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."

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.#Onward #TruthWins

— Kathleln Zellner (@ZellnerLaw) July 28, 2021

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.

A glaring error of fact found in the #MakingaMurderer denial - the CoA inexplicably claimed bone fragments were found in Steven's burn barrel, when in reality fragments were found in the Dassey burn barrel. This court isn't even appropriately familiar with the facts of the case. pic.twitter.com/D7bTUgwHZJ

— Making A Murderer - Need Less Things (@Presumed_Guilty) July 28, 2021

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.

In a very lengthy opinion, Steven Avery lost in the court of appeals today. But court said he can pursue new claims in a new motion if he meets legal standards. The fight for truth will go on.@ZellnerLaw #MakingAMurderer #FreeStevenAvery
Opinion link👇🏻https://t.co/Gwaq7usoEP

— Jerome Buting (@JButing) July 28, 2021

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.

#MakingAMurderer

Right, this is important.

If Steven can keep going then we have no excuse to wallow in defeat, we pick ourselves up, dust ourselves off and we go again, we continue to raise noise, we continue to research, we continue to put pressure on people.

— Eric Is Bananaman™ (@EricEatsBananas) July 28, 2021

Wisconsin Attorney General Joshua Kaul: For Cops, by Cops

Kenosha cops beat on the people in 2020

Madison, Wisconsin —  Attorney General Joshua Kaul (D) loves cops so much and he is so tough, he works to keep innocents in prison.

At a time when our country is questioning law enforcement, Wisconsin's Democratic leadership is working against the people, for the police, no questions asked.

Kaul brandished his experience as a prosecutor and delivered his message on the Up Front Sunday political show.

It's the same political playbook used by Kaul's mother, former Wisconsin Attorney General Peg Lautenschlager (2003-2007): Take the power of the state against the people, squash them, and take what you can as a politician.

As for the people who get squashed by the police from Milwaukee to Wauwatosa to Appleton to Manitowoc to Kenosha — they're shit out of luck.

It's like this in Wisconsin: As families work to keep their dreams alive, Kaul is working for the cops to destroy lives.

Politically what happens next to Democratic prosecutors looking to cash in by running tough on people campaigns is unknown.

Working against the people didn't work for Kamala Harris' presidential bid: "Most troubling, Ms. Harris fought tooth and nail to uphold wrongful convictions that had been secured through official misconduct that included evidence tampering, false testimony and the suppression of crucial information by prosecutors," notes Lara Bazelon.

But Kaul is worse than Harris ever was in defending wrongful convictions.

My prediction is the little shit is going to get squashed in 2022.

Dolores Avery — Dead from a Broken Heart

Madison, Wisconsin — Dolores Avery, the mother of the once-exonerated Steven Avery, passed away this morning.

Mrs. Avery is featured in the Emmy-winning Making a Murderer docuseries, shown contending with the ordeal of her son in his battle with dubious law enforcement, as an apparent frame-up scheme by Wisconsin law enforcement devastates her family in 2005.

Steven was exonerated and released in 2003 after an earlier frame-up scheme in 1985 was exposed by the Innocence Project.

After Steven Avery filed a federal civil rights suit, law enforcement took unusual notice of Avery, singling him out as a perpetrator for the 2005 murder of a young photographer, Teresa Halbach.

The Making a Murderer docuseries offers a poignant look at Dolores Avery, distraught and helpless as law enforcement targets and convicts her son and grandson, Brendan Dassey.

Dolores was known locally as a kind-hearted and principled woman who died never understanding why law enforcement and now the Wisconsin Democratic Party leadership worked so hard to imprison a man whom they know to be innocent.

The world-wide community supporting Steven Avery and Brendan Dassey appears to be grieving today.

Avery is awaiting the decision in state appellate court on several pending motions.

Viewers of Making a Murderer were compelled to feel the pain and suffering of Mr. and Mrs. Avery.

Both come off as salt-of-the-earth and bewildered by the massive and onerous Wisconsin legal system that separated their family until Dolores Avery's death.

I don't think I've ever been more affected by the passing of a person I've never met. 😢 She dedicated years of her life trying to prove Steven's innocence. My condolences to the Avery family. 👼 RIP Dolores#MakingAMurderer#FreeStevenAvery

— Tammy Collins (@TammyCo78496172) July 8, 2021

A mother who fought so hard to see justice for her son Steven & her grandson Brendan. My condolences to the family & to Steven & Brendan who will grieve this immeasurable loss without the comfort of family & with the anger of their distance. RIP Mama Avery you stole our hearts. https://t.co/l7zrbYKEsD

— Tracy Keogh (@TracyKeogh2) July 8, 2021

Update: Fate dealt another cruel blow to Steven Avery today right before his birthday tomorrow; his mother Dolores Avery passed away at 6:50 am. He needs your support now more than ever. RIP Ma Avery ⁦@MakingAMurderer⁩ pic.twitter.com/FsmL8XTYxN

— Kathleen Zellner (@ZellnerLaw) July 8, 2021