Showing posts with label Public Integrity Wisconsin. Show all posts
Showing posts with label Public Integrity Wisconsin. Show all posts

Apr 18, 2019

Making a Murderer Attorney Has Website Explaining Legal Filings — #WorkWithKZ

Wisconsin law enforcement and a functioning democracy
in which the rule of law is foundational will take a long time
to rebuild in the wake of Wisconsin v. Avery post-conviction
litigation. Image from JamesB007D, United Kingdom.
Madison, Wisconsin — The litigation that looks likely to exonerate two innocent men, possibly end the political career of the new attorney general and thrust a sizable chunk of Wisconsin law enforcement into disrepute and a criminal probe has not garnered the media coverage merited by the gravity of the topics.

Fortunately for Wisconsin, the University, churches, human rights groups, and the media, Kathleen Zellner has a webpage, #WorkWithKZ, dedicated to explaining legal filings and developments to a lay audience.

The Appleton Post-Crescent (Alison Dirr), WBAY, WLUK, Wisconsin Public Radio and KFIZ have ably reported on developments in State of Wisconsin v. Steven A. Avery #122987.

Yet, other prominent Wisconsin legal writers — Ed Treleven and Patrick Marley — have blacked-out the story despite its status as potentially Wisconsin's biggest scandal in history, (Newsweek, Rolling Stone).

Lives will be ruined, careers destroyed, and dreams shattered as the corruption of east-central Wisconsin and the DoJ becomes as incontrovertible as the beauty of Chequamegon-Nicolet National Forest.

Marian University in Fond du Lac features a real-time course discussing the proposition that Steven Avery murdered Teresa Halbach, and the consequences to our state should a new trial be ordered, (Fond du Lac Reporter).

Post-conviction litigation documents in legal briefs, motions and rulings can prove to be challenging reading of complex, subtle and vast amounts of specialized material in unnecessarily abstruse lexicon.

#WorkWithKZ is resource that helps explain the work of Zellner's impressive array of scientists, experts and analytical resources on her legal team.

#WorkWithKZ takes a voluminous amount of legal material and presents the issues for a general readership.

Think you need summaries for the Mueller Report? You do.

Because the Wisconsin Department of Justice, the Manitowoc County Sheriff's Office, Calumet County Sheriff's Office and respective county district attorneys' offices including ex-special prosecutor Ken Kratz have committed an incredible, almost indescribable amount of deceit and bad faith, #WorkWithKZ and social media affinity groups are imperative as a corrective in the public sphere.

This quest is a paper chase, it's engaging and in the end, I predict, the good guys are finally going to win.

In the post-conviction state appellate litigation, the State ignores the appellate court's controlling Feb 25 order and opinion seeking arguments on the merits of Zellner's position that the State secretly destroyed evidence that the state previously agreed to preserve.

In Zellner's April 11 legal filing, Zellner also points out that the State in making its convoluted procedural arguments is taking conflicting positions, (pp 2,3).

To keep abreast of updates, see #WorkWithKZ.

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 12, 2019

Making a Murderer Defendant Files New Motion, Seeks Conviction Reversal

Illinois attorneys work to free two innocent men and
send them home to their families.

Motion: 'Stunning State Action and Admission Undermines Entire Theory at Trial Used to Convict Steven Avery'


Madison, Wisconsin — This Making a Murderer case should be over — Steven Avery's conviction vacated with the spectacle of Wisconsin Attorney General Josh Kaul (D) deciding whether to embarrass the state by standing with the sex offender Ken Kratz for the prosecution.

Notes the Feb. 25. 2019 state appellate court order:

"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." (emphasis added)

Misrepresentations discovered in 2019 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)
The Wisconsin Department of Justice (DoJ) does not address the merits of Steven Avery's characterization of Wisconsin's post-conviction conduct  — DoJ bad faith, evidence destruction and suppression — because the DoJ cannot credibly do so.

Today, attorneys Kathleen Zellner and Steven G. Richards filed a supplemental (additional) motion for relief, asking for a court order "reversing the judgment of his [Avery's] convictions and sentence and ordering a new trial," (p. one. March 11, 2019 Supplemental § 974.06 Motion for Post-Conviction Relief Pursuant to State's Violation of Wis. Stat § 968.205 and Youngblood v. Arizona).

The new motion lays out the case for Sheboygan County Judge Angela W. Sutkiewicz to whom the case has been sent back for a likely late April-May hearing.

Avery's attorneys will be afforded the opportunity to effectively put the state of Wisconsin on trial for its conduct, per the Wisconsin Court of Appeals. Feb. 25, 2019 order.

This new motion is not shooting for the moon. It's asking for relief, likely to be granted or conceded to at some point, by presenting the factual record now directly in front of the judicial hearing that the Dept of Justice has worked to prevent from occurring.

Speculation continues to be the DoJ will agree to some sort of settlement to spare itself further embarrassment in the legal community. And Steven Avery will be a free man.

P. 4. March 12, 2019 supplemental (additional) motion for relief.

Apr 20, 2018

Corruption—Wisconsin Speaker Robin Vos' Overseas Trip Draws Howls

Wisconsin Republicans are for sale, but face voters in the
Blue Wave election-2018. Scott Walker and Republicans
call citizens like residents above from the 2011 protests,
"thugs." Are these people really thugs.

Republican Con and Graft Loom in Election Year


Madison, Wisconsin — Wisconsin Republicans have become so enthralled by their work for special interests, they've convinced themselves they're entitled to money and free vacations for services rendered.

A FBI probe looms over Wisconsin Republican Assembly Speaker Robin Vos for the same free European vacation that caused the resignation and current federal criminal probe of former Ohio Republican Speaker Cliff Rosenberger, (Milwaukee Journal-Sentinel).

Feds are looking at criminal corruption, likely misconduct in public office.

Corruption and misconduct are what Wisconsin Republicans do, it's how they operate today.

You can bet the Republicans at the Wisconsin Department of Justice will do nothing here as the state DoJ is little more than a Republican adjunct.

The public interest is routinely betrayed in Wisconsin as Gov. Scott Walker and Republican Assembly Speaker Robin Vos and the other Repulbican fraudsters have become the embodiment of the fraud triangle, a criminal scheme outlined as follows:

Republican Fraud Triangle

Perceived financial need
Perceived opportunity
Entitlement
-----------
Theft and deception

Voters, elections, clean government, local democracy, these traditional commitments are discarded as possible as Republicans obstruct voters, block elections and work to destroy any institution, any process not colluding with the Republican Con.

Witness Republican Assembly Speaker Robin Vos.

Robin Vos took a free overseas trip in August 2017 to Europe paid for by Republican contributors and a Republican campaign group, GOPAC, working to elect Republicans and only Republicans.

Now, I'm betting it's beyond the means of most Wisconsinites to pack up and do Europe, but Vos and his wife, (she pockets $235,000 a year for the Jobs First Coalition that elects Republicans and only Republicans), get the Republican gang to pick up the bill. Nice.

Republican dark-money forces funnel $100,000s into state legislative races led by the school privatization and shadowy Jobs First Coalition are run out of a P.O. Box in Brookfield, Wisconsin, a "shell group tied to American Federation for Children's Scott Jensen, the former Speaker of the Wisconsin Assembly who was brought down by his own campaign finance scandal," (PRWatch), (Wisconsin Democracy Coalition), (Wisconsin Community).

In exchange for favorable treatment in the Wisconsin State Assembly, Robin Vos accepted his lavish get-away, but in all of his August-vacation pleasantness, Wisconsin citizens are left out of the transaction.

The slight against Wisconsin is done purposefully, Robin Vos, Scott Walker and this sleazy bunch are engaged in private transactions and legislative business is no longer the purview of the people of Wisconsin.

Stay tuned. It's an election year.

From One Wisconsin Now

The Speaker of the Ohio House of Representatives is under investigation by the Federal Bureau of Investigation and has resigned his position, in part, because of his acceptance of a trip to London, England paid for by a conservative political organization in association with a payday loan lender. Meanwhile in Wisconsin, his traveling companion Assembly Speaker Robin Vos has alleged his participation in the same trip was on the ethical up and up. One Wisconsin Now Executive Director Scot Ross said Vos’ fantastical claim raises even more questions that must be answered about his already shady relationship with the payday loan industry.

“Winston Churchill said, ‘You must look at the facts, because they look at you.’ This looks like a dirty deal and we’re looking at you, Robin Vos,” commented One Wisconsin Now Executive Director Scot Ross. “The Speaker of the Ohio House of Representatives is under federal investigation and resigning over this trip while in Wisconsin his travelling companion Robin Vos is filibustering with stories about his dinner companions,”

According to media reports, the trip in question was paid for by the conservative GOPAC education fund and included lobbyists for a payday loan company that does business in Wisconsin. Principals in the business and their family members have donated generously to Vos’ Assembly Republicans, especially in races critical to keeping Republicans, and Vos, in charge of the chamber.

For his part, Vos has shown his gratitude to the industry for their financial support by seeking to limit regulation of payday lenders and make it easier for them to do business in Wisconsin.

Among the unanswered questions creating a darkening ethical cloud hanging over Vos are:

Who paid the travel expenses for Vos’ fiancee? Vos has told the media that the travel expenses of his then fiancee and now wife who accompanied him on his European junket were not paid by GOPAC. But, Vos has refused to identify who picked up the tab or to deny that her travel expenses were paid by a party or parties associated with the payday loan industry.

How much has the payday loan industry contributed to the Jobs First Coalition? The Jobs First Coalition is a conservative dark money group that has spent almost exclusively to boost the campaigns of Republicans running for the State Assembly. Between 2014 and 2016 the group has raised $3.5 million and employs Vos’ wife as a fundraiser, paying her $235,000 for her labor.

If no business was discussed, why were there multiple lobbyists for the payday loan industry on the trip? Vos alleges that two payday loan industry lobbyists, whose job is to advocate for the industry that pays them to lobby, did not discuss business over their multi-day European junket with top legislators from the states of Ohio and Wisconsin, states where their client has operations.
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