously suggested to the Court in its Dec. 28, 2018 filing that Avery and Zellner drop their appeal without the state ever having "admitted or disclosed that it had given the bones back to the Halbach family in 2011 without notice to Mr. Avery or his counsel," notes Kathleen Zellner her Feb. 1 Reply filing.

The DoJ can be counted on to do its worst in this post-conviction litigation.

Wisconsin v. Steven Avery
(2017AP002288)

The DoJ improbably cleared Manitowoc County law enforcement, including District Attorney Denis Vogel, for the first wrongful prosecution of Avery (Amy Lehmann, Deb Strauss, Peg Lautenschlager. DoJ Avery Review. Dec 17 2003).

The DoJ's Division of Criminal Investigation's (DCI) Deb Strauss, co-author the 2003 review that cleared Manitowoc County en masse, was so eager to pin another violent crime on Avery, that when murder victim Teresa Halbach went missing, Strauss contacted Calumet County offering to investigate Avery.

What was Strauss doing?

Now, the DoJ under Attorney General Kaul's administration is engaging in its own misconduct in obstruction (Rolling Stone).

One wonders if Kaul will order a review of the second investigation and prosecution of Avery after the conclusion of Avery's post-conviction litigation.

Further subjects of a DoJ review should include the DoJ's own attorneys and the facts and circumstances of their conduct in the post-conviction litigation.

For Wisconsin law enforcement and adjudication of criminal justice, we are a nation of men and women, laws and ethics are optional.

In opposing post-conviction litigation by concealing evidence against Avery, (Making a Murderer), Wisconsin Attorney Josh Kaul (D) is offering polemics, pointless antagonism and the defense of apparent criminality and willful violation of constitutional rights and state law committed by Wisconsin law enforcement.

Kaul is delaying the inevitable, defending a miscarriage of justice and doing dishonor to Wisconsin.

I have lived in Wisconsin all my life, and I do not see the bottom, though Josh Kaul is dredging the filth of Wisconsin as he blocks, obscures and delays, motivated from a pathology only Kaul can truly explain.

Mar 3, 2019

Impact Tremors Hint at Coming Earthquake to Shake Wisconsin Law Enforcement and Legal System

I live on Avery Road, do you? Supporters of Steven Avery
and Brendan Dassey are legion in the UK.
Madison, Wisconsin — Would you help imprison a man whom you know to be innocent?

It's a question implicit in the Steven Avery and Brendan Dassey affair in Wisconsin, featured in Making a Murderer.

The answer is slowly corroding the pillars of Wisconsin law enforcement, because the law and many people across the world demand that no innocent be convicted and imprisoned.

The latest developments saw the Wisconsin Dept of Justice, led by Attorney General Josh Kaul, urge Avery to drop post-conviction litigation after hiding and then lying to the defendant and presiding state appellate Court about exculpatory evidence. Kaul has conducted post-conviction litigation deceitfully and writing legal filing that are in a word, snotty.

The Court was not amused and ordered Avery's case sent back to circuit court on Feb. 25, 2019 where effectively Wisconsin law enforcement will be on trial.

The political culture as a whole cannot perceive it yet, but the the foundations of the Wisconsin legal system are shaking.

Feb 26, 2019

Steven Avery's Win Gets Critical Court Hearing; But State Law Enforcement Conduct May End Up on Trial

Wisc Court of Appeals ruling takes under-stated jab at DoJ
Update: Anticipated County Circuit hearing was never ordered.

Update: See John Ferak's latest for updates on legal developments calling into question broad swaths of Wisconsin law enforcement.

Updated - Madison, Wisconsin — Kathleen Zellner represents the wrongfully convicted Steven Avery featured in the Making a Murderer docuseries.

Zellner filed an explosive motion Jan 24, 2019 seeking a hearing in circuit court because the Calumet County Sheriff's Office secretly transferred evidence, purported to be 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, subject to criminal investigations.

Yesterday, Zellner won her hearing.

The evidence Zellner and advocates have complied implicates multiple levels of Wisconsin law enforcement, widely regarded as guilty of an ad-hoc scheme to frame Steven Avery in 2005.

Wisconsin law enforcement has a partner — the Wisconsin Dept of Justice working to cover up crimes of law enforcement, and avoid the hearing ordered yesterday.

The DoJ has not performed ethically in post-conviction litigation. In fact, DoJ has been demonstrated as unethically scheming to mislead in litigation.

There is a significant point made in the Feb 25 Court of Appeals ruling that speaks to the DoJ's conduct.

Reads the Feb. 25 Court ruling in part:

The State’s objection does not address the merits of Avery’s claimed statutory and constitutional violations, and it has not responded to Avery’s supplemental filings alleging the possible destruction of evidentiary items which, it appears, the parties previously agreed to preserve.

The State suggests that the appeal is languishing and that if Avery wishes to pursue new claims outside the scope of the WIS. STAT. § 974.06 postconviction orders presently on appeal, he could dismiss the pending appeal, or wait until its conclusion to file his new claims. As to the former, Avery understandably disagrees, aware that dismissing this appeal will preclude review of the underlying orders entered to date. (emphasis added)
The State previously suggested to the Court in its Dec. 28, 2018 filing that Avery and Zellner drop their appeal without the state ever having "admitted or disclosed that it had given the bones back to the Halbach family in 2011 without notice to Mr. Avery or his counsel," notes Kathleen Zellner her Feb. 1 Reply filing.

The appellate court took Zellner's point.

Writes Zellner in part:

The State's response 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)

So, the Court of Appeals agreed with Zellner.

Now, in layman’s terms the state has "to explain why they gave to Halbach family quarry bones that KK [ex-Distict Attorney Ken Kratz] claimed at trial were non-human. KZ [Kathleen Zellner] wants to prove with new DNA technique they were TH [Teresa Halbach], as further proof she wasn’t burned at SA’s [Steven Avery's] property," (Twitter, Atty Jerome Buting, former trial counsel to Steven Avery, uninvolved in post-conviction litigation).
--
The Wisconsin Department of Justice does not want to appear in Sheboygan County Court, the jurisdiction to which the case has been sent back, to explain in a public hearing why the state violated state law in giving likely exculpatory evidence to the family of a murder victim.

But the DoJ has other trouble.

On Feb. 13, 2019, Mark Williams and Thomas J. Fallon, attorneys with the Wisconsin Dept of Justice, were caught red-handed continuing their pattern of lying and obstruction.

Red-handed as in DoJ co-counsel Williams attempted to phone DoJ Asst Attorney General Fallon on Feb. 13, and instead accidentally phoned Steven Avery's post-conviction attorney, Kathleen Zellner, and left a voicemail.

In Williams' voicemail message, Williams contradicted the DoJ's numerous assurances made since 2016 about the status of critical pelvic bones that Zellner wants to test with advanced DNA analyses.

Listen to the voicemail because it appears more deceitful and conniving than the transcription.

The voicemail is transcribed below:
Hi, Tom. This is Mark Williams. Um, I'll send you an email later today, but I don't think we should do anything or respond to her [Zellner] at all until tomorrow, uh, when we look into the bag and-and see exactly the pelvic bones are in there or not. Um, so I-I would not respond, uh, until we look into the bag, uh, tomorrow morning and then we can talk about it, uh, before we send a response. Thanks a lot. Bye.
The state has assured atty Zellner and the Court since 2016, that the state has possession of the pelvic bone, and now atty Williams is caught saying, he doesn't know.

There has been no explanation made public by the DoJ why they were telling the Court and Zellner one thing, and secretly telling each other the opposite.

Zellner did not hide her contempt for the DoJ's conduct in her filing of Feb. 13.

As the record of misconduct of police and prosecutors mounts, advocates are optimistic and Kathleen Zellner keeps pleading her case in legal filings.
Concludes attorney Jerome Buting, commenting on the appellate court's ruling:

Feb 25, 2019

Making a Murderer Defendant Gets Legal Win — Panel Sends Avery Case to Circuit Court to Hear Due Process and Evidence-Destruction Claims

Kathleen Zellner, depicted above in image, has shown
beyond serious dispute Wisconsin has framed, destroyed
exculpatory evidence, and secretly broken state laws, all
to convict and protect the convictions of two innocent
men. Zellner won a significant legal victory in
Wisconsin appellate court. Image from
innocence supporter, JamesBond 007, UK.
Updated Madison, Wisconsin — In a major victory for wrongfully convicted Steven Avery, the Wisconsin Court of Appeals, (District Two), has sent his case back to circuit court to pursue post conviction litigation pleading violations of due process and the state law mandating preservation of evidence in criminal cases.

The order means Avery can now appear through his attorney in a public forum to argue proven and willful violations of state law and the Due Process Clause by Wisconsin law enforcement should result in the vacating of his conviction or the reversal of his conviction.

The case is: State of Wisconsin v. Steven Avery, Case No: 2017AP2288.

Avery will plead his case in a hearing, but the state of Wiscosnin, law enforcement and especially the Dept of Justice will be on trial.

Avery through his attorney, Kathleen Zellner, has 40 days to present to the Circuit Court grounds for relief in an opening brief.

This development of remanding or sending back the case to Circuit Court has been opposed by the Wisconsin Dept of Justice which declined to argue Due Process violation and the destruction of the murder victim's bones by Wisconsin, but used procedural delaying tactics.

With this ruling, the State is forced into open court.

Reports Kelly Wynne in Newsweek: Zellner told Newsweek it's a big win for Avery. "The appellate court granted our motion to supplement the record with the evidence the bones were destroyed," she explained. "The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial. Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win."

Advocates and legal counsel cheered the development late Monday afternoon:

In late January, attorney Jerome Buting, Avery's 2005 co-counsel uninvolved in the post-conviction litigation, noted:
Avery along with Brendan Dassey are widely acknowledged to be innocent of the murder of Teresa Halback in 2005.

Yet, both men face a hostile Wisconsin Dept of Justice working to cover up crimes of Wisconsin law enforcement.

A Feb. admission by the state that it destroyed evidence by giving bones to the family of the murder victim is significant because, as Zellner told Newsweek, "This admission proves these bone fragments were returned to the family and it is undisputed there was no notice given to Steven Avery or his attorneys and that violates Wisconsin law, ... When any of these bones were returned to the Halbach’s Wisconsin State law and due process were violated. The State has confirmed returning many of the bones to the Halbach’s so the court should grant our motion to stay and remand."

Lawyers at the Wisconsin Department of Justice do not want to appear in open Sheboygan County Court, the jurisdiction to which the case is remanded or sent back, and explain why the state violated state law in giving likely exculpatory evidence to the family of a murder victim.

Updates coming as breaking story develops.