Showing posts with label Teresa Halbach. Show all posts
Showing posts with label Teresa Halbach. Show all posts

Aug 4, 2021

Wisconsin Got What It Wanted — Systemic, State Violence, Administered by the Badger Judenrat

Wisconsin Democrats administer the carceral state that sees
innocents swept off the streets and warehoused in prison,
and administrative bail-probation-parole complexes.
Municipal and other Judenrat are rewarded handsomely.
Madison, Wisconsin — The attempted destruction of the European Jews stands as the beginning of modern world history.

But not because of the defeat of totalitarianism and anti-Semitism as political systems.

Not because by-standers, compliance, and acting out of convenience in the face of moral horror became imprecatory to human affairs. 

Totalitarianism won. Hate won. 

The Judenrat won.

The fight continues, but the proposition that human beings retain rights to life and liberty is a sick joke to anyone with a fleeting understanding of American post-war foreign policy and the modern domestic police state.

Prison-state America has destroyed countless lives, and the best one generation offers now is to cancel people on social media not anointed of their taboo morality and contrived, ahistorical understanding of America and its inception.

Tens of thousands of municipalities have become mini-police states, some of the modern-day Judenrat becoming so enamored of their offices of authority, local police load up with military weapons, and face down imaginary threats to the community, in self-defense of course.

Domestically, and Wisconsin is a paradigm, many statist Democrats erected a police-prison state that shamed the cause of liberty and made the 'progressive state' the worse place to be black and brown in America. 

Police roadblocks, William Rehnquist was right jurisprudence has dominated Wisconsin Democratic Party politics for decades, though ultimately as least roadblocks and show-me-your-papers operations were rejected by voters, putting Democrat Kathleen Falk out of political business.

Who could be stupid as to not realize black and brown people doing nothing except driving do not want and deserve encounters with police as a condition of driving? Wisconsin Democrats.

Democrats are back at it of course, and any acclamation of the Fourth Amendment is met with suspicion by police-state Democrats.

It used to be reasonable to believe that Democrats like Gov. Tony Evers (D), Attorney General Joshua Kaul (D) were simply clueless about what police do to harm black and brown people.

This is folly. You meet a cop on the road, and your life is at risk. 

This is the way Democrats want it.

Community outrage continues today against such recent police killings in Wisconsin of Paul Heenan (Schenider, The Capital Times (2013)) (killed by Madison Police Officer Stephen Heimsness who resigned in June 2013 (Erickson, Wisconsin State Journal), Tony Terrell Robinson Jr. in Madison (Dean, The Capital Times), Michael Bell in Kenosha (2004), and Dontre Hamilton in Milwaukee (Luthern, Milwaukee Journal-Sentinel; Mal Contends). Too many victims to list. See also Paul Gottinger in CounterPunch.

Democratic judges are aligning with the disreputable Democratic-led Dept of Justice to keep an innocent man, Steven Avery, in prison.

Until Steven Avery and his equally innocent nephew, Brendan Dassey, are free, I will never cast a vote for any Democrat again.

Meanwhile, police repression continues in Kenosha, in Milwaukee, Wauwatosa, the whole god-damn state of Wisconsin.

The Wisconsin Dept of Justice announced it is looking for a new head of the Division of Criminal Investigation (DCI).

Don't worry, I'm sure the Democratic-led police operation will find the perfect man for the job.

Someone who can reliably implement solutions well.

Jul 28, 2021

Making a Murderer — Appellate Court Gives Avery a Defeat

In Steven Avery's quest for a second exoneration of an apparent
frame-up scheme by Wisconsin law enforcement, the State worked
successfully to block a hearing on its misconduct and numerous
Brady violations.

Dem-led DoJ Champions Disgraced ex-DA and Sex Offender, Ken Kratz.

Wisconsin Appellate Court Delivers Political Decision on Police Frame-up Scheme before Mid-Terms

Paths remain for Avery to pursue Post-conviction litigation

Updated - Madison, Wisconsin — Steven Avery's quest for a second exoneration moved backward today as the Wisconsin Court of Appeals (CoA), Dist Two ruled against his request for a lower court hearing.

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

The ruling by a unanimous three-judge panel is a Court statement that the Wisconsin judiciary and Wisconsin Dept of Justice share a commitment to blocking paths to exoneration for clearly innocent people convicted, and behind bars.

With this ruling, Wisconsin joins the worst of states nationwide who work to keep innocent people imprisoned.

The ruling follows a spectacular development last April that saw witness Thomas Sowinski of Manitowoc swear in a statement that he saw the prosecution's key trial witness plant the murder victim's RAV4 vehicle on the property of the man convicted of homicide in 2007.

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

So, it was expected in the innocence community that the Democratic-aligned appellate judges
— Lisa S. Neubauer and Jeffrey O. Davis — would brush aside state misconduct and new evidence to politically support Gov. Tony Evers and Attorney General Joshua Kaul, who work against the innocent.

Both Evers and Kaul are running for reelection in 2022, and a scandal implicating Democratic Party elected officials would likely prove disastrous to the Party.

In order for the Court to reach its conclusion today, Democratic partisan judges who joined with Judge Paul F. Reilly had to overlook official misconduct, including evidence tampering, false testimony, multiple Brady violations and other suppression of critical information by all manner of law enforcement, including the state Dept of Justice.

The decision was met with wounded howls and derision by those who fight for the wrongfully convicted around the world.

But Avery's attorney, Kathleen Zellner, noted that there are paths still open for a clearly innocent man, even against a corrupt Democratic Party and Wisconsin judiciary.

Said Zellner in a social media post this morning, "Not deterred by the appellate court decision—-it pointed out the specific doors that are still open for Mr. Avery’s quest for freedom. We appreciate the careful review."

Still, the unmistakable message of the Wisconsin judiciary to the wrongfully convicted seems clear: Abandon all hope, ye who enter here.

In the face of the Dept of Justice working to block a hearing on new evidence, the Court decided that "Simply put, Avery’s appeal cannot continue indefinitely," in effect rewarding the DOJ for its stalling tactics, and denying Avery a hearing to argue against prosecutorial misconduct.

Today's ruling can be appealed to the Supreme Court of Wisconsin; another motion can made at the County Circuit Court level, in accordance with today's opinion.

But readers should make no mistake, the State of Wisconsin and the Democratic Party have worked to arrest, convict and keep imprisoned a man whom they know to be innocent.

May 7, 2021

Corruption County — Manitowoc, Wisconsin Strikes Again; Targets Critic to Protect Old Wrongful Convictions

Manitowoc County Sheriff Uses Office to Silence Critic of Wrongful Convictions

Update III Sept 2, 2021: Supporters of Brad Dassey, step son of the infamous Barb Tadych, in Manitowoc County say the world's worse mother still wants her step-son incarcerated for criticizing her alleged abuse.
Corruption County, Manitowoc County, is reportedly offering a fine against Dassey for writing the truth about his step-mother.
The deranged mother who offers her children to Manitowoc County police to be incarcerated wants step-son, Brad, in prison because he defeated Tadych in a civil suit on First Amendment grounds.
Tadych says an unenforceable retraining order, now vacated, may have been violated. The Manitowoc County District Attorney's office is rightwing and out-of-control and is helping Tadych, who looks to the office to help incarcerate her step-son.
The next plea hearing is scheduled for October 15, 2021 at 11:30 am.

--

Update II: World's worst mother, Barb Tadych, who fed her innocent son, Brendan Dassey, alone in a room with two police tree jumpers resulting in a life sentence, now wants her step-son, Brad Dassey, in prison too. June 17, a judge will decide whether to imprison another innocent Dassey on unfounded criminal charges heard by the Manitowoc County judiciary, known for corruption and stupidity.

 Update: Analysis of the Manitowoc County District Attorney's ridiculous Summons, relying on the even more ridiculous reports of the Sheriff's Office and Barb Tadych reasons that since the TRO and petition for restraining order were denied May 3, the TRO is not enforceable on its face. Brad Dassey will prevail again, but the take-away is Barb Tadych, the DA and the Sheriff all worked together to get Brad arrested, convicted and imprisoned. Sound familiar?

Madison, Wisconsin — Manitowoc, Wisconsin is Corruption County USA.

For readers wondering whatever happened to the most corrupt county in America — Manitowoc County, Wisconsin — cops there are searching for new victims, and protecting wrongful convictions through the corrupt conduct of their office of public trust, under color of law.

One of the world's worst mothers, Barb Tadych, Brendan Dassey's mother, is featured in the Emmy-winning documentary, Making a Murderer.

Barb Tadych's Choice

Tadych is a major figure in the grotesque frame-up scheme against Steven Avery and Brendan Dassey.

In 2005, Tadych fed her 16-year-old son, Brendan, who has a severe language impairment and 70 IQ, to corrupt Wisconsin law enforcement [Tom Fassbender (Wisconsin Division of Criminal Investigation investigator (Ret)) and Mark Wiegert, (current Sheriff of the Calumet County Sheriff's Office), who interrogated Brendan alone in a room], the better to elicit words that the cops could falsely state constituted a confession to murder of Teresa Halbach.

Law enforcement then used Brendan's so-called confession to convict the innocent Steven Avery.

Tadych publicly protested Brendan's innocence, but Tadych also remains under suspicion for her defense of Bobby Dassey, Brendan's brother, who implicated the once-exonerated Steven Avery as the State's star witness, (Ferak, Appleton Post-Crescent). 

Bobby Dassey is now a key suspect for the 2005 murder of Ms. Halbach, (for which Brendan and Avery were convicted in 2007), and a witness came forward last month attesting he saw Bobby Dassey planting Halbach's Rav-4 on Avery's property.

In April 2021, faced with compelling evidence Bobby Dassey may have been responsible for killing Ms. Halbach, and was responsible, in part, for framing Steven Avery, [a legal argument that "directly connects Bobby to the crime charged [against Avery Brendan Dassey]," (Avery Motion for Remand and Stay of Appeal, April 12, 2021, p. 5), Barb Tadych's response was not to condemn the odious Manitowoc County Sheriff Dept and other law enforcement for its actions after this spectacular new development.

Instead, Barb Tadych reached out and colluded with the very Manitowoc County Sheriff Dept that has terrorized innocent people for decades. This time their target is Brad Dassey, half-brother of Brendan and Bobby. Tadych had already thrown one son to the wolves, so, she apparently reasoned, why not another?

Barb Tadych and the Manitowoc County Sheriff Dept remain close, even after Tadych's move to sacrifice Brendan caused Tadych to criticize the cops, in regret.

First, Tadych sought and obtained a Temporary Restraining Order, [Manitowoc County Case Number 2021CV000155, Barbara Tadych vs. Brad Anthony Dassey; April 19, 2021] against step-son Brad Dassey (for his criticism on social media of Tadych as an abusive parent and a possible destroyer of evidence implicating Bobby), days after the April 12, 2021 development of a new witness coming forward and attesting that the witness saw Bobby Dassey planting critical evidence on Steven Avery's property, (Patch. com).

After Tadych's ridiculous petition of a harassment injunction against Brad Dassey was dismissed on May 3, the Manitowoc County District Attorney mailed a criminal summons also dated May 3 to Brad Dassey, citing a polemical and sketchy Manitowoc County Sheriff Dept report alleging Brad Dassey violated the Temporary Restraining Order, though ultimately the TRO and Barb Tadych's harassment petition were denied on May 3.

Corruption County wants Brad Dassey for his criticism of the Sheriff and Barb Tadych, and it will not stop.

And there is nothing law enforcement can inflict that the Wisconsin Dept of Justice will not defend.

Brad Dassey has set up a legal defense fund. Readers are invited to contribute.

Phone calls to the Manitowoc County District Attorney's office this morning were not successful.

The cause of justice is not the cause of the Wisconsin Dept of Justice and other corrupt Wisconsin law enforcement.

May 4, 2021

Making a Murderer — Wisconsin DoJ Plays Games as Wrongfully Convicted Lose Years of Life

Attorney General Joshua Kaul's 'Defend Wrongful Convictions at All Costs' Commitment Is Betrayal of Wisconsin

Madison, Wisconsin — Wisconsin Republicans and Democrats agree on a policy area: Defend wrongful convictions.

Consider the case of Wisconsin v. Steven A. Avery, featured in the Emmy-winning documentary, Making a Murderer.

In post-conviction litigation, the once-exonerated Steven Avery presents game-changing evidence to the Wisconsin state judiciary exposing law enforcement in its second frame-up job against Avery for homicide in 2005.

The second frame-up was committed shortly after Avery prepared evidence for his $36-million civil rights suit for misconduct in the first frame-up (Ferak, Appleton Post-Crescent). Law enforcement officials reasoned if they could pen a homicide case onto Avery, the resultant prosecution would silence the multi-million-dollar civil action.

Brady Violations


In court filings, Avery has chronicled six major Brady violations in post-conviction litigation

Brady violations are instances when law enforcement disregards its duty to notify a defendant of exculpatory evidence — for the police purpose of securing a conviction, then defending the wrongful conviction.

By effectively blocking exculpatory evidence that law enforcement controls or accumulates, law enforcement becomes the architect of court proceedings to arrive at guilty verdicts and other rulings disfavorable to the defense.

This imposed system that a defendant must navigate is found to violate defendants' civil liberties and Due Process in Brady v. Maryland, (373 U.S. 83 (1963). See also Wisconsin v. Gary Lee Wayerski, from the Supreme Court of Wisconsin, (2015). [Under Wayerski, the Court finds that the prosecution must fulfill its Brady obligation by alerting defense to exculpatory evidence in its possession, even if the evidence is also housed elsewhere.]

In Avery's post-conviction litigation, the Wisconsin Dept of Justice refuses to even respond in legal filings to chronicles of Brady violations and new evidence brought forth, much less accede to a hearing or vacating a corruptly secured conviction, least exposure brings the State to public ridicule.

Instead, the DoJ under direction of Attorney General Joshua Kaul (D) makes motion after motion to delay and block the courts from even considering a request to consider a hearing.

So, while the Brady v. Maryland case acclaiming Due Process is 58-years-old, there is no enforcement guarantee or Constitutional ethics in the Wisconsin judiciary that compels law enforcement to follow the law, so law enforcement flaunts its obligations and judges turn a blind eye.

The Wisconsin Dept of Justice, which argues against Due Process rights in the 2015 Wisconsin v. Gary Lee Wayerski (implementing Brady), today takes the position of, We don't like your Due Process rights, we don't like our Brady obligations, we don't like your bringing up law enforcement law-breaking in your post-conviction litigation.

The anti-Brady ethos lives in Avery's post-conviction litigation as the State of Wisconsin filed a frivolous motion that is demonstrably false and that, further, defames and personally maligns Avery's attorney, Kathleen Zellner (Wisconsin legal filing, April 16, 2021).

In response, attorney Zellner penned a devastating chronicle of State conduct that shows the Wisconsin Dept of Justice to be engaged in serial law-breaking and hostility to its law-breaking being mentioned in Court at the costs of an innocent man's life.

Writes Zellner in Reply to State's Response, 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. When the State disclosed a CD of violent porn from the Dassey-Janda computer 12 years after the CD was created and concealed from prior counsel, the State argued, as it does now, that Mr. Avery was attempting to add new material to his § 974.06 motion. (740.5). When the State facilitated the destruction in 2011 of evidence it had agreed to allow Mr. Avery to test, the State argued, as is it does now, that Mr. Avery was attempting to add new material to his § 974.06 motion. (See 770.2). This Court did not accept those disingenuous responses then, and it should reject the same disingenuous response now. (pp 1-2. Reply to State's Response, April 22, 2021)

The community behind Steven Avery remains optimistic.

But the State's reply to Avery's April 22, 2021 chronicle of State misconduct is to strike the whole reply from the record. More game-playing.

There is a huge body of Constitutional law that makes explicit citizen's rights.

The State of Wisconsin will never heed to this law while a corrupt judiciary keeps rewarding bad faith and ill will of the government towards the citizenry for the purpose of securing injustice.

Attorney General Joshua Kaul, who assumed office in 2019, has conspicuously failed to launch any DoJ investigations into law enforcement, including his own department, despite the widespread criticism of police, Ken Kratz, Tom Fassbender (Wisconsin Division of Criminal Investigation investigator (Ret)) and Mark Wiegert, (current Sheriff of the Calumet County Sheriff's Office), for example, in the Avery case.

Kaul's mother, former Wisconsin Attorney General Peg Lautenschlager (2003-2007) worked to clear law enforcement of misconduct in the first east-central Wisconsin crime pinned on Avery for which he was exonerated in 2003. [Wisconsin Dept of Justice report of the investigation and prosecution of the wrongful conviction of the exonerated Steven Avery; authored by Amy Lehmann, Deb Strauss, Dec 17 2003.]

Point is high Democratic Wisconsin state officials remain opposed to Constitutional rights, and advocate, instead, for law enforcement which has grown into a grave threat to the lives and liberty of Wisconsin citizens.

Watch this space for updates on the Steve Avery post-conviction case.

Like a psychopath with his knee to Avery's neck, the State of Wisconsin works to bleed the life out of an innocent man.

And there is nothing law enforcement can inflict that the Wisconsin Dept of Justice will not defend.

Apr 23, 2021

Making a Murderer — Avery Atty Blasts "Disingenuous" DoJ Response in Devastating Legal Filing

Madison, Wisconsin — The Wisconsin Dept of Justice's commitment to defending the wrongful conviction of Steven Avery received a legal thrashing in the latest Avery court filing.

The once-exonerated Steven Avery was made internationally famous in the Emmy-winning documentary, Making a Murderer, for his 2003 exoneration, and subsequent apparent retaliatory frame-up by crooked Wisconsin law enforcement, resulting in his 2007 conviction for the murder of Teresa Halbach in Manitowoc, Wisconsin.

Avery's fight continues in a state coming to be synonymous with corruption in law enforcement.

In a spectacular development, a witness came forward in an affidavit in April 2021, and named Bobby Dassey and "an unidentified older male" as individuals whom witness Thomas Sowinski saw planting Ms. Halbach's dark-blue RAV-4 auto in the Avery auto salvage yard.

Put another way, a witness swears he saw the prosecution's primary witness planting the murder victim's vehicle on the property of the man convicted of first-degree homicide.

After Sowinski witnessed the planting of Ms Halbach's RAV-4, he reportedly phoned the Manitowoc County Sheriff’s Office and was told by a female employee that the Office "already knew who did it," the motion's affidavit reads.

The response of the Wisconsin DoJ to the affidavit was not to launch an investigation into criminal conduct of the Manitowoc County Sheriff’s Office and other Wisconsin law enforcement, though the record is rife with police and prosecutorial misconduct.

Rather, the DoJ, under the authority of Attorney General Joshua Kaul (D), penned a personally insulting legal fling claiming, in part, "The [Avery, April 12] motion on its face shows that it [witness's affidavit] was filed in violation of Wis. Stat. § 802.05(2), applicable here via Wis. Stat. (Rule) 809.84, because it was filed for an improper purpose and without a reasonable inquiry into its factual basis." (State Response to motion for remand, Introduction, p.2)

Attorney Zellner replied that the vetting of witness Thomas Sowinski included an extensive three-month examination, using expert investigators in a reply detailing the examination as being so thorough, it makes liars and fools of the DoJ.

The WorkwithKZ website — that translates legal filings for the general public because of the far-reaching implications of the Avery case — sums up Kathleen Zellner's filing as follows:

In a nutshell, Kathleen says the State is wrong about everything they said and she's insulted that they would accuse her of not researching the validity of a witness. She said their claims that she didn't conduct proper background research into this witness was based on an incorrect assumption they made and listed the ways she feels the state did just that in the initial trial (re: Bobby). She detailed the timeline of her contact with the witness, her research, and their conversations. She provided a copy of the email he [Sowinski] sent her in December, the email he sent to the Innocence Project in 2016 to support his claim that he tried to contact Avery's attorneys at that time, newspaper clippings showing the witness was an employee of the paper, and previously filed statements from Blaine Dassey and Kevin Rahmlow, which she says corroborate the claims this witness is making. She also included a text from this witness, which says he's not interested in the reward. In response to the state saying she didn't perform an open records request, she showed that when she requested this information previously, the response to her was that they didn't have it, so why would she ask again?
So much for the State's assertion that Zellner did not conduct a reasonable inquiry into the factual basis of witness Thomas Sowinski's oft-repeated claims, ignored and effectively buried by the Manitowoc County Sheriff’s Office.

An examination of Zellner's legal filings appears to show that she laid a trap for the reckless and dishonest DoJ, knowing it could not resist a personal insult and a contentious statement of fact.

This DoJ development supplies a point of disagreement that militates for Avery and Zellner's requested remand to County Circuit court and an evidentiary hearing.

The DoJ has throughout this post-conviction litigation ignored its own misconduct that would lead a different attorney general committed to lawful operation of the DoJ to demand several probes to find out how and why rampant misconduct happens with such frequency in Wisconsin law enforcement.

Writes Zellner:

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. When the State disclosed a CD of violent porn from the Dassey-Janda computer 12 years after the CD was created and concealed from prior counsel, the State argued, as it does now, that Mr. Avery was attempting to add new material to his § 974.06 motion. (740.5). When the State facilitated the destruction in 2011 of evidence it had agreed to allow Mr. Avery to test, the State argued, as is it does now, that Mr. Avery was attempting to add new material to his § 974.06 motion. (See 770.2). This Court did not accept those disingenuous responses then, and it should reject the same disingenuous response now. (pp 1-2. Reply to State's Response, April 22, 2021)
The community behind Steven Avery's second exoneration remains optimistic that complete vindication is near at hand.

Sep 11, 2019

Making a Murderer Case: Citizen Offering $100,000 for Info on Halbach Killer Hits Prosecutorial Misconduct

Madison, Wisconsin — What does one do upon becoming aware of multiple felonies destroying lives?

In Wisconsin in the Making a Murderer case, calling law enforcement is not an option.

Law enforcement comprises the felons.

Now, a citizen has stepped forward and offered a $100,000 reward for tips on finding the killer of Teresa Halbach for which two innocent men have been framed, convicted and imprisoned.

The anonymous citizen says "prosecutorial misconduct" and a desire to see justice prevail motivates the establishment of the $100,000 reward fund.

John Ferak, author of the breathtaking Wrecking Crew, Demolishing The Case Against Steven Avery, has the story of the mystery citizen and a question-and-answer with wrongful conviction attorney, Kathleen Zellner.

Zellner will file an eagerly anticipated appellate brief for Steven Avery on October 10.

Sep 9, 2019

Steven Avery Attorney: Citizen Offers $100,000 for Tips Leading to Arrest and Conviction of Teresa Halbach Killer

We are pleased to announce that a reward of $100,000
is being offered, by a concerned citizen, for the arrest
and conviction of the real killer of Teresa Halbach.
All tips should be called in to (630) 847 3733.
Madison, Wisconsin — The attorney for Steven Avery has announced the establishment of a $100,000 reward for tips that lead to the arrest and conviction of the killer of Teresa Halbach.

The announcement was made on Twitter on Monday morning by wrongful conviction attorney, Kathleen Zellner.

The announcement reads: "We are pleased to announce that a reward of $100,000 is being offered, by a concerned citizen, for the arrest and conviction of the real killer of Teresa Halbach. All tips should be called in to (630) 847 3733."

Wisconsin law enforcement has repeatedly thwarted the investigation into the Halbach murder since the frame-up of Steven Avery began in October 2005.

The bodily remains of Teresa Halbach were illegally transported to the Halbach family in 2011 in a secret scheme by Calumet County Sheriff Deputy Jeremy Hawkins, Sergeant Investigator Mark Wiegert, and DoJ Attorneys Thomas Fallon and Norman Gahn.

Fallon and Gahn now argue in post-conviction litigation that since the remains are no longer in State custody, the biological remains of Ms. Halbach that were secretly returned to the family can no longer be scientifically established to be the remains of Ms. Halbach.

This admission in 2018 changed the scene of the crime contradicting the State's narrative presented at trial, (Supplemental Motion for Post-Conviction Relief, March 11, 2019).

Advocates of Steven Avery hope the lure of a large monetary reward can induce citizens coming forward with information they possess about the killer, or other tips about the frame-up.

Still, advocates fear Wisconsin law enforcement are capable of anything. 

Jun 5, 2019

Wrongfully Convicted Wisconsin Man Awaits Word from Circuit Court

Multiple violations of the law committed by Wisconsin
law enforcement are part of post-conviction litigation
in Steven Avery's bid for a new trial.
[p. 10, Defendant's Motion for Leave to File Defendant's
Reply to the State's Response in Opposition to
Defendant's Motion for New Trial. April 11, 2019
]
Madison, Wisconsin — Two Wisconsin Dept of Justice (DoJ) attorneys conspired to destroy exculpatory evidence in 2011 in the Steven Avery case, featured in the Emmy-winning Making a Murderer.

This evidence destruction is being litigated in Avery's post-conviction case by the same two DoJ perpetrators — Asst Attorney General and Special Prosecutor Thomas J. Fallon, and DoJ Special Prosecutor Norman Gahn. Gahn and Fallon were also part of the Special Prosecutor's trial team led by the disgraced sex offender, ex-Calumet County District Attorney Ken Kratz. (McDonell-Parry reports in Rolling Stone Magazine)

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

Fallon and Gahn argue that the evidence they helped destroy was "inexplicably released" from the Calumet County Sheriff’s Department’s evidence control unit in their March 29, 2019 legal filing, (p 13).

"Inexplicably released" is an interesting, indeed disingenuous characterization for the illegal destruction of evidence that not only implicates Fallon, Gahn and Calumet County Sheriff Mark Wiegert, but also is a part of Avery's post-conviction litigation pleading this concealment and destruction violates the Due Process Clause and is a clear Brady violation under Wisconsin judicial doctrine.

The sheer multiplicity of illegality and violations of Avery's constitutional rights by Wisconsin law enforcement is a window into Wisconsin law enforcement corruption.

A reader ought consider noting this is not ole-boy Louisiana corruption. This is demented Wisconsin police corruption, more insidious than any conduct our fellows to the South can conjure.

A co-conspirator in the evidence destruction is current Calumet County Sheriff Mark Wiegert — the same Mark Wiegert who abused a cognitively challenged 16-year-old Brendan Dassey and falsely claimed Dassey had confessed to killing a young woman with Avery in 2005. (Michele LaVigne, Sally U. Miles. Under the Hood. Brendan Dassey. Language Impairment and Judicial Ignorance.)

DoJ attorneys Fallon and Gahn are working under the authority of Wisconsin Attorney General Joshua Kahl (D).

A decision is expected before June 10, 2019. An adverse ruling for Steven Avery is expected from a Wisconsin circuit court judge, Sheboygan County Judge Angela W. Sutkiewicz, (Workwith KZ legal filings).

Avery is expected by observers to prevail in state appellate court.

Jun 1, 2019

Wisconsin Evidence Preservation Law Fails When DoJ and Other Cops Dismiss Duties Mandated by Statute

Wisconsin's biological evidence preservation law is clear:
" ... Except as provided in sub. (3), if physical evidence
that is in the possession of a law enforcement agency
includes any biological material that was collected
in connection with a criminal investigation
that resulted in a criminal conviction, delinquency
adjudication, or commitment under s. 971.17 or 980.06
and the biological material is from a victim of the
offense that was the subject of the criminal investigation
or may reasonably be used to incriminate or exculpate
any person for the offense, the law enforcement agency
shall preserve the physical evidence until every person
in custody as a result of the conviction, adjudication,
or commitment has reached his or her discharge date."
Madison, Wisconsin—As a Wisconsin circuit court judge—Sheboygan County Judge Angela W. Sutkiewicz (substituting)—works on crafting her opinion to sabotage the post-conviction litigation of an innocent man, a state law meant to preserve evidence is one focus of legal filings this year by wrongful conviction attorney, Kathleen Zellner (McDonell-Parry, Rolling Stone Magazine).

The case is State v. Steven A. Avery, Appeal Number 2017AP002288, brought by Steven Avery, featured in the Emmy-winning Making a Murderer.

The prosecution led by Wisconsin Attorney General Joshua Kaul (D) and his legal team—including Mark Williams, Asst Attorney General and Special Prosecutor Thomas J. Fallon, and Special Prosecutor Norman Gahn—have not challenged the fact that law enforcement destroyed evidence in violation of state statute.

In fact, Department of Justice Special Prosecutors Thomas J. Fallon and Norman Gahn plotted to destroy evidence in 2011, and now Attorney General Joshua Kaul has both Fallon and Gahn defending the wrongful prosecution of Avery—discredited work of the disgraced sex offender and ex-Calumet County District Attorney, Ken Kratz—who foisted a fraud upon two separate juries arguing two conflicting sets of facts to convict both Steven Avery and Brendan Dassey.

This is a bizarre development in which two DoJ attorneys break the law, represent the state in post-conviction litigation, and then refuse to engage the arguments pleading the facts and implications of their unlawful conduct.

The legal strategy of the State protecting the conviction of a man whom they know to be innocent is to present a serpentine, internally inconsistent procedural argument that does not address the merits of the willful and unlawful destruction of evidence and the Due Process implications of this lawless state action committed in 2011 (Avery legal filings).

Worse, the State DoJ is continuing its effort to obstruct attorney Zellner, while Judge Angela W. Sutkiewicz continues her strategy of running legal interference on the circuit court level to whom the case was sent back by a state appellate panel on Feb 25, 2019.

This is a spectacle of lawless Wisconsin law enforcement that is largely blacked out in the Wisconsin media.

As Amelia McDonell-Parry reports in Rolling Stone Magazine in Feb 2019:

Attorney Kathleen Zellner has filed a new letter with the Wisconsin Court of Appeals on behalf of her client, Steven Avery, accusing the Attorney General’s Office of 'trying to deceive' her and the Court about the status of key forensic evidence in the Making a Murderer case. Zellner’s letter, submitted on February 13th, is actually her second letter to the court in as many days; both letters supplement a January 24th motion that accused prosecutors of violating state law and Avery’s constitutional rights by destroying evidence. Zellner tells Rolling Stone that she has since learned that a key piece of evidence—suspected human pelvic bone fragments, which could exonerate her client—may have been destroyed as well. And, she says, prosecutors are 'obstructing' her efforts to find out.

According to a newly discovered police report and updated evidence control ledgers, on September 20th, 2011, 'human bone' fragments recovered during the investigation were removed from the Calumet County Sheriff’s Department’s evidence control unit. They were transferred to a local funeral home, which then 'returned' the bones to the family of murder victim Teresa Halbach.

According to an affidavit from Avery’s former appellate attorney Suzanne Hagopian, the State never informed defense counsel of its intention to effectively 'destroy' key case evidence by giving it to the victim’s family. Wisconsin law requires law enforcement to preserve 'any biological material' and 'physical evidence' until the convicted defendant has been discharged from prison. Avery is serving a life sentence without the possibility of parole, and the Wisconsin statute protects his right to retain evidence that 'may reasonably be used to incriminate or exculpate any person' in Halbach’s murder.

Calumet County Sheriff’s Department Deputy Jeremy Hawkins states in the 2011 police report that Sgt. Investigator Mark Wiegert, and attorneys Thomas Fallon and Norm Gahn, were involved in removing the bones from evidence control. Wiegert was a lead investigator in the case, while Fallon and Gahn were on the trial prosecution team. Fallon is now an Assistant Attorney General, and he and Gahn continue to represent the case on behalf of the state of Wisconsin as Avery appeals his conviction. Rolling Stone sent Fallon and Gahn a detailed request for comment on the claims outlined in Zellner’s court filings; a spokesperson for the Attorney General’s Office replied to say that they 'cannot comment on ongoing litigation.'

The September 20th, 2011 police report, which Zellner says she received in December from an anonymous third-party, has exposed a lot more than just a violation of state law. A thorough assessment of updated evidence control ledgers and crime lab unit reports (attached as exhibits to her four most recent court filings and reviewed by Rolling Stone) indicates that the 'human bones' recovered during the investigation were more plentiful than had ever been conveyed to the defense. And many of the bones that were returned to the Halbach family in 2011 were collected from locations that prosecutors claimed had nothing to do with her murder.

According to police and prosecutors, Avery fatally shot Halbach in his garage, dismembered and then burned her body in a pit next to his trailer. Investigators recovered charred human remains, namely bone, from Avery’s burn pit and a burn barrel. However, there was also evidence of a second burn location just over half a mile from Avery’s trailer. The Manitowoc County quarry is about a quarter mile from what used to be a back entrance to the salvage yard; that’s where investigators recovered another burn pile containing possible human pelvic bone fragments.

Avery’s trial attorneys theorized that the quarry bones were evidence that Halbach’s body was burned somewhere other than the Avery property. Prosecutor Ken Kratz, on the other hand, downplayed the possibility that they were human, telling the jury, 'These bones in the quarry, I’m going to take 20 seconds to talk about, because the best anybody can say is that they are possible [sic] human.'

Zellner has wanted to get her hands on the suspected human pelvic bones since November 2016, when the Wisconsin Circuit Court ordered new scientific testing on certain items of evidence. In September 2017, Assistant Attorney General Fallon agreed to allow a 'microscopic examination' of the pelvic bone fragments to determine whether they’re human. For Zellner, this examination is just the first step toward proving a longtime defense theory that Halbach was killed, dismembered and burned at another location.

'[Avery’s trial attorney] Jerry Buting even said, if her body parts are over in the quarry, then Steven Avery’s innocent because the prosecution said she never left the property,' Zellner says. 'Plus, he’s not going to bring the bones from the quarry and plant them in his burn pit!'

However, soon after the parties agreed to examine the bones, the circuit court [Judge Angela W. Sutkiewicz] issued a seemingly hasty decision denying Avery’s petition for post-conviction relief, despite the fact that several court-ordered tests were still pending. Examining the bones has been put on hold, pending a ruling by the Court of Appeals.

State Appellate Court will make Steven Avery free, observers believe.

What is unclear at this point in litigation is how far Wisconsin law enforcement, led by Wisconsin Attorney General Joshua Kaul (D), will go to protect an unlawful and wrongful conviction. 

May 29, 2019

Making a Murderer's Steven Avery Waits on Ruling, Hearing, Anything from Corrupt Circuit Judge

Update: Sheboygan County Judge Angela W. Sutkiewicz (substituting) reached a result adverse to Steven Avery in State v. Steven A. Avery, Appeal Number 2017AP002288 long ago. But Sutkiewicz works backwards. Result first, then draft an order and opinion to support the position of corrupt Wisconsin law enforcement, an opinion that will fly in appellate court to some extent.

Sutkiewicz is working on drafting and an adverse ruling that will sabotage and work against the wrongfully convicted Steven Avery.

It's how it is here.

From Kathleen Zellner, wrongful conviction attorney:

The dreadful Kafka could not have imagined Wisconsin law enforcement and Judge Angela W. Sutkiewicz.

Madison, Wisconsin — Wrongfully convicted Steven Avery, is awaiting a state circuit court ruling on his motion for an evidentiary hearing, and a new trial.

A website, Work with KZ, (for Avery's wrongful conviction attorney, Kathleen Zellner) maintains the site for the press, public and those interested in this particular state crucifixion.

The post, Awaiting ruling from Circuit Court, is reproduced below:

Awaiting ruling from Circuit Court

The Court has 90 days from the date the motion was filed with the Circuit Court if the response and reply are NOT considered. (June 9 - or the 10th, since the 9th is a Sunday).

Kathleen's most recent filing implies that the Court did not ask for the State's response.  We will have to wait for the Court to say whether or not the response and subsequent reply will be considered.

IF THE RESPONSE AND REPLY ARE ACCEPTED, the 90 days starts from the date Kathleen filed her reply, which would put the due date at July 10.

This is what we expect:

If the court grants the motion and says Steven gets an evidentiary hearing, the State cannot appeal that decision.

 If they have a hearing and the resulting order is for a new trial to happen, the State will appeal that decision.

If they have a hearing and the resulting order is that a new trial is denied, Kathleen will add it to her appellant brief.

If the court denies the motion and says Steven cannot have an evidentiary hearing, Kathleen will add it to her appellant brief.

So, either way, it's going back to the Court of Appeals.

Here's the info on responses FYI:

Can the State respond?

1. The court can deny the motion without a response from the State.

2. The court can grant a hearing without a response from the State.

3. The court cannot grant the motion without a response from the State. (If the judge asks the State for a response, that means she's probably considering granting the motion.)

4. The State can respond regardless but the judge doesn't have to consider their response if she didn't ask for one.

* If she asks the State for a response, she will dictate how long they have to respond.

For those of you who are interested, here is the Wisconsin Statute that says what the required procedure is for the court: Click Here.

May 21, 2019

Wrongfully Convicted in Wisconsin — Waiting for Judge Angela Sutkiewicz' Adverse Ruling and Opinion

Madison, Wisconsin — Some things in Wisconsin seem impervious to change.

One of the worst enduring features is corrupt law enforcement exemplified by disgraced ex-district attorney Ken Kratz (Calumet County), Special Prosecutor Mark Williams (Dept of Justice), Attorney General Joshua Kaul, and far too many more to list.

The bad work of Kratz is being defended by Williams, Kaul and others for whom facts, transparency and truth are to be opposed, lest Wisconsin law enforcement is exposed more prominently as indecent, capable and inclined to railroad the innocent.

Williams is a class-A scumbag, revealed by private investigator Ira Robins to have hidden evidence, and lied repeatedly to the court in a frame-up of Lawrencia (Laurie) Bembenek.

It makes sense in the amoral mind of Kaul that in protecting another frame-up Williams would be called upon as a special prosecutor in State of Wisconsin vs. Steven A. Avery, (Manitowoc County Case Number 2005CF000381).

Just three months ago, the wrongfully convicted Steven Avery won an important state appellate court ruling.

Wrote Avery's attorney, Kathleen Zellner:

But Zellner and Avery's advocates know the courtroom of  Judge Angela Sutkiewicz will bring an adverse ruling. Sutkiewicz is as corrupt as any Wisconsin law enforcement personnel, so the case will be won in appellate court.

The problem is Sutkiewicz is taking her sweet time and has not even scheduled hearings, per the Feb 25, 2019 appellate court order mandating "any proceedings necessary to address [Avery's] claims," which the State fails to address in argument on the merits.

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.

So, as Summer approaches, we wait and wait. Writes Zellner:

May 8, 2019

Wisconsin Attorney General Joshua Kaul Is Promoting a 'Mockery of Justice' in Making a Murderer Case

Above, attorney Kathleen Zellner is shown walking with
innocent people for whom she and her legal team have won
exoneration and freedom. The world-renown attorney
faces perhaps her biggest challenge yet against corrupt
Wisconsin law enforcement, and a state judiciary hostile
to civil rights and stacked with corrupt jurists biased in favor
of police. Zellner has won a worldwide following of
admirers
who object to the imprisonment of people known
to be innocent.

Innocent awaits ruling from corrupt county circuit court


Madison, Wisconsin — A wrongfully convicted man, Steven Avery, is awaiting a state circuit court ruling on his motion for an evidentiary hearing, and a new trial.

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 had been sent back.

No such proceedings have been ordered to this date.
 ---
Steven Avery's story is abject demonstration of the determination of law enforcement to work against innocents, and the incapacity of Wisconsin society — corporate media, police, courts, bureaucracies, elected representatives and many citizens — to even acknowledge the perverse efforts of the Wisconsin Dept of Justice (DoJ) now led by Attorney General Joshua Kaul (D), to keep innocents in prison.

Kaul is working to shield criminal acts committed by Wisconsin law enforcement by blocking examination of evidence, opposing all court hearings, and promoting "finality in criminal litigation" so that police and prosecutorial misconduct are protected, and the innocent remain imprisoned, (p.4. State's Response to Defendant's Motion for New Trial Based on Alleged Youngblood Violation, March 29, 2019).

Steven Avery is featured in the Emmy-winning documentary, Making a Murderer.

Kaul has the discretion to accede to Avery's requests for transparency and open examination of evidence and state misconduct.

The case is now before Sheboygan County Judge Angela W. Sutkiewicz who is expected to issue a ruling within weeks on Avery's legal motions

Sutkiewicz is a corrupt judge who does the work of police and prosecutors against people and the cause of truth.

Advocates for truth in the Avery case expect their efforts to be won in state appellate court after an anticipated adverse ruling by Sutkiewicz.

The post-conviction ligation is State v. Steven A. Avery, Appeal Number 2017AP002288, now before Manitowoc County Circuit Court, substituted by Sutkiewicz.

State of Wisconsin Criminality 

In its late-March legal filing, the DoJ argues only procedural objections to Avery's charges of bad-faith state 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 criminality and lawlessness in litigation, the State's conduct is striking in its 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 refers to the DoJ post-conviction 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, and is defending his own misconduct.

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 and other advocates for the innocent Avery argued in her Feb. 1 legal filing:

Mar 8, 2019

Innocent in Wisconsin — Advocates Fight for Wrongfully Convicted

The violence and malice of Wisconsin law enforcement
takes a toll on advocates working to free the innocent.
Many take solace from art, music and religion.
"I've done my sentence, but committed no crime" is
a lyric from Queen's We Are the Champions.

"It is too easy to convict an innocent person." — John Grisham, (Chicago Tribune)


Madison, Wisconsin — This afternoon at 5:00 p.m. (central time) advocates for two wrongfully convicted men will be out on social media (#WakeUpWisconsin and #NudgeTheJudge) in an ongoing effort to draw press attention to Wisconsin law enforcement  misconduct and one corrupt member of the judiciary, Sheboygan County Judge Angela W. Sutkiewicz.

The advocates work world-wide for the exoneration of Steven Avery and Brendan Dassey, featured in the Making a Murderer docu-series.

Historically, American law enforcement is the preferred means to thwart citizen action and disfavored social movements.

In Wisconsin, the focus of police remains on black and brown people, but across the state, the increasingly wanton and capricious nature of policing imperils virtually anyone caught at the wrong time at the wrong place.

Citizen advocates, working to reveal police misconduct in the Steven Avery and Dassey cases, have uncovered numerous instances of misconduct.

Advocates just revealed another crime, felony perjury.

Two demonstrably corrupt members of Wisconsin law enforcement — Special Agent Thomas Fassbender of the Wisconsin Division of Criminal Investigation and Manitowoc Lt. Detective James Lenk (ret) — are filmed together during the litigation of the civil right suit brought by Steven Avery that induced corrupt law enforcement to frame Avery for the murder of Teresa Halbach.

Lenk, now living on his police pension in a golf course community in Green Valley, south of Tucson, Arizona, is widely acknowledged to have planted key evidence framing Steven Avery (Appleton Post-Crescent).

Lie for the police force; stay with the program; get out and live on your pension. It's what many cops do.

Another fact coming to light to light reveals Fassbender lying under oath, (committing criminal perjury), about ever knowing Lenk.

A reckoning is coming against Wisconsin law enforcement; it just doesn't seem that way.
Attorneys Laura Nirider and Kathleen Zellner are depicted above.