It Looks Like Wisconsin Law Enforcement Framed Steven Avery

As an attorney, this documentary has fascinated me. Recent investigation by Wisconsin law enforcement has possibly turned up new evidence in the Steven Avery case. Despite this, Wisconsin is fighting Kathleen Zellner’s attempt to obtain the evidence. Wisconsin seems dedicated and committed to burying the truth. Before discussing new evidence let’s do a quick recap of the case.

Making a Murderer Season 1 Cast Doubt on the Convictions of Steven Avery and Brendan Dassey

Brendan Dassey is still incarcerated in 2018 and it is a travesty of justice. Anyone in the state of Wisconsin, or out of state should be outraged at what happened to Brendan Dassey. It seems clear that:

  • Brendan Dassey’s own attorney worked against him and not for him

  • Everything Brendan Dassey said during his “confession” came from the detectives
  • Nothing that Brendan Dassey “confessed” to actually happened the way he said it did, and he changed his story a number of times

Len Kachinsky is now being prosecuted in 2018 for charges that carry up to five years in jail. 

Steven Avery is a different story. He seemed to have very good lawyers. After watching season one, it was clear that:

  • if Steven Avery is guilty, it did not happen like the prosecution alleged
  • the key was definitely planted
  • Sheriff Colborn located Teresa Halbach’s RAV vehicle while it was missing, and then MOVED it to the Avery Property to frame Steven Avery
    • When Sheriff Colborn ran the license plate number for the RAV, he was looking right at the vehicle
  • Law enforcement tainted the investigation by planting key evidence, casting doubt on Steven Avery’s guilt

Making a Murderer Season 2 Picks up During the Appeal Process

Brendan Dassey gets RAILROADED on his appeal. To summarize, he:

  • lost his appeal through Wisconsin state appellate courts
  • won in Federal court by convincing a Federal magistrate judge to overturn the conviction based on the involuntary conviction
  • Wisconsin appeals and Brendan Dassey WINS again before a panel of judges from the 7th Cir. Court of Appeals
  • Wisconsin appeals and WINS before a full 7th Circuit Court of Appeals
  • Brendan Dassey appeals to the United States Supreme Court and the Supreme Court refuses to hear the case

More Evidence Proving Sheriff Colborn Planted the RAV on Avery’s Property

One of the most compelling parts of season one was listening to Sheriff Colborn run Teresa Halbach’s plates prior to her vehicle being “found.” In season 2 we get more context as to what actually happened. While the search for Teresa Halbach and her RAV were ongoing, a man named Kevin Rahmlow reported seeing the RAV to, guess who, none other than Sheriff Colborn.

Then Sheriff Colborn mysteriously runs the plates of the RAV, and the RAV is “found” a day later on the Avery Property. And that is one way Wisconsin framed Steven Avery.

What New Evidence is There? Is Wisconsin Hiding New Evidence that Would Help Free Steven Avery?

Making a Murderer 2 disclosed previously hidden evidence. Prosecutor Ken Kratz buried a CD containing exculpatory evidence that would implicate Bobby Dassey in the murder of Teresa Halbach. The CD contained incriminating searches from Bobby Dassey’s computer for terms like:

  • blood
  • body
  • bondage
  • stab
  • Rav
  • Cement
  • DNA
  • Fire
  • Gun

In addition, the timing of searches on Bobby’s computer contradicted Bobby’s sworn testimony. If you recall, Bobby Dassey was the state’s star witness. If Steven Avery’s trial attorneys had been able to cross examine Bobby Dassey on the violent and sexual images on Dassey’s computer, it would have been difficult to convict Steven Avery.

Withholding the CD Meant that Avery and Dassey’s Lawyers Could Not Cross Examine, or Impeach the State’s KEY WITNESS

What is so disturbing about the disclosure of key evidence in 2018 is that Wisconsin had actual knowledge that Bobby Dassey performed these searches. In addition, Steven Avery told police that Bobby Dassey left his trailer RIGHT AFTER Teresa Halbach. And they still went after Steven Avery.

Steven Avery’s lawyers were not able to use Bobby Dassey as a Denny suspect, in large part because they could not show MOTIVE. The information contained on Bobby Dassey’s computer, which Wisconsin KNEW about clearly showed motive. And they still waited until APRIL of 2018 to disclose this information.

Prosecutor Ken Kratz Never Disclosed This Evidence to Steven Avery’s Trial Lawyers

This was a key piece of evidence that Ken Kratz deliberately mislabeled. He repeatedly referred to the examination of Bobby’s computer as Brendan Dassey’s computer. He knew that the computer was located in Bobby Dassey’s room. Most of the searches were done at times that it HAD to be Bobby Dassey. In addition, the CD had images that shows Bobby Dassey is sick and twisted, and likely murdered (or was directly involved in the murder of) Teresa Halbach.

Wisconsin only provided this CD to Steven Avery in April 2018. Kathleen Zellner is still getting new evidence that has never been disclosed to the defense. This shows the lengths Wisconsin will go to, to keep Steven Avery behind bars.

Ken Kratz is no stranger to the ethics board. In 2009, while sitting as Chairman of the Wisconsin Crime Victims’ Rights Board he was accused of trying to coerce the victim into sexual acts in a case he was prosecuting. His law license was subsequently suspended for 4 months.

Is There Even More New Evidence? Update on Making a Murderer

If you look at recent court filings in the Steven Avery case, Kathleen Zellner has filed a MOTION TO COMPEL Wisconsin to disclose the results of a new forensic examination of Bobby Dassey’s computer. Wisconsin completed a NEW forensic examination of Bobby Dassey’s computer. The previous examination had shown there were MANY deleted files and information on KEY DATES.

Right around the time Teresa Halbach went missing, someone deleted a number of files from Bobby Dassey’s computer. The deleted dates correspond to the time before and after Halbach’s murder. It is highly likely this was incriminating information. After Kathleen Zellner got involved, Wisconsin began investigating the case again. They conducted new interviews and one of the things they did was they conducted a NEW forensic examination of Bobby Dassey’s computer.

If that search turned up nothing, then why would Wisconsin fight Kathleen Zellner? It appears as if Wisconsin is hiding new evidence. Otherwise, wouldn’t they simply disclose their findings? This is concerning for a multitude of reasons. Wisconsin should be seeking justice in this case, seeking the truth. This should not be about keeping someone in jail, and protecting dirty police officers who planted evidence. It should be about getting to the truth of the matter.

There is no good reason for Wisconsin to fight turning over the results of the forensic examination to Kathleen Zellner. If nothing of value was found, then turning over the results does nothing. If something of value was found, then it will only help the TRUTH to come out. If Steven Avery killed Teresa Halbach, then that truth will be revealed. But if Bobby Dassey, and/or Scott Tadych committed the crime then let the truth come out Wisconsin.

This blog post is entirely my own opinion.

UPDATE

Ms. Zellner got access to the computer at issue for forensic testing and withdrew her motion to compel. She has since put forth the following timeline of events:

https://www.wbay.com/content/news/Avery-attorney-teases-release-of-new-information-Thursday-500604962.html

 

 

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