Wisconsin Wants Innocent to Remain in Prison — Misconduct Looms

The work of wrongful conviction attorney,
Kathleen Zellner will likely lead to the exoneration
of two innocent men. A second-order consequence
of Zellner's work is the exposure of the most
spectacular law enforcement scandal in
Wisconsin history that could ultimately lead
to the downfall of Wisconsin Attorney
General Joshua Kaul (D).

Updated - Madison, Wisconsin — Like a cop's knee crushing life out of a man, the state of Wisconsin is determined to keep an innocent man in prison, continuing a perverse crusade.

The Wisconsin Dept of Justice filed a new brief this week in the post-conviction litigation of Steven Avery, featured in the Emmy-winning Making a Murderer documentary (Newsweek).

The State brief demonstrates Wisconsin 'law enforcement' will do anything to prevent a new trial, or even an evidentiary hearing, that shines public light on the police and prosecutorial misconduct that remains key to keeping Mr. Avery behind bars — and by extension, another wrongfully convicted man, Brendan Dassey.

Avery and Mr. Dassey were convicted for the same 2005 homicide of Teresa Halbach in separate 2007 trials that featured two mutually exclusive versions of the killing presented to juries by a prosecutor with no credibility, a disgraced sex offender — Calumet County District Attorney Ken Kratz, (1992-2010).

No hearing on the evidence, no new trial, nothing to see here, is the position of the State taken in the brief.

Kratz claimed misconduct that forced him to resign from office in 2010 was committed because of uncontrollable impulses he suffered relating to medical conditions that include narcissistic personality disorder, multiple addictions and his assessment that he is a "dick." [This is not hyperbole.] Kratz resigned his suspended law license after a complaint by the editor of this website, Mal Contends, that accused him of fraud, (State Bar of Wisconsin).

Kratz has not publicly commented on when his medical condition began, and whether he was suffering from his mental illnesses during the Avery and Dassey prosecutions.

The State stands by Ken Kratz' prosecutions.

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

Avery's deadline for a reply is June 11.

After the much criticized investigations of Avery and Dassey, the fraud perpetrated upon two small-town juries, the post-conviction misconduct of the State and an obstinate county court abusing its discretion stand out as well (see Work with KZ).

Avery's attorney, Kathleen Zellner, commented on the development of the State brief to Kelly Wynne in Newsweek:

'Mr. Avery is not concerned about the State's brief. It demonstrates a poor grasp of the facts, uses boilerplate language and tries to erect every procedural hurdle to obscure the real issue that Mr. Avery suffered numerous constitutional violations that should result in an evidentiary hearing and/or a new trial,' Zellner explained via email.

The State will not address its own misconduct in post-conviction litigation and virtually ignores the many claims of law enforcement misconduct that the state has demonstrably committed.

State’s brief in Avery largely deflects from merits of claims by instead arguing procedural obstacles. Brief mentions “procedurally barred” 24 times, “insufficiently pled” 24 times & “forfeited” 12 times, elevating form over substance.#MakingAMurderer

— Jerome Buting (@JButing) May 29, 2020

In a March 2019 legal filing, the DoJ argues procedural objections, as well, including Avery's charges of bad-faith evidence destruction, deceit, concealment and deception, all of which present Due Process questions, (Steven Avery legal filings; #Work with KZ, WBAY, WLUK).

This May 2020 brief continues the State strategy of avoiding mention of charged state lawlessness in appellate court, eschewing 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:

'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’s refers to the DoJ litigation team and Thomas Fallon, who helped oversee the decision to return the alleged human bones to the Halbach family, a scheme in direct contravention of Wisconsin statute.

So, in sum Wisconsin law enforcement has engaged in frame-up schemes, lies, misconduct and a stubborn determination to avoid even discussion of these matters in open court, as two innocent men suffer behind bars.

Impact Tremors Hint at Coming Earthquake to Shake Wisconsin Law Enforcement and Legal System

I live on Avery Road, do you? Supporters of Steven Avery
and Brendan Dassey are legion in the UK.

Madison, Wisconsin — Would you help imprison a man whom you know to be innocent?

It's a question implicit in the Steven Avery and Brendan Dassey affair in Wisconsin, featured in Making a Murderer.

The answer is slowly corroding the pillars of Wisconsin law enforcement, because the law and many people across the world demand that no innocent be convicted and imprisoned.

The latest developments saw the Wisconsin Dept of Justice, led by Attorney General Josh Kaul, urge Avery to drop post-conviction litigation after hiding and then lying to the defendant and presiding state appellate Court about exculpatory evidence. Kaul has conducted post-conviction litigation deceitfully and writing legal filing that are in a word, snotty.

The Court was not amused and ordered Avery's case sent back to circuit court on Feb. 25, 2019 where effectively Wisconsin law enforcement will be on trial.

The political culture as a whole cannot perceive it yet, but the the foundations of the Wisconsin legal system are shaking.

SA’s DREAM OF FREEDOM is a NEW REALITY as COA lets us reveal all the State’s BAD FAITH, DESTRUCTION & SUPPRESSION of evidence-misdeeds cannot be undone. State’s old way of doing business is OVER. #WreckingCrew #WorkWithKZ #TruthWins #Losers=Guilters #KratzRatzShipSinks

— Kathleen Zellner (@ZellnerLaw) February 26, 2019

Steven Avery's Win Gets Critical Court Hearing; But State Law Enforcement Conduct May End Up on Trial

Wisc Court of Appeals ruling takes under-stated jab at DoJ

Update: Anticipated County Circuit hearing was never ordered.

Update: See John Ferak's latest for updates on legal developments calling into question broad swaths of Wisconsin law enforcement.

Updated - Madison, Wisconsin — Kathleen Zellner represents the wrongfully convicted Steven Avery featured in the Making a Murderer docuseries.

Zellner filed an explosive motion Jan 24, 2019 seeking a hearing in circuit court because the Calumet County Sheriff's Office secretly transferred evidence, purported to be 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, subject to criminal investigations.

Yesterday, Zellner won her hearing.

The evidence Zellner and advocates have complied implicates multiple levels of Wisconsin law enforcement, widely regarded as guilty of an ad-hoc scheme to frame Steven Avery in 2005.

Wisconsin law enforcement has a partner — the Wisconsin Dept of Justice working to cover up crimes of law enforcement, and avoid the hearing ordered yesterday.

The DoJ has not performed ethically in post-conviction litigation. In fact, DoJ has been demonstrated as unethically scheming to mislead in litigation.

There is a significant point made in the Feb 25 Court of Appeals ruling that speaks to the DoJ's conduct.

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 postconviction 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 appellate court took Zellner's point.

Writes Zellner in part:

The State's response 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)

So, the Court of Appeals agreed with Zellner.

Now, in layman’s terms the state has "to explain why they gave to Halbach family quarry bones that KK [ex-Distict Attorney Ken Kratz] claimed at trial were non-human. KZ [Kathleen Zellner] wants to prove with new DNA technique they were TH [Teresa Halbach], as further proof she wasn’t burned at SA’s [Steven Avery's] property," (Twitter, Atty Jerome Buting, former trial counsel to Steven Avery, uninvolved in post-conviction litigation).
--
The Wisconsin Department of Justice does not want to appear in Sheboygan County Court, the jurisdiction to which the case has been sent back, to explain in a public hearing why the state violated state law in giving likely exculpatory evidence to the family of a murder victim.

But the DoJ has other trouble.

On Feb. 13, 2019, Mark Williams and Thomas J. Fallon, attorneys with the Wisconsin Dept of Justice, were caught red-handed continuing their pattern of lying and obstruction.

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, and left a 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.

Listen to the voicemail because it appears more deceitful and conniving than the transcription.

The voicemail is transcribed below:

Hi, Tom. This is Mark Williams. Um, I'll send you an email later today, but I don't think we should do anything or respond to her [Zellner] at all until tomorrow, uh, when we look into the bag and-and see exactly the pelvic bones are in there or not. Um, so I-I would not respond, uh, until we look into the bag, uh, tomorrow morning and then we can talk about it, uh, before we send a response. Thanks a lot. Bye.

The state has assured atty Zellner and the Court since 2016, that the state has possession of the pelvic bone, and now atty Williams is caught saying, he doesn't know.

There has been no explanation made public by the DoJ why they were telling the Court and Zellner one thing, and secretly telling each other the opposite.

Zellner did not hide her contempt for the DoJ's conduct in her filing of Feb. 13.

As the record of misconduct of police and prosecutors mounts, advocates are optimistic and Kathleen Zellner keeps pleading her case in legal filings.

SA’s DREAM OF FREEDOM is a NEW REALITY as COA lets us reveal all the State’s BAD FAITH, DESTRUCTION & SUPPRESSION of evidence-misdeeds cannot be undone. State’s old way of doing business is OVER. #WreckingCrew #WorkWithKZ #TruthWins #Losers=Guilters #KratzRatzShipSinks

— Kathleen Zellner (@ZellnerLaw) February 26, 2019

Concludes attorney Jerome Buting, commenting on the appellate court's ruling:

It’s smack-down of State’s snotty, disingenuous suggestion that KZ could just dismiss this appeal. “Avery understandably disagrees, aware that dismissal of this appeal will preclude review of the underlying orders entered to date.” This protects existing appeal.#MakingaMurderer https://t.co/IPpTk1WXDA

— Jerome Buting (@JButing) February 26, 2019

Making a Murderer Defendant Gets Legal Win — Panel Sends Avery Case to Circuit Court to Hear Due Process and Evidence-Destruction Claims

Kathleen Zellner, depicted above in image, has shown
beyond serious dispute Wisconsin has framed, destroyed
exculpatory evidence, and secretly broken state laws, all
to convict and protect the convictions of two innocent
men. Zellner won a significant legal victory in
Wisconsin appellate court. Image from
innocence supporter, JamesBond 007, UK.

Updated Madison, Wisconsin — In a major victory for wrongfully convicted Steven Avery, the Wisconsin Court of Appeals, (District Two), has sent his case back to circuit court to pursue post conviction litigation pleading violations of due process and the state law mandating preservation of evidence in criminal cases.

The order means Avery can now appear through his attorney in a public forum to argue proven and willful violations of state law and the Due Process Clause by Wisconsin law enforcement should result in the vacating of his conviction or the reversal of his conviction.

We are going to have an extraordinary number of constitutional violations when we are done. The COA is letting us create an avalanche of evidence in this record. Higher courts rule. #TruthWins @michellemalkin @EFMoriarty #MakingaMurderer #WorkWithKZ

— Kathleen Zellner (@ZellnerLaw) February 25, 2019

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

Avery will plead his case in a hearing, but the state of Wiscosnin, law enforcement and especially the Dept of Justice will be on trial.

SA’s DREAM OF FREEDOM is a NEW REALITY as COA lets us reveal all the State’s BAD FAITH, DESTRUCTION & SUPPRESSION of evidence-misdeeds cannot be undone. State’s old way of doing business is OVER. #WreckingCrew #WorkWithKZ #TruthWins #Losers=Guilters #KratzRatzShipSinks

— Kathleen Zellner (@ZellnerLaw) February 26, 2019

Avery through his attorney, Kathleen Zellner, has 40 days to present to the Circuit Court grounds for relief in an opening brief.

This development of remanding or sending back the case to Circuit Court has been opposed by the Wisconsin Dept of Justice which declined to argue Due Process violation and the destruction of the murder victim's bones by Wisconsin, but used procedural delaying tactics.

With this ruling, the State is forced into open court.

Reports Kelly Wynne in Newsweek: Zellner told Newsweek it's a big win for Avery. "The appellate court granted our motion to supplement the record with the evidence the bones were destroyed," she explained. "The case is being remanded back to the circuit court to conduct proceedings, which can include a hearing. The circuit court can grant a new trial, or if not, back to appellate court who can reverse the conviction and/or grant a new trial. Either way, the State opposed this motion and lost. This evidence has the potential to undo the whole case, so it is a big win."

Advocates and legal counsel cheered the development late Monday afternoon:

Avery Update: We Won!!!!!! Back to the circuit court. #TruthWins @llifeafterten @ZellnerLaw @TManitowoc @michellemalkin #MakingaMurderer

— Kathleen Zellner (@ZellnerLaw) February 25, 2019

In late January, attorney Jerome Buting, Avery's 2005 co-counsel uninvolved in the post-conviction litigation, noted:

In layman’s terms: State wants to avoid a hearing on this where they have to explain why they gave to Halbach family quarry bones that KK claimed at trial were non-human. KZ wants to prove with new DNA technique they were TH, as further proof she wasn’t burned at SA’s property. https://t.co/kXzjULsgFm

— Jerome Buting (@JButing) January 31, 2019

Avery along with Brendan Dassey are widely acknowledged to be innocent of the murder of Teresa Halback in 2005.

Yet, both men face a hostile Wisconsin Dept of Justice working to cover up crimes of Wisconsin law enforcement.

A Feb. admission by the state that it destroyed evidence by giving bones to the family of the murder victim is significant because, as Zellner told Newsweek, "This admission proves these bone fragments were returned to the family and it is undisputed there was no notice given to Steven Avery or his attorneys and that violates Wisconsin law, ... When any of these bones were returned to the Halbach’s Wisconsin State law and due process were violated. The State has confirmed returning many of the bones to the Halbach’s so the court should grant our motion to stay and remand."

Lawyers at the Wisconsin Department of Justice do not want to appear in open Sheboygan County Court, the jurisdiction to which the case is remanded or sent back, and explain why the state violated state law in giving likely exculpatory evidence to the family of a murder victim.

Updates coming as breaking story develops.