Showing posts with label post conviction litigation. Show all posts
Showing posts with label post conviction litigation. Show all posts

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.






|




Posted by at No comments:
Labels: , , , , , , , ,

Apr 18, 2019

Making a Murderer Attorney Has Website Explaining Legal Filings — #WorkWithKZ

Wisconsin law enforcement and a functioning democracy
in which the rule of law is foundational will take a long time
to rebuild in the wake of Wisconsin v. Avery post-conviction
litigation. Image from JamesB007D, United Kingdom.
Madison, Wisconsin — The litigation that looks likely to exonerate two innocent men, possibly end the political career of the new attorney general and thrust a sizable chunk of Wisconsin law enforcement into disrepute and a criminal probe has not garnered the media coverage merited by the gravity of the topics.

Fortunately for Wisconsin, the University, churches, human rights groups, and the media, Kathleen Zellner has a webpage, #WorkWithKZ, dedicated to explaining legal filings and developments to a lay audience.

The Appleton Post-Crescent (Alison Dirr), WBAY, WLUK, Wisconsin Public Radio and KFIZ have ably reported on developments in State of Wisconsin v. Steven A. Avery #122987.

Yet, other prominent Wisconsin legal writers — Ed Treleven and Patrick Marley — have blacked-out the story despite its status as potentially Wisconsin's biggest scandal in history, (Newsweek, Rolling Stone).

Lives will be ruined, careers destroyed, and dreams shattered as the corruption of east-central Wisconsin and the DoJ becomes as incontrovertible as the beauty of Chequamegon-Nicolet National Forest.

Marian University in Fond du Lac features a real-time course discussing the proposition that Steven Avery murdered Teresa Halbach, and the consequences to our state should a new trial be ordered, (Fond du Lac Reporter).

Post-conviction litigation documents in legal briefs, motions and rulings can prove to be challenging reading of complex, subtle and vast amounts of specialized material in unnecessarily abstruse lexicon.

#WorkWithKZ is resource that helps explain the work of Zellner's impressive array of scientists, experts and analytical resources on her legal team.

#WorkWithKZ takes a voluminous amount of legal material and presents the issues for a general readership.

Think you need summaries for the Mueller Report? You do.

Because the Wisconsin Department of Justice, the Manitowoc County Sheriff's Office, Calumet County Sheriff's Office and respective county district attorneys' offices including ex-special prosecutor Ken Kratz have committed an incredible, almost indescribable amount of deceit and bad faith, #WorkWithKZ and social media affinity groups are imperative as a corrective in the public sphere.

This quest is a paper chase, it's engaging and in the end, I predict, the good guys are finally going to win.

In the post-conviction state appellate litigation, the State ignores the appellate court's controlling Feb 25 order and opinion seeking arguments on the merits of Zellner's position that the State secretly destroyed evidence that the state previously agreed to preserve.

In Zellner's April 11 legal filing, Zellner also points out that the State in making its convoluted procedural arguments is taking conflicting positions, (pp 2,3).

To keep abreast of updates, see #WorkWithKZ.
Posted by at No comments:
Labels: , , , , , , , , ,
Subscribe to: Posts (Atom)