Disgraced Wisconsin District Attorney Wants NYT v. Sullivan 'Overturned' Following Legal Defeat for Cop

Goya Here Comes the Bogeyman,
plate three from Los Caprichos.
Bogeyman do not like criticism
from citizens.

Crooked Cops Fly Together

Commentary

Madison, Wisconsin — Disgraced Calumet County District Attorney Ken Kratz resigned in 2010 following allegations Kratz sexually harassed several women, including a sexual 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)).

Kratz is also notorious for his crooked prosecutions of less than two years earlier from Kratz' harassment and assault, a time during which Kratz corruptly prosecuted two innocents featured in the Emmy-winning Making a Murderer (Netflix) docuseries. Kratz termed himself a "dick" for the assaults, not for the crooked prosecutions.

The "dick" blamed his narcissistic personality disorder and multiple drug addictions, after being driven from the district attorney's office after the allegations of sexual harassment and sexual assault came to light, after which he was driven from the Wisconsin legal profession altogether in 2019.

Steven Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide by Kratz for the 2005 murder of a young photographer, Teresa Halbach. Both men are serving life sentences in spectacular miscarriages of justice, supported by Wisconsin Democrats, the better to look tough on crime.

Now, a retired cop, Andrew Colborn, whom Wisconsin citizens say helped frame Steven Avery just lost a civil suit for defamation against Netflix. The case is Andrew L  Colborn v. Netflix, Inc,, et al,, case No. 19-cv-0484-bhl); and the case was dismissed on summary judgement.

The crooked prosecutor Ken Kratz has raised his head again after being driven from office, the law profession and the state of Wisconsin.

Kratz wants the landmark First Amendment case, New York Times v. Sullivan (1964) overturned.

"Shifting the burden to the defamed person to prove he didn’t plant evidence is, of course, an impossible standard. Courts continue to protect big media against any accountability for outrageous claims made in the name of entertainment. It’s time to overturn the NY Times vs Sullivan’s actual malice hurdle and recognize that real people, and their reputations, are being crushed in the process," the Wisconsin Law Journal quoted Kratz last week.

Kratz' statement follows plaintiff Andrew Colborn request to gut NYT v. Sullivan in a legal filing in 2019, a maneuver widely seen as Hail Mary call.

The core holdings of Sullivan protect rights of people in communities to criticize and hold accountable crooked public office holders Kratz and cops in east-central Wisconsin who routinely view with suspicion those citizens who fervently object to their conduct.

Colborn and Kratz are crazy.

Kratz lies whenever he speaks. He lost his career & reputation long before MaM, when he sexually harassed victims in cases he prosecuted & 15 women came forward. MaM just revealed his true character & his wrongful prosecution of innocent BD & SA. #Ibelieve15women #MakingAMurderer https://t.co/e7tGSnFJw6

— Jerome Buting (@JButing) March 16, 2023

New York Times v. Sullivan

In 1964, the New York Times and civil rights workers prevailed over tyrannical Montgomery police and its odious City officials at the United States Supreme Court, New York Times v. Sullivan .

Justice William Brennan writing for a unanimous court authored a defense of the liberty of the people against government tyrants, a principle that today stands as both an inspiring statement for liberty and a landmark declaration of the power of citizens over public officials.

Writes Brennan:

The First Amendment, said Judge Learned Hand,

presupposes that right conclusions are more likely to be gathered out of a multitude of tongues than through any kind of authoritative selection. To many, this is, and always will be, folly, but we have staked upon it our all. United States v. Associated Press, 52 F.Supp. 362, 372 (D.C.S.D.N.Y. 1943).

Mr. Justice Brandeis, in his concurring opinion in Whitney v. California, 274 U.S. 357, 375-376, gave the principle its classic formulation:

Those who won our independence believed . . . that public discussion is a political duty, and that this should be a fundamental principle of the American government. ... Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law -- the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed.

Thus, we consider this case [New York Times v. Sullivan] against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. (New York Times v. Sullivan).

Parable of Racist Police

To understand the power of Sullivan today, consider a recent example of racist Wisconsin police in which the DeForest, Wisconsin Police Chief Daniel Furseth was caught on video surveilling and mocking a group of black teenagers dressed for their high school prom, and stopping by an area restaurant, as was reported by a former police intern on YouTube in June 2018.

DeForest, Wisconsin Police Chief Daniel Furseth is a racist
cop who surveiled and mocked five young black men
in some faux black slang with a demeaning, racist and
derogatory narrative caught on video. Furseth was widely
criticized, resigning under fire before joining like-minded police
at the Town, not the City, of Madison, Wisconsin. Prior to
the holdings in New York Times v Sullivan (1964), public
officials like the Furseth could prevail in libel actions, pleading
libel per se against those such as the police intern who
published the video on YouTube. Wrties the whistle-
blower: "This is what the stupid, ignorant, and imbecilic Village
of  DeForest elects to be their 'Top Cop.' This is the racist
Chief of Police Daniel Furseth, who is much like the rest of
DeForest, poorly educated, socially intolerant, and completely
incompetent when it comes to federal law (you know
the one that trumps state and local law when it’s in conflict
with it). Only a redneck and backassward community like
DeForest would want someone like this as a Chief to keep the
black man out."

Observing the youths and commenting in mocking accent, Furseth said: "Okay, we is out on our dates. We got the bitches, we gonna get them, and we gonna give them food. I got my cane, I’ve gots (sic) my suit. Oh baby … Okay, boys, let’s go in. This is the fanciest restaurant we ever been to and it’s called the Steak ‘N Shake. (Laughter) Unbelievable."

A reader should listen to the 36-second clip on YouTube to get a full accounting of the malice and racism that most small-town Wisconsin cops know to keep under wraps. Furseth and his all-white police force really do not like black people.

In August 2018 came reports of four new counts of misconduct by Furseth, (WISC-TV).

Chased out of office, the racist Daniel Furseth was never heard from again, right? Wrong.

Furseth was quickly hired by the town of Madison, not the City, in October 2018.

An official with the town of Madison police department, not the City, confirmed by phone on August 14, 2019 that Furseth is still employed with the Town police, locally notorious for racism, harassment, bogus citations and misconduct.

Pre-New York Times v Sullivan (1964), or had American jurisprudence taken another direction, the Town, DeForest and Furseth may have enjoyed cause for civil action for my opining that Daniel Furseth and Town and Village officials are racist, ignorant pig-fuckers who should have their teeth kicked out.

The former police intern who blew the whistle on YouTube similarly might not enjoy protections for his commentary about the character of the DeForest, Wisconsin Police Dept in which Furseth rose through the all-white ranks to become chief in 2015.

The judiciary over the last 60 years has risen to become a refuge for civil pleadings from social movements working for those persecuted by the State — often the repository of lurid souls like Daniel Furseth and L.B. Sullivan who, one may believe, should be anomalous is a classical liberal society.

Liberties Prevail

The United States Supreme Court of the 1950s, 60s and 70s in significant areas made it appear individual rights prevailing were a dynamic as inevitable as the triumph of reason over racism and liberation over atavistic taboo.

Landmark legal rulings after rulings were won and each victory seemed a fulfillment of long-denied liberties as the civil rights and peace movement flourished.

Brown v Board of Education (1954), New York Times v Sullivan (1964), Loving v Virgina (1967), Brandenburg v. Ohio (1969) and United States v. United States District Court (1972) and dozens more Court holdings promised to buttress citizens against routine incursions of liberty by State actors and law enforcement.

Sullivan under Attack
 
Many today fear an epic backlash, and the challenges to Sullivan are emblematic.

 There are now at least three cases in three different appellate circuits — Second, Sixth and Seventh — in which rightwing plaintiffs appear intent on revisiting New York Times v. Sullivan.

• Sixth Circuit - Nicholas Sandmann v. WP Company LLC, d/b/a [doing business as] The Washington Post (2:19-cv-00019). Plaintiff says he will appeal the dismissal decided in jUly 2019.
• Seventh Circuit - Andrew Colborn v. Netflix, Inc (1:19-cv-00484). Likely to be dismissed in a  Dec 19, 2019 hearing in District court. An appeal is possible.
• Second Circuit - Sarah Palin v New York Times Co, 2nd U.S. Circuit Court of Appeals, No. 17-3801. Case will be heard on the merits in U.S. District Court.

 Political rightwingers and disgraced cops. Yuck.

Steven Avery Attorney: 'Huge Amount of New Evidence' Coming in Making a Murderer Case

Liberty Leading the People, by Eugene Delacroix (1830).

Liberty Rights of Innocent Falling in the Regressive State

Updated - MADISON, WIS — As public faith in the Wisconsin and federal criminal justice systems remains low, the attorney for the once-exonerated Steven Avery will file a new legal petition containing a "huge amount of new evidence," an announcement reads today.

Just in case any of you are wondering we are working as hard as ever on Steven Avery’s case. We will be filing a new petition with a huge amount of new evidence. We will never give up pounding on the doors of justice for him.

@MakingAMurderer #TruthWins

— Kathleen Zellner (@ZellnerLaw) January 11, 2022

The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.

Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide for the 2005 murder of a young photographer, Teresa Halbach. Both men are serving life sentences.

The coming Avery-Zellner filing follows a Nov 2021 defeat at the Wisconsin Supreme Court that refused to hear a petition, in accordance with the Wisconsin Judiciary's abdication of its role as guardians of civil liberties and defendant rights.

Most see the Avery-Dassey saga as revenge prosecutions in Manitowoc and Calumet counties, an insular region of the state known for small-town justice — injustice.

Steven Avery's real crime was to be exonerated for a 1985 wrongful conviction, and then file a federal civil rights action against Manitowoc County, known locally as "corruption county." 

The State of Wisconsin needed corroboration of allegations in its frame-up against Avery in 2003, so in a grotesque action in 2005-06, threw an innocent 16-year-old Dassey into legal fires, with no consideration given to the fact Brendan Dassey was demonstrably innocent.

Now, the Avery and Dassey cases have become partisan lightening rods as leading Wisconsin Democratic Party officeholders, including Gov. Tony Evers (D) and Attorney General Joshua Kaul (D), have worked to block evidentiary hearings the publicly challenge rampant law enforcement misconduct

In a legal spectacle in the Spring 2021, Thomas Sowinski of Manitowoc swore in a statement that he saw the prosecution's key trial witness plant the murder victim's RAV4 vehicle on the property of Steven Avery.

In other words, a credible resident swears he caught conspirators red-handed in a frame-up scheme in Wisconsin's infamous murder case drawing headlines in state post-conviction litigation.

Sowinski appears the stuff of movies — maybe, some mused, in response Wisconsin's new attorney general would seek to vacate two murder convictions, amid a vow to clean up law enforcement in east-central Wisconsin.

DOJ delay strategy

The Wisconsin Dept of Justice quickly responded on April 16 to the Sowinski statement.

The DOJ filing includes unfounded accusations challenging attorney Zellner's ethics, and a bizarre statement complaining about the fact that Avery spotlights more prosecutorial misconduct for allegedly withholding exculpatory evidence — a Brady violation.

This is the same tactic launched at Zellner by the State of Missouri in her successful exoneration of Ryan Ferguson.

The DOJ asserted that the sheer multiplicity of alleged Brady violations in the record should be read against the defense.

Avery's attorney, Zellner, reacted with restrained outrage.

Zellner replied to the Court on April 22, 2021: "It is a supreme irony that in one of the most blatant examples of a wrongful conviction the State's only response is to falsely accuse Mr. Avery's lead counsel of nefarious conduct for discovering a 6th Brady violation. Rather than seeking justice, the State wants to 'slay the messenger' by putting forth more false allegations, a skill that it has mastered over the last 16 years. The State turns a blind eye towards its past actions of withholding exculpatory evidence."

The Democratic-led DOJ said nothing about the substance of Sowinski's sworn statement, or that the prosecution apparently failed to notify the defense about this witness after he contacted the Manitowoc Sheriff's department in 2005.

The defamatory ethics violation accusation against Zellner was quickly disconfirmed by Zellner and the DOJ never mentioned the matter again, failing to apologize and straighten out the record.

Dems stand with police

Why is the Democratic-led DOJ defending the work of Kenneth R. Kratz, former Calumet County District Attorney, (1992-2010), who was forced to resign in disgrace in 2010 for outrageous conduct in 2009, just two years after prosecuting the Avery-Dassey cases?

Kratz is self-described as suffering from narcissistic personality disorder, sexual compulsion disorder and multiple drug addictions.

Kratz described himself a "dick" for his work as district attorney in which he claimed he could not help himself harassing crime victims because of his disorders for which he was undergoing professional treatment, amid an allegation he possibly assaulted a woman.

Wisconsin Democratic Party officials, Gov. Tony Evers and Attorney General Joshua Kaul, have made the political decision to work for law enforcement, even Ken Kratz, against the wrongfully convicted.

This is political liberalism at its most vicious and irrational.

One month into his term in 2019, Kaul filed legal responses signaling the DOJ would stall Avery's  possible exoneration by filing procedural objections.

The quality of mercy towards the innocent appears to be exhausted under the warrant of Wisconsin Democrats.
--
Why are demonstrably innocent peoples' lives being destroyed in Wisconsin? 

Why do so many accept what the Wisconsin Judiciary and criminal justice system are doing?

It's an old story: See Milton Mayer's They Thought They Were Free: The Germans, 1933-45 (University of Chicago Press. ©1955).

Mayer, an American Jewish writer who had gone to Germany in the 1930s, made friends with 10 people, all of whom were members of the NAZI Party. He found them courteous, funny, genuine human beings whom he called "friends."

They were also fools and certainly were guilty.

---
From Milton Mayer:

But Then It Was Too Late

"What no one seemed to notice," said a colleague of mine, a philologist, "was the ever widening gap, after 1933, between the government. ..."

"What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security."

This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter."

"You will understand me when I say that my Middle High German was my life. It was all I cared about. I was a scholar, a specialist. Then, suddenly, I was plunged into all the new activity, as the university was drawn into the new situation; meetings, conferences, interviews, ceremonies, and, above all, papers to be filled out, reports, bibliographies, lists, questionnaires. And on top of that were the demands in the community, the things in which one had to, was ‘expected to’ participate that had not been there or had not been important before. It was all rigmarole, of course, but it consumed all one’s energies, coming on top of the work one really wanted to do. You can see how easy it was, then, not to think about fundamental things. One had no time." ...

Making a Murderer — Dark Cloud Hangs over Wisconsin Judiciary Amid Corruption Concerns

The once exonerated Steven Avery faces
his most malicious enemy in the
Democratic Party and a corrupt
Wisconsin Judiciary that has abdicated
its duty to act with impartiality. Damage,
destruction are the aims against Avery
and his nephew who have committed a
mortal sin in Wisconsin: Fighting back
against state violence and corrupt cops.

Avery Seeks New Trial and Evidentiary Hearing in a Corrupt State Court System

Commentary

Update II: Rebuttal to State's Response in Opposition of Mr. Avery's Petition. This is a devastating public explanation that the DOJ undoubtedly will misrepresent amid its posturing that there is nothing to see here.

Updated: Madison, Wisconsin — Steven Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide in Wisconsin in 2007 for the murder of a young photographer, Teresa Halbach. 

Both men are serving life sentences following much criticized investigations and trials held in east-central Wisconsin, known locally for small-town justice and police corruption.

Avery is appealing to the Wisconsin Supreme Court in post-conviction litigation, seeking a new trial and an evidentiary heating in his August petition.

The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.

But the once-exonerated Steven Avery faces a vendetta from multiple foes, including the Wisconsin Democratic leadership, corrupt law enforcement and the Wisconsin Judiciary which has largely abdicated its role as protector of individual Constitutional rights in favor of covering for police misconduct.

Yesterday, the Wisconsin DoJ filed a response opposing Steven Avery's petition for a hearing before the Wisconsin Supreme Court.

Avery seeks a public evidentiary hearing on new evidence that was hidden by the prosecution for the purpose of blocking material facts pointing to Avery's innocence. He also seeks a new trial, reasoning that the non-existent case for his guilt combined with the clear law enforcement misconduct would make the spectacle of another guilty trial verdict impossible.

Notes attorney Jerome Buting: "State’s response to Avery’s @ZellnerLaw petition opposes SCOW review, claiming SA was not treated differently because his case was 'the subject of a television show.' Really? In no other case has WI fought so desperately to avoid any evidentiary hearing."

At each point is his post-conviction litigation, the State DOJ has blocked, delayed, deterred and opposed Avery's quest for his second exoneration.

A reader ought consider this whole affair is not akin to sick, ole-boy Louisiana corruption. Louisiana, Mississippi, Alabama, Oklahoma and Missouri have nothing on Wisconsin police-prosecutor corruption, more insidious than any conduct our fellows to the South can conjure.

Few believe in the impartiality of the Wisconsin Judiciary which is capable of doing anything in service to a corrupt police force.

WI’s phobia of an evidentiary hearing in Avery’s case can only be because they know truth would be revealed. Better to cover up #corruptiwoc than seek real justice. But it will only increase public distrust of American justice. #makingamurderer #illusionofjustice #brokensystem

— Jerome Buting (@JButing) September 9, 2021

Wisconsin has a nefarious cast of characters in law enforcement, but the Avery and Dassey cases approach the demented.

Kenneth R. Kratz, former Calumet County District Attorney, (1992-2010), was forced to resign in disgrace in 2010 for outrageous sexual misconduct in 2009, perhaps earlier, just two years after prosecuting the Avery-Dassey cases.

Kratz is self-described as suffering from narcissistic personality disorder, sexual compulsion disorder and multiple drug addictions.

But the Wisconsin DoJ has defended the work of this same repulsive figure Kratz in Avery's post-conviction litigation, instead of launching an investigation into Wisconsin law enforcement, Kratz and other prosecutors' subsequent conduct to determine the reliability of convictions.

"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," writes Avery attorney, Kathleen Zellner in 2019 in a legal filing in appellate court.

The State of Wisconsin DoJ did worse in post-conviction litigation than convey an attitude of impunity. The DoJ has chided the defense for bringing multiple Brady violations to the attention of the Court, so strong is the prosecution's confidence that the Court will sustain the DoJ's positions.

Avery's attorney, Zellner, reacted with restrained outrage this posture.

Zellner replied to the Court on April 22, 2021: "It is a supreme irony that in one of the most blatant examples of a wrongful conviction the State's only response is to falsely accuse Mr. Avery's lead counsel of nefarious conduct for discovering a 6th Brady violation. Rather than seeking justice, the State wants to 'slay the messenger' by putting forth more false allegations, a skill that it has mastered over the last 16 years. The State turns a blind eye toward its past actions of withholding exculpatory evidence."

On July 28, 2021, the Court of Appeals (Dist II), delivered a results-oriented decision and opinion so blatant in adopting the State's errors that lay parties revealed the decision to be rife with misstatement, and misinterpretation of evidence (Reddit). Avery's attorney, Kathleen Zellner, followed up with a petition to the Wisconsin Supreme Court some four weeks later.

On Sept 8, 2021, when the DoJ filed its response opposing Avery's petition for a hearing before the Wisconsin Supreme Court, and the large pro-Avery community around the world reacted with gasps and disgust.

This DOJ posture, haughty and disingenuous, raises the question, if the State is so certain that its conviction of Avery and Brendan Dassey are on the level, why does it oppose bringing the case to light before the State high court, an evidentiary hearing, and a new trial?

Avery advocates have noted that the DOJ failed to even challenge Avery's arguments in its response, instead taking on the tone of how dare you challenge the integrity of this conviction?

Attorney Zellner, who has seen every type of State depravity in her practice around the country freeing dozens of wrongfully convicted persons, seemed shook by the pathological tone of the Democrat-led Dept of Justice's latest filing that reads more like a politcal document subtly calling for Party loyalty that a legal filing made in good faith.

Zellner sent out three tweets, deleted two, before she noted: "If we had wanted to re-read the same error filled COA decision again we could have. The State’s Regurgitation Response addresses none of the errors —it just repeats them. Justice delayed again for Steven Avery."

If we had wanted to re-read the same error filled COA decision again we could have. The State’s Regurgitation Response addresses none of the errors —it just repeats them. Justice delayed again for Steven Avery. @MakingAMurderer

— Kathleen Zellner (@ZellnerLaw) September 9, 2021

This is Wisconsin.

This is where Martin Lipske, a contemptible District Attorney in Iron County in northern Wisconsin, was driven into retirement just before Lipske fronted for child trafficking schemes.

So, the Wisconsin District Attorney Association named Lipske Prosecutor of the Year for the Department of Justice in 2016, and awarded Lipske the E. Michael McCann Award from the DA Association. 

The Wisconsin Judiciary cannot be counted on to police corrupt law enforcement, certainly not an odious figure like Kratz and the Democrat-led Wisconsin Dept of Justice.

Behind the scenes, the DOJ's attempt to rewrite the state's Brady doctrine will figure into this case.

The four Republicans on the Wisconsin Supreme Court are Avery's hope as Wisconsin Democrats will do their worst to protect wrongful convictions of Steven Avery and Brendan Dassey.

The DOJ dismissal of a Brady violation claim is preposterous, for instance, that even the DOJ notes features the defense failure to raise an issue of omission to which the defense was never alerted.

Would love to know how Avery was supposed to raise the destroyed bones argument in his 2013, when they were given back to the family in 2011 and none of his post-conviction attorney's knew about it.

I'd like to see any documentation he was alerted to this screw-up by the state. pic.twitter.com/0Xmy0P32w5

— TickTockManitowoc (@TManitowoc) September 8, 2021

Wisconsin Attorney General Joshua Kaul: For Cops, by Cops

Kenosha cops beat on the people in 2020

Madison, Wisconsin —  Attorney General Joshua Kaul (D) loves cops so much and he is so tough, he works to keep innocents in prison.

At a time when our country is questioning law enforcement, Wisconsin's Democratic leadership is working against the people, for the police, no questions asked.

Kaul brandished his experience as a prosecutor and delivered his message on the Up Front Sunday political show.

It's the same political playbook used by Kaul's mother, former Wisconsin Attorney General Peg Lautenschlager (2003-2007): Take the power of the state against the people, squash them, and take what you can as a politician.

As for the people who get squashed by the police from Milwaukee to Wauwatosa to Appleton to Manitowoc to Kenosha — they're shit out of luck.

It's like this in Wisconsin: As families work to keep their dreams alive, Kaul is working for the cops to destroy lives.

Politically what happens next to Democratic prosecutors looking to cash in by running tough on people campaigns is unknown.

Working against the people didn't work for Kamala Harris' presidential bid: "Most troubling, Ms. Harris fought tooth and nail to uphold wrongful convictions that had been secured through official misconduct that included evidence tampering, false testimony and the suppression of crucial information by prosecutors," notes Lara Bazelon.

But Kaul is worse than Harris ever was in defending wrongful convictions.

My prediction is the little shit is going to get squashed in 2022.

Dolores Avery — Dead from a Broken Heart

Madison, Wisconsin — Dolores Avery, the mother of the once-exonerated Steven Avery, passed away this morning.

Mrs. Avery is featured in the Emmy-winning Making a Murderer docuseries, shown contending with the ordeal of her son in his battle with dubious law enforcement, as an apparent frame-up scheme by Wisconsin law enforcement devastates her family in 2005.

Steven was exonerated and released in 2003 after an earlier frame-up scheme in 1985 was exposed by the Innocence Project.

After Steven Avery filed a federal civil rights suit, law enforcement took unusual notice of Avery, singling him out as a perpetrator for the 2005 murder of a young photographer, Teresa Halbach.

The Making a Murderer docuseries offers a poignant look at Dolores Avery, distraught and helpless as law enforcement targets and convicts her son and grandson, Brendan Dassey.

Dolores was known locally as a kind-hearted and principled woman who died never understanding why law enforcement and now the Wisconsin Democratic Party leadership worked so hard to imprison a man whom they know to be innocent.

The world-wide community supporting Steven Avery and Brendan Dassey appears to be grieving today.

Avery is awaiting the decision in state appellate court on several pending motions.

Viewers of Making a Murderer were compelled to feel the pain and suffering of Mr. and Mrs. Avery.

Both come off as salt-of-the-earth and bewildered by the massive and onerous Wisconsin legal system that separated their family until Dolores Avery's death.

I don't think I've ever been more affected by the passing of a person I've never met. 😢 She dedicated years of her life trying to prove Steven's innocence. My condolences to the Avery family. 👼 RIP Dolores#MakingAMurderer#FreeStevenAvery

— Tammy Collins (@TammyCo78496172) July 8, 2021

A mother who fought so hard to see justice for her son Steven & her grandson Brendan. My condolences to the family & to Steven & Brendan who will grieve this immeasurable loss without the comfort of family & with the anger of their distance. RIP Mama Avery you stole our hearts. https://t.co/l7zrbYKEsD

— Tracy Keogh (@TracyKeogh2) July 8, 2021

Update: Fate dealt another cruel blow to Steven Avery today right before his birthday tomorrow; his mother Dolores Avery passed away at 6:50 am. He needs your support now more than ever. RIP Ma Avery ⁦@MakingAMurderer⁩ pic.twitter.com/FsmL8XTYxN

— Kathleen Zellner (@ZellnerLaw) July 8, 2021

Making a Murderer Steven Avery Waits, as State Appellate Court ... Vacations? Sunbathes? Drinks Cold Beer?

State of Wisconsin v Steven Avery

Madison, Wisconsin —The once-exonerated Steven Avery awaits a ruling in his post-conviction litigation in state appellate court as he fights his second apparent frame-up scheme at the hands of Wisconsin law enforcement.

Little cause exists to expect the prosecution-friendly Wisconsin judiciary to impartially issue a ruling, but the courtesy of a speedy resolution to pending motions and other filings appears too much to wish for as well.

The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.

Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide for the 2005 murder of a young photographer, Teresa Halbach. Both men are serving life sentences.

In April, a credible resident, Thomas Sowinski, came forward and swore he caught conspirators red-handed in a frame-up scheme, witnessing the prosecution's key trial witness plant the murder victim's RAV4 vehicle on the property of the man, Avery, convicted of homicide in 2007.

The innocence community fears the corrupt Wisconsin judiciary is crafting an opinion to deny a hearing, much less a new trial, after this spectacular new evidence.

Write a letter of support today to Steven Avery—he is super depressed the COA has taken so long. You can make a difference—contact him please!!! ⁦@MakingAMurderer⁩ #TruthWins pic.twitter.com/Ytxs5C6M5O

— Kathleen Zellner (@ZellnerLaw) July 6, 2021

The Democratic Party leadership, Wisconsin Democratic Party officials, Gov. Tony Evers and Attorney General Joshua Kaul, has made the political decision to work for law enforcement, even the odious and disgraced Avery prosecutor, Kenneth R. Kratz, against the wrongfully convicted.

There are two Republican judges, (Paul F. Reilly and Mark D. Gundrum) and two Democratic judges, (Lisa S. Neubauer, Jeffrey O. Davis) on  Wisconsin Court of Appeals, District II.

The Court's decision and opinion in Avery will be political, crafted to whatever is perceived to be in the political interests of the judges, as facts and Constitutional rights fall by the wayside.

Avery Update: Still waiting for Court of Appeals decision. @MakingAMurderer

— Kathleen Zellner (@ZellnerLaw) July 4, 2021

So, Wisconsin and Avery wait.

Independence Day 2021 Faces New Kings and a Nation

Madison, Wisconsin — Tonight, a half-mile to the north and south in our neighborhood, young folks will light off fireworks in near-constant reverie marking the Fourth of July 2021 — Independence Day.

I always go asleep happy for the kids in Summer, out and about during a major holiday.

I love the Fourth of July.

Even as primary constituencies of the Democratic Party today — municipal police and intelligence agencies — have morphed into militantly violent forces opposing halting commitments to liberty that animated some folks during the late 18th century.

The idea that America is free is farce, always has been.
 
Cops and their Democratic Party allies have become zealots of police power used to harass, defame, malign, imprison and kill the citizenry, especially those folks with darker skin.

The judiciary is worse — violent, sanctimonious, and fanatically narcissistic amid trappings of magical capability and glory — these enshrined totalitarian cesspools of malice would repulse even 18th-century British.

Modern-day kings of Great Britain in black robes who ought repel liberty-minded folk here and now, bringing constant challenge to abuse, injury and usurpation are instead lionized as "officers" and "your honor," and don't forget to thank them.

Someone addresses me as "your honor," as a note of respect, I'd tell him to go fuck himself.

Noting the presidency and Congress is self-explanatory.

So, 2021, and here we are. Our nation is not healthy, not judged by liberty, our alleged animating principle.

I'm healthy.

I swear eternal hostility against every form of tyranny over the mind and body of my fellows.

This continues today, and my first target is the Democratic Party of Wisconsin.

At a time when our country is questioning law enforcement and tyranny, Wisconsin Democratic leadership is working against the people . . . for the police.

Until the demonstrably innocent Steven Avery and Brendan Dassey breathe free air, I will oppose the election of every Democrat on the ballot, starting with Gov. Tony Evers and Attorney General Joshua Kaul.

Tony Evers and Joshua Kaul work assiduously to keep men whom they know to be innocent in prison.

And I hold grudges. Keep the faith, people.

Wisconsin Dems Block Exoneration Seekers

Image is by Otto Dix, German anti-fascist artist
whose work was confiscated by the NAZIs and
displayed as degenerate art. "The Nazis labeled Dix a
'degenerate,' but the term is better applied to the society
he depicted—cannibalizing itself and hurtling toward
destruction," writes Alina Cohen in The Guardian.
Wisconsin today has veered into fascism, and literally no
elected official challenges the police-prison state which
sends innocents to their doom.

Justice Delayed in Making a Murderer Cases

MADISON, WIS — In a legal spectacle this Spring, Thomas Sowinski of Manitowoc swore 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.

In other words, a credible resident swears he caught conspirators red-handed in a frame-up scheme in Wisconsin's infamous murder case drawing headlines in state post-conviction litigation.

Sowinski appears the stuff of movies — maybe, some mused, in response Wisconsin's new attorney general would seek to vacate two murder convictions, amid a vow to clean up law enforcement in east-central Wisconsin.

Movies are not political reality in Wisconsin.

The case is State of Wisconsin v Steven Avery, featured in the Emmy-winning Making a Murderer docuseries.

Avery and his nephew, Brendan Dassey, were convicted of first-degree homicide for the 2005 murder of a young photographer, Teresa Halbach. Both men are serving life sentences.

Most see the spectacle as revenge prosecutions of innocents in Manitowoc and Calumet counties, an insular region of the state known for small-town justice — injustice.

DOJ delay strategy

The Wisconsin Dept of Justice quickly responded on April 16 to the Sowinski statement, filed by Avery attorney Kathleen Zellner.

The DOJ filing includes unfounded accusations challenging attorney Zellner's ethics, and a bizarre statement complaining about the fact that Avery spotlights more prosecutorial misconduct for allegedly withholding exculpatory evidence — a Brady violation.

The DOJ asserted that the sheer multiplicity of alleged Brady violations in the record should be read against the defense.

Avery's attorney, Zellner, reacted with restrained outrage.

Zellner replied to the Court on April 22: "It is a supreme irony that in one of the most blatant examples of a wrongful conviction the State's only response is to falsely accuse Mr. Avery's lead counsel of nefarious conduct for discovering a 6th Brady violation. Rather than seeking justice, the State wants to 'slay the messenger' by putting forth more false allegations, a skill that it has mastered over the last 16 years. The State turns a blind eye towards its past actions of withholding exculpatory evidence."

The Democratic-led DOJ said nothing about the substance of Sowinski's sworn statement, or that the prosecution apparently failed to notify the defense about this witness after he contacted the Manitowoc Sheriff's department in 2005.

Dems stand with police

What is happening in Wisconsin?

Why is the Democratic-led DOJ defending the work of Kenneth R. Kratz, former Calumet County District Attorney, (1992-2010), who was forced to resign in disgrace in 2010 for outrageous conduct in 2009, just two years after prosecuting the Avery-Dassey cases?

Kratz is self-described as suffering from narcissistic personality disorder, sexual compulsion disorder and multiple drug addictions.

Kratz described himself a "dick" for his work as district attorney in which he claimed he could not help himself harassing crime victims because of his disorders for which he was undergoing professional treatment, amid an allegation he possibly assaulted a woman.

Wisconsin Democratic Party officials, Gov. Tony Evers and Attorney General Joshua Kaul, have made the political decision to work for law enforcement, even Kratz, against the wrongfully convicted.

This is political liberalism at its most vicious and irrational.

One month into his term in 2019, Kaul filed legal responses signaling the DOJ would stall Avery's  possible exoneration by filing procedural objections.

The strategy keeps Avery in prison and delays a hearing in County Circuit court, a move necessary before state appellate courts can rule.

In Wisconsin, January-February weather is colder than July-August, and the Democratic Party loves and supports its cops. It's the way it is.

This political climate is why cops feel free to frame Steven Avery and Brendan Dassey. 

It's why cops like Rusten Sheskey feels free to attempt to kill Jacob Blake; and why cops killed and gunned down Paul Heenan, Ashley DiPiazza, and Tony Robinson in Madison.

It's why the racist Wisconsin State Sen. Tim Carpenter (D-Milwaukee) felt free to travel to Madison during the historic 2020 Black Lives Matter protests, pick a fight with protesters, fake a collapse, and then retaliate against marchers by pressing criminal charges against two women whom he knows to be innocent. Carpenter hates uppity women.

Carpenter told cops he was headed to the state Capitol around midnight on business before he encountered the Black Lives Matter protests.

Gov. Evers shoots down innocents

Gov. Evers joined Kaul in the delaying strategy with Brendan Dassey, convicted co-conspirator with Avery. Dassey petitioned for a commutation in 2019, after losing his Habeas petition 4-3 at the U.S. Court of Appeals for the Seventh Circuit in a lambasted 2017 decision.

Dassey claims in his 2019 executive clemency petition that Wisconsin's criminal justice system perpetuated an injustice in which the state can have no "confidence."

Reads the petition:

In 2006, Brendan Dassey was a sixteen-year-old Mishicot High School special education student with no criminal history, an IQ of 74, and speech-language functioning in the bottom percentile. After undergoing four police interrogations in 48 hours, he found himself charged with involvement in one of the highest-profile homicides in Wisconsin history – and, subsequently, sentenced to life in prison – based on a videotaped confession about which state and federal judges, national police authorities, prosecutorial groups, and psychological experts have since expressed the gravest doubts.

A member of Dassey's defense team, former U.S. Solicitor General, Seth Waxman, said in Oct 2019 in Madison, "I have never had a case that has troubled me more than this case, that has kept me awake at night, that makes me anxious and sad. And that's because I know that Brendan Dassey is innocent."

Gov. Evers sent Dassey a form letter denying his petition in Dec 2019, stating in part that since Dassey did not wait five years after serving his life sentence, Evers would not consider the plea.

While Oregon and Illinois passed bans this year on lying to juveniles during police interrogations, with some state legislators citing Wisconsin resident Brendan Dassey's ordeal, Evers refuses to consider a pardon for Dassey that looks at the merits of his case.

Tony Evers retains the power to pardon Dassey with the stroke of a pen.

Problem is a pardon or commutation would blow into a political scandal implicating Democratic sheriffs, Kaul's mother, former Attorney General Peg Lautenschlager (2003-07) among other Democratic Party cops.

Dems and win-at-any costs cops

Democrat Kaul's DOJ team includes a who's who of dubious state DOJ attorneys — Mark Williams, Thomas J. Fallon, and Special Prosecutor Norman Gahn — all of whom have demonstrated misconduct in their work, either destroying evidence or lying about destroying evidence.

After years of Republican Party rule in Wisconsin, people around the world who believe it's immoral to imprison innocents had waited for how the new Democratic attorney general and governor would handle Dassey and Avery's battle for exoneration in 2019.

Next steps

Today, Avery is awaiting the appellate court decision whether to send his case to County Circuit court to hear the Thomas Sowinski statement and other evidence, and the resolution of pending motions.

At a time when our country is questioning law enforcement, Wisconsin Democratic leadership is working against the people . . . for the police.

"We are all implicated when we allow other people to be mistreated. An absence of compassion can corrupt the decency of a community, a state, a nation," writes Bryan Stevenson in Just Mercy: A Story of Justice and Redemption.

The quality of mercy towards the innocent appears to be exhausted under the warrant of Wisconsin Democrats.

[Michael Leon has written for The Progressive, In These Times, CounterPunch and others. Leon is covering the Making a Murderer cases, and has advocated for the release of Avery and his nephew, Brendan Dassey.]