Showing posts with label Thomas J. Fallon. Show all posts
Showing posts with label Thomas J. Fallon. Show all posts

Jun 16, 2019

Wisconsin Wrongful Conviction Case Is Beyond Absurd; Ralliers Call for Evidence Examination and Trial

Drawing: Kathe Kollwitz, (1867-1945). Kollwitz is a major
anti-fascist artist who lived in Germany, and never recovered
from the death of her young son killed in World War I.
Madison, Wisconsin — Wisconsin law enforcement's framing of Steven Avery, and the ludicrous false confession imposed upon the cognitively challenged juvenile Brendan Dassey suffering from a language disorder is the work of humans — Mark Wiegert, (now sheriff of the Calumet County Sheriff's Office), and Tom Fassbender (Wisconsin Division of Criminal Investigation investigator (ret)).

Both Avery and Dassey were framed, unjustly charged, unjustly prosecuted and unjustly convicted of murder in two different trials where two mutually exclusive tales of the murder were presented to the juries. [See WorkwithKZ for updated legal filings.]

God is not responsible. There was no rule of law. This injustice is the unlawful work of corrupt cops with a frightening capacity to prey on children. Read Michele LaVigne and Sally U. Miles' paper, Under the Hood: Brendan Dassey, Language Impairments, and Judicial Ignorance, and consider how Wiegert, Fassbender, and in a different capacity, one Judge David F. Hamilton of the United States Court of Appeals for the Seventh Circuit, can live with themselves.
 
Law enforcement is carried out by individuals for whom empirical rigor, rules of logic, social justice, civil liberties, human rights and intellectual honesty are seen as either barriers to overcome or academic pursuits irrelevant to their jobs.

Perverse will without the rule of law guided events leading to Avery and Dassey's conviction, and now the quest for freedom and exoneration.

The men and women of the Manitowoc County Sheriff Office, the Calumet County Sheriff Office, district attorneys, corrupt judges worked to convict innocent men, with no public dissent from cops.

The Wisconsin Dept of Justice led by Attorney General Joshua Kaul (D) has enlisted the help of corrupt prosecutors Mark Williams, Asst Attorney General and Special Prosecutor Thomas J. Fallon and Special Prosecutor Norman Gahn to keep Avery in prison, and to protect Wisconsin law enforcement.

"Despotism is a plan alone, without law and without rule, leading all its will and caprices," wrote  Montesquieu. Montesquieu's characterization of tyranny presages sex offender and prosecuting trial attorney Ken Kratz, Kratz' legal champion Joshua Kaul, Williams, Fallon and Gahn.

This weekend advocates for Dassey and Avery vowed to see Avery and Dassey exonerated. Only a fool would underestimate their determination.

From Kathleen Zellner, Avery's post-conviction attorney:

The Avery and Dassey injustices would not occur everywhere in Wisconsin. Not in Dane County today, for example. [Note in 1994-95, some of the major elements and dynamics in police misconduct were used to arrest, charge and convict an innocent woman, Penny Brummer, in Dane County though in Ms. Brummer's case she drew the attention of law enforcement because she is an out lesbian, hence suspicious in the minds of late 20th century law enforcement. Brummer remains in prison.]

But it remains convenient, good for a career in law enforcement, to frame innocent people in many jurisdictions in Wisconsin.

Writes John Ferak in the book, Wrecking Crew, Demolishing The Case Against Steven Avery (Wild Blue Press):

Being a sheriff's deputy in a small town means something. It means clout. It makes you somebody. You are given enormous power to mess with somebody's civil rights and freedoms. Want to harass somebody? Want to make somebody's life miserable? Want to intimidate someone? Want to rough someone up? Most cops who operate on the dark side of the law know what they can get away with. (Page 75. Chapter Nine, Shady Department)

Stay tuned. Steven Avery, Brendan Dassey, attorney Kathleen Zellner and millions of supporters worldwide are not going anywhere.

See WorkwithKZ for updated legal filings.

Mar 26, 2019

Wisconsin DoJ Maintains Silence on Steven Avery Wrongful Conviction

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

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

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

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

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

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

Feb 14, 2019

Wisconsin DoJ Attorney Leaves Errant Voicemail to Opposing Counsel

Wrongful conviction attorney, Kathleen Zellner, has
achieved folk hero status. Zellner is currently working
to exonerate Steven Avery and Brendan Dassey.
Madison, Wisconsin—Mark Williams and Thomas J. Fallon, attorneys with the Wisconsin Dept of Justice, were just caught red-handed continuing their pattern of lying in Steven Avery's post-conviction litigation, featured in the Making a Murderer docu-series.

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

Williams reached Zellner's voicemail in the apparent belief he was speaking on Fallon's voicemail.

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

Williams urges Fallon not to contact Zellner until they determine if the State is in possession of the pelvic bones, contradicting past assurances made by the State. This appears to implicate the State in conducting post-conviction litigation in bad faith, with two men's lives on the line. Put another way, the DoJ is playing games in this grave litigation.

This development follows examination of the contents of some 300 documents obtained in a new Freedom of Information Act (FOIA) revealed the weekend of Feb. 8 by supporters of wrongfully convicted Steven Avery and Brendan Dassey, that appear to implicate Wisconsin law enforcement in misconduct.

Advocates are planning an event entitled Wake Up Wisconsin on Feb. 15, Friday at 5:00 p.m. on Twitter to alert Wisconsin media about recent developments in the fight to free Steven Avery and Brendan Dassey.

Participants will tweet #WakeUpWisconsin and post messages in support of Brendan Dassey and Steven Avery.

Attorney Kathleen Zellner's letter to the district two appellate court is below.

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