Showing posts with label state appellate litigation. Show all posts
Showing posts with label state appellate litigation. Show all posts

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.

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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.