Showing posts with label police corruption. Show all posts
Showing posts with label police corruption. Show all posts

May 17, 2021

Outrageous Criminal Justice System Supported by Dems and Republicans

Madison, Wisconsin —  Police are free to harass, lie, defame, steal, plant evidence, maim and kill because elected policymakers give cops the green light.

In Louisville, Police Detective Mark Handy lied and planted evidence to send four men to prison.

Local and federal prosecutors and fellow cops knew about Handy, noone said a word — afterall, prosecutors and cops had to consider convenience and career before they stood up for people whom they knew to be innocent.

Edwin Chandler spent 10 years in prison because of Handy’s lies. Chandler pronounced the criminal justice system "broken."

Mark Handy will serve one year in prison for destroying four lives.

Police dishonesty and malice is an old story, an old crime, and without black liberation workers, nothing here would change.

"One of the reasons you've seen the advent of criminal [justice] reform movements like Black Lives Matters and other kinds of movements that have come about, is because the system had swung so far to law enforcement," because, in part, the immunity that gives law enforcement impunity to break the law in "outrageous" ways, said attorney Mark Geragos, (Interview with Edward Michael Johnston, a Senior Lecturer in Law at the University of the West of England Bristol in interview, Criminal Justice Natters.)

Consider bellwether Wisconsin. 

The Wisconsin legislature will enact no legislation to deincarcerate, defund and hold police accountable. The legislature will not even consider legislation that helps the wrongfully convicted.

Democratic Wisconsin State Sen Tim Carpenter (Milwaukee), a monument to Democratic Party inaction, continues his work against black and brown citizens, and Black Lives Matter, while sponsoring lame legislation with the rationale that racist Milwaukee police allied with Carpenter should live within municipal boundaries.

Not a banner year for police reform here almost one year after the police murder of George Floyd, though Carpenter did manage to co-sponsor a bill last year that criminalizes damaging statues.

The innocent languish is Wisconsin prisons, as Attorney General Joshua Kaul (D) and Gov Tony Evers (D) work to keep wrongfully convicted imprisoned, while defending the criminal justice system as just and fair, instead of corrupt and crooked.

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Apr 12, 2021

Making a Murderer — Avery Attorney Names Apparent Murder Suspect; New Eyewitness Comes Forward, Ids Planting of Victim's RAV-4


Avery Motion Directly Implicates Manitowoc County Sheriff’s Office, Bobby Dassey and an Older Unidentified Man in Spectacular Development

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

Today, Steven Avery's attorney, Kathleen Zellner, named Bobby Dassey and "an unidentified older male" as the individuals who planted Ms. Halbach's dark-blue RAV-4 auto in the Avery auto salvage yard, citing a witness who came forward April 11, 2021.

Writes Ms Zellner on Twitter:

Post-conviction litigation is being pursued by Avery's attorneys, Kathleen T. Zellner and Steven G. Richards, in the Wisconsin court system (State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288). The case was awaiting decision in state appellate court (Work with KZ).

This morning on April 12, preceding the announcement, Zellner filed a motion in state appellate court asking for a remand [to County Circuit Court] and a stay of the appeal.

The motion to remand the case is a spectacular development that chronicles two people moving a murder victim's car onto the Steven Avery property after an eye witness, Thomas Sowinski, a motor-route driver for Gannett Newspapers, Inc. came forward on April 11, 2021 (pp 1.2).

After Sowinski witnessed the planting of Ms Halbach's RAV-4, he called 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.

Sowinski said in his affidavit, that not only did he witness Bobby Dassey "suspiciously pushing" the victim's vehicle down Avery Road, but that Bobby attempted to block Sowinski from leaving the property. The second older man ducked down below an open passenger door upon encountering Sowinski.

Sowinski said, "I know that Bobby Dassey and the older individual were doing something creepy." (Affidavit).

As Mr Sowinski's call was not communicated to the Avery defense, the omission by disgraced ex-District Attorney Ken Kratz is a glaring Brady violation.

Zellner told Patch. com (Ferek): "This is an evidence bombshell in the Avery case. We consider it the most significant witness evidence ever in the case, and it's an objective, non-biased witness who notified police in 2005 and he was ignored."

I think Steven Avery never would have been convicted had this evidence been known during his trial, and it destroys Bobby Dassey's credibility and links him to the crime."

The community behind Steven Avery and Brendan Dassey expects a complete exoneration and a criminal probe of Calumet County and Manitowoc County law enforcement, and top officials in the Wisconsin Dept of Justice.

Tips are now coming in to attorney Zellner on the identity of the second person.

The Wisconsin Dept of Justice, let by Attorney General Joshua Kaul, appears to be shielding the rampant corruption and criminality of law enforcement in east-central Wisconsin.

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).

Kratz prosecuted both the Avery and Dassey cases before resigning in disgrace in 2010 after sexual assault and harassment allegations against him came to light and Gov Jim Doyle began removal proceedings.

Gov Doyle (2003-11) and Kaul's mother, former Wisconsin Attorney General Peg Lautenschlager (2003-2007) were bitter political enemies.

The Wisconsin Dept of Justice for now is keeping with its strategy on post-conviction litigation by pleading procedural arguments as evidence of law enforcement misconduct mounts.






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Mar 13, 2021

Steven Avery Attorney: '100 Percent Sure Who Killer Is, What Happened'

Madison, Wisconsin — The exonerated Steven Avery made internationally famous in the Emmy-winning documentary, Making a Murderer, is facing his most grave challenge yet.

Mr. Avery is fighting for his freedom again after being framed by Wisconsin law enforcement a second time in 2007 after he sued Manitowoc County for $36-million for his first wrongful conviction in 1985.

Post-conviction litigation is being pursued by Avery's attorneys, Kathleen T. Zellner and Steven G. Richards, in the Wisconsin court system (State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288). The case is awaiting decision in state appellate court (Work with KZ).

This week, Avery's attorney, Kathleen T. Zellner, spoke with Edward Michael Johnston, a Senior Lecturer in Law at the University of the West of England Bristol.

In the interview conducted via Zoom March 12 with Dr. Johnston for his YouTube channel, Criminal Justice Natters, Ms. Zellner offered that she knows who the actual killer of Teresa Halbach is, and what the circumstances are.

"I'm absolutely, 100 percent sure that he's [Steven Avery] innocent. I'm 100 percent sure I know who the killer is and exactly how this happened," said Zellner at the 32-minute mark.

Viewers of the docu-series would love to hear Zellner's theories on the murder but will have to wait until the time is right procedurally for this to be revealed.

Experts believe naming the killer outright publicly in an ongoing post-litigation case could infringe the presumption of innocence, and potentially could lead to destruction of evidence, or perhaps goad the killer into fleeing, among other developments.

Zellner, a veteran of many wrongful conviction cases, said killers almost always confide in other people, and suggested it is just a matter of time before the killer is brought to justice.

Meanwhile, Brandan Dassey, also convicted of helping to kill Ms. Halbach, and his supporters are pressuring Wisconsin Governor Tony Evers for a full pardon, in light of the lack of a case against Dassey.

The cases remain a stain on the Wisconsin legal system and the state Dept of Justice. 

The District Attorney, Ken Kratz, who prosecuted both the Avery and Dassey cases resigned in disgrace in 2010 after sexual assault and harassment allegations against him came to light and Gov Jim Doyle began removal proceedings.

Kratz has retired from the practice of law following a complaint with the Wisconsin Office of Lawyer Regulation by Wisconsin resident Michael Leon for misrepresentation of his ability to practice law and his license status. 

Kratz has reportedly moved from Wisconsin.

Still, the Wisconsin Dept of Justice stubbornly defends the case against Dassey brought by a disgraced district attorney in a severely biased jurisdiction.

The Zellner-Johnston interview is below:

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Jul 25, 2020

Innocent Wisconsin Man Wins Release with Habeas Petition

Wisconsin Is Worst Place to Be Innocent


Madison, Wisconsin — Innocent people should never fear the police. But they do, and with justification.

Innocence means nothing in police culture and operations, and the state judiciary system will snuff out a life with no qualms.

Cops are out to inflict, defame, arrest, fine, harass and kill the innocent, especially if the innocent are black and brown. Hence, jurists' advice to citizens: Never talk to police, they're ignorant and malicious.

Police action against the innocent is often illegal, and police get it away it every day because in Wisconsin, there is a cult of the police in media, in the Democratic and Republican parties, in the judiciary, everywhere.

To little fanfare, Ladarius Marshall will be a free man after 12 years behind bars, after being feisted upon by Wisconsin cops as a 16-year-old in 2008.

Mr. Marshall filed a successful habeas petition in federal court, (Schuldt, Wisconsin Justice Initiative).

The habaus petition was successful and prosecutors declined to bring new charges, so blatant is the violation of fundamental rights in Mr. Marshall's case.

This is Wisconsin, and Marshall is not alone in being forced to deal with dirty cops who have not apologized to Marshall.

There reamins of course the still-imprisoned innocents, Brendan Dassey, Steven Avery and Penny Brummer. Untold more remain behind bars.

Consider that. These are innocent people behind bars, and Wisconsin law enforcement has and will do anything, illegal and legal, to keep them there.

Stay tuned.
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Jun 25, 2020

Steven Avery June 25 Brief Filed for Wrongfully Convicted Wisconsin Man

Madison, Wisconsin — Legally, Steven Avery's post-litigation case is over.

Brady violations, law enforcement smashing preservation of evidence statute, and new evidence all present an overwhelming case that Avery should at least be granted a new trial.

But this is Wisconsin. As compelling is Avery's June 25, 2020 reply brief before the Wisconsin Court of Appeals, Dist Two, the Dept of Justice will lie, abide law enforcement lawlessness and cheat to prevail in post-conviction litigation.


"Steven Avery (“Mr. Avery”) has spent 5,343 days (128,232 hours) behind bars for his second wrongful conviction. He has endured the mental anguish of knowing that he is innocent and his constitutional rights to a fair trial were violated,” writes atty Kathleen Zellner in the introduction.

There is nothing Attorney General Joshua Kaul (D) will not do to protect the wrongful conviction obtained by disgraced sex offender and Calumet County District Attorney Ken Kratz, (1992-2010).

Truth, justice, protection of the innocent —  these are not what the Wisconsin Dept of Justice does.
Rampant law-breaking by law enforcement is the norm.
Stay tuned. Brief link is here.
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May 6, 2020

Cops Beat Another Victim — This Time in New Jersey

Update: New police murder. Indianapolis cop guns down another black man in a car yesterday, (Indianapolis Star).
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Police are using social-distancing orders as a license to ambush and beat human beings, as reports of beatings pour into social and conventional media.

The latest police attack in Jersey City, (where police routinely beat citizens), is nothing less than a police riot.

No criminal charges will be leveled against these punks.

No police organizations will issue statements of condemnation of these cops beating a man.

No cops will issue public statements challenging these beatings.

Watch the video below of white police beating a black man as a black police officer tries to stop the beating, and be warned that it's disgusting.

Communities need to begin contemplating how to defend our families against police, establishing aims and objectives that should not exclude violent resistance.

Watching the video below from New Jersey and other similar videos, I imagined a Special Forces sniper taking aim and taking out the assaulting police thugs.
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Oct 14, 2019

Steven Avery Appeal Filed — Shines Light on Wisconsin Law Enforcement Corruption in Fight for Exoneration

Is the government required to follow the law when the state
investigates, and litigates against a defendant? Yes,
Steven Avery argues in a 135-page brief filed today in
Wisconsin appellate court. Avery argues the law enforcement
team that conspired to destroy biological evidence engaged
in an illegal scheme that runs afoul of the effect of  two
critical cases protecting innocents. Reads the brief in part,
"[T]e Youngblood test examines the government’s role
  in  the  circumstances  that  led  to  the  destruction  of
the evidence. 488 U.S. at 56–58. If a criminal
defendant can satisfy either  test,  then  a  court 
will  rule the destruction of evidence was a violation
of due process and reverse the defendant’s conviction. 
Youngblood, 488 U.S. at 54; Trombetta, 467 U.S. at 484." 
Updated - Madison, Wisconsin — A much-anticipated appeal from Steven Avery was filed in state appellate court this morning, court records indicate, (State of Wisconsin v. Steven A. Avery, Appeal Number 2017AP002288).

The 135-page appeal asserts numerous instances of law-breaking committed by Wisconsin law enforcement including DNA evidence destruction, evidence concealment, myriad Brady violations, and deprivations of Due Process and Constitutional rights that helped to convict and illegally block post-conviction litigation efforts of a man whom millions world-wide believe to be innocent.

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

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

The text of the appeal is posted on social media and the site, WorkwithKZ, and can be found here as well.

Attorneys Kathleen T. Zellner and Steven G. Richards are Mr. Avery's attorneys.

The bizarre post-litigation case includes a flaunting of Wisconsin's evidence preservation law in a law enforcement scheme that saw the remains of murder victim Teresa Halbach illegally transported to the Halbach family in 2011 by Calumet County Sheriff Deputy Jeremy Hawkins, Sergeant Investigator Mark Wiegert,and DoJ Attorneys Thomas Fallon and Norman Gahn.

Chutzpah and Wisconsin Law Enforcement

Fallon and Gahn helped to prosecute the Avery case in 2007, then in 2011 destroyed biological evidence in their scheme, presenting to the Halbach family numerous bones as Teresa Halbach's remains.

Now, Fallon and Gahn argue in state appellate court that since the evidence they destroyed is forensically worthless because of contamination, its exculpatory value to defendant Avery can no longer be ascertained.

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 a disingenuous characterization for the illegal destruction of evidence that not only implicates Fallon, Gahn and Wiegert, but also is a clear violation of the Due Process Clause, and is a Brady violation under Wisconsin judicial doctrine.

Avery in his brief today argue that Wisconsin's "DNA evidence preservation statute presumes that every violation constitutes 'bad faith,'" (See pp 128-1320.)

The brief is also critical of the lower circuit court's handling of the post-conviction litigation by Judge Angela W. Sutkiewicz, arguing the judge abused her discretion in several instances, and that her reasoning on several points is deeply flawed.

Abusing discretion. That's legal language for grave misconduct that in this case prevents Avery from receiving a fair hearing in post-conviction litigation.
Brady Violations

Violations of the Brady Rule, prosecutors’ duty under the Brady v. Maryland (1963) case to turn over to the defense exculpatory evidence are "epidemic," to borrow a term from an opinion from former Judge Alex Kozinski, Chief Judge, U.S. Court of Appeals for the Ninth Circuit. (Cassens-Weiss, ABA Journal).

The state of Wisconsin law enforcement conducts
its Brady obligations as though these constitutional safe-
guards were optional, and of no importance. Steven
Avery is arguing against this position and Avery is
on strong footing as he attempts to gain his freedom.

In the coming weeks, the Wisconsin population may learn what a Brady motion violation is, and why the state's Brady violations should also result in vacating this wrongful conviction in this case, as is argued in the brief.

The state of Wisconsin's failure to disclose exculpatory evidence in its litigation against Avery should result in a reversal or a vacating of the 2007 conviction.

In Feb 2019, notes the Evidence Prof Blog, the burden is now on the state in Wisconsin to follow the dictates of Brady after a powerful opinion in State v. Wayerski, 2019 WL 471276 (Wis. 2019):

[T]he Supreme Court of Wisconsin issued an opinion that might have huge implications for the Brady doctrine. Under that doctrine the prosecution has an affirmative obligation under the Due Process Clause to disclose material exculpatory evidence to the defense. In its opinion in State v. Wayerski, 2019 WL 471276 (Wis. 2019), however, the Supreme Court of Wisconsin held that Wisconsin courts had shifted the focus from the State's misconduct to the defense's due diligence and issued a course correction.

To read the State's position in State of Wisconsin v. Steven A. Avery, misleading the defense, concealing evidence and destroying evidence are effectively not a matter of Constitutional importance.

See also:

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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.
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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. 
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Mar 21, 2018

Man Given Civil Citation for Being Gay and Disorderly in New London, Wisconsin

No gays allowed? Water Street Vintage, LLC, (New London,
Wisconsin), antique clerk accosts Madison man; phones police
who arrive and then cite John Quinlan with a disorderly
conduct citation, apparently for being gay and
living in Madison.
Update: Madison man's Facebook page, (not linked here because of privacy and safety concerns), is now populated by hate-filled, anti-LGBT bile and defamation by Wisconsin Christian fundies.

Anyone doing business with Water Street Vintage, LLC, (New London, Wisconsin), is supporting hate.
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Madison, Wisconsin—In Madison, most everyone is two degrees away from at least having met social justice activist, John Quinlan.

There's John Quinlan doing his weekly show on WORT-Radio, (Madison, Wisconsin).

There's John Quinlan receiving the Martin Luther King Humanitarian Award.

There's John Quinlan working for marriage equity, and on and on.

Quinlan the gentle soul that he is visited his hometown in northeastern Wisconsin, New London, (pop. 7,295), and visited an antique store, Water Street Vintage, LLC, this week.

As reported by Quinlan, a fundamentalist, anti-choice Water Street Vintage clerk caught up with Quinlan while shopping and accosted the man about Donald Trump, Scott Walker, going to hell, being a "heathen" and so forth.

Quinlan complained to the owner, while the clerk phoned the New London, Wisconsin Police who arrived with three cops, including one chief Jeffrey A. Schlueter, and cite Quinlan! for disorderly conduct.

This municipal-citation bomb is a new tactic and now frequent occurrence by small-town Wisconsin fundamentalists and less-than-gifted police who tend to be corrupt, authoritarian and rightwing Trumpists.

An attempt to contact Water Street Vintage, LLC by phone was unsuccessful.

The registered agent of Water Street Vintage, LLC is Kelly Rickert, according to the Wisconsin Dept of Financial Institutions.

A Linked-in search of Rickert lists Rickert as "Business Owner at Water Street Vintage."

Quinlan has contacted the ACLU of Wisconsin and plans to contest the bogus disorderly conduct citation.

In a Facebook post this week, Quinlan recounts the experience, reproduced below.
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POLICE ABUSE AND PERSONAL HATE-FILLED HARASSMENT I EXPERIENCED MONDAY, (MARCH 19, 2018), IN AN ANTIQUE STORE IN SMALL-TOWN WISCONSIN.

Yesterday, while visiting an antique store in downtown New London (one of my hometowns), the store clerk, a rabidly righteous self-identified "pro-lifer" started ranting and raving about Trump (he was her hero because he didn't take crap), Walker (a traitor because he didn't do enough to punish Planned Parenthood) and her rigidly dogmatic faith ("I can tell you're a hell-bound heathen, I can see it in your eyes," she shouted getting right up in my face). I managed to escape, but after a few minutes on the street I doubled back to inform the owner, with whom I'd had a decidedly friendlier interaction, that this was not a way to win over customers.

The ranting woman retaliated by calling the New London Police on me, and they detained me, frisked me and interrogated me in a cold and windy riverside parking lot for over an hour. I'd done nothing to provoke her, but they believed her and not me (probably because I was living now in Madison) and issued a citation for disorderly conduct, with a fine of $250, telling me I should be happy it was not more. No due process, abject humiliation, and blatant disrespect, all delivered with sarcasm and a smile. Spent this morning at the ACLU seeking recourse, and plans are coming into place. They're not getting away with this, and I'm not about to let this happen to anyone else. I have deeper roots in New London than anyone working in that store and in comparison with all 3 of the police involved, and there are countless people there who remember me and respect me, and loved my parents.

This was outrageous, and I'm still shaking and my back is spasming as this toxic moment replays itself in my thoughts and feelings again and again. The obnoxious "Christian" smarmily righteous ignorant paranoid demon-spawn woman (who's not even from New London herself) thinks she's clever and she's won; nothing could be further from the truth. I don't know how Kelly, the store's owner, let this happen. Too bad, because it's really a wonderful store, in my experience, one of the best of its kind in Wisconsin.

New London and its wonderful people are better than this, and the behavior displayed by this woman and the police as their police chief belligerently looked on, and in the end, justice shall prevail. They have no idea who they're dealing with, and the story is just beginning.

By the way, this woman brags that, working with bands of other "pro-life" extremists, she forcibly prevents women seeking health care from entering Planned Parenthood clinics, and that its doctors (and the police who protect them) deserve to die and face eternal damnation. But the police fell for her theatrics without thinking twice about her history or motivations. She was a whining conspiracy-minded hypocrite who claimed the world was out to get her, and who despised all authority. How's that for irony?

Many of my best friends are police officers, including a close friend who recently retired from the New London police force. Following their chief's shortsighted lead, these officers deeply dishonored their profession yesterday, staining the integrity and reputation of a beautiful town I'd been proud to call home. I'm not the only one there who feels this way, and with any luck, cooler heads will win the day. New London deserves better. We all deserve better.
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