Motion to Stay Appeal and Remand Jan 24/19

[missy1974]

Welcome back everyone!

Zellner was due to file the appeal on Feb 1st I believe. Instead on January 24th she filed another motion to stay and remand on a new issue.

https://www.workwithkz.com/media/filings/14/motion-of-stay-of-appeal--filing-2019-01-24_tdbVX2e.pdf

Undersigned counsel has uncovered the State's violation of Wis. Stat. § 968.2.05 where it failed to (1) preserve certain suspected human bone evidence and (2) notify Mr. Avery and his attorneys of recol·d of its intent to destroy such evidence. Mr. Avery hereby moves for a :remand to the circuit court to conduct proceedings consistent with the claim alleged herein.

The State responded January 29/19:

https://www.workwithkz.com/media/filings/14/additional/state-response-2019-01-29.pdf


Defense replied Feb 1/19 :

https://www.workwithkz.com/media/filings/14/additional/defendant-reply-2019-02-01.pdf

Defense Supplemented the motion on Feb 11/19:
https://www.workwithkz.com/media/fi...endant-supplemental-re-2019-02-11_WJWYWjU.pdf


Defense again Supplemented the motion on Feb 13/19... this one is good LOL :

https://www.workwithkz.com/media/fi...endant-supplemental-re-2019-02-13_S5ubT7C.pdf

One state attorney(Williams) called another state attorney (Fallon)... only problem, he dialed KZ's cell number and left a message intended for Fallon.

Decision from the CoA's on Feb 25/19:

https://www.workwithkz.com/media/Feb25_Decision.pdf

The State has filed an objection to Avery’s remand motion on the ground that it constitutes “a new and separate action” which is unrelated to the orders Avery presently appeals, is unnecessary to the resolution of his pending appeal, and “would result in unnecessary delay and litigation.” The State’s objection points out that this is, in effect, Avery’s third remand request. 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.

Zellner must file 14 days from the date on the order, March 11th I believe.

 

[missy1974]

Filed today:

Supplemental motion to Post Conviction motion
https://static1.squarespace.com/static/55203379e4b08b1328203a7d/t/5c87c4778165f5f51a473885/1552401531135/Dkt.+1000+-+Supp+§+974.06+motion.pdf

Exhibits:
Dropbox - Avery_Exhibits to 3.11.19 Supp § 974.06 motion - Simplify your life

 

[missy1974]

Dropbox - Dkt. 1024 - Gr. Ex. 22 files - Simplify your life

VM's left on KZ's phone

 

[missy1974]

State's response:
https://www.workwithkz.com/media/filings/27/additional/2019-03-29_state-response.pdf

KZ has until April 15th I believe to respond, according this this tweet:

Kathleen Zellner‏ @ZellnerLaw
Avery perspective: Just remember the State filed their Response on April Fools Day. Our Reply is due on 4/15 the ultimate accounting day. @RollingStone @Newsweek @michellemalkin @lifeafterten #MakingAMurderer #Accountability

 

[Jaiddie]

State's response:
https://www.workwithkz.com/media/filings/27/additional/2019-03-29_state-response.pdf

KZ has until April 15th I believe to respond, according this this tweet:

Kathleen Zellner‏ @ZellnerLaw
Avery perspective: Just remember the State filed their Response on April Fools Day. Our Reply is due on 4/15 the ultimate accounting day. @RollingStone @Newsweek @michellemalkin @lifeafterten #MakingAMurderer #Accountability

When speaking about the bones turned over to the family, the state's response says,...

"When these items were inexplicably released to the family their origin remained scientifically undetermined. Under these circumstance there is no bad faith."

My question is how can they get away with saying the bones were "inexplicably released to the family"since Fallon, himself, was present when the decisions as to what was given to the Halbach's was made back in 2011? Is he saying he can't even explain himself why the bones were given away? And if so how in the world does that help the state? LOL

 

[RANCH]

When speaking about the bones turned over to the family, the state's response says,...

"When these items were inexplicably released to the family their origin remained scientifically undetermined. Under these circumstance there is no bad faith."

My question is how can they get away with saying the bones were "inexplicably released to the family"since Fallon, himself, was present when the decisions as to what was given to the Halbach's was made back in 2011? Is he saying he can't even explain himself why the bones were given away? And if so how in the world does that help the state? LOL

What I get from the State using the word "inexplicably" is they are admitting that there is no legitimate reason for giving the bones to the Halbach's but the State wasn't trying to tamper evidence. JMO

 

[missy1974]

When speaking about the bones turned over to the family, the state's response says,...

"When these items were inexplicably released to the family their origin remained scientifically undetermined. Under these circumstance there is no bad faith."

My question is how can they get away with saying the bones were "inexplicably released to the family"since Fallon, himself, was present when the decisions as to what was given to the Halbach's was made back in 2011? Is he saying he can't even explain himself why the bones were given away? And if so how in the world does that help the state? LOL

Interesting! I read the motion quickly last week when it came out but have been busy. I just don't know how they justify giving the Halbach family remains that they argued were not even human. IMO it's disrespectful and if it was my family member, I would be extremely upset to find this out.

 

[Jaiddie]

https://static1.squarespace.com/sta...-+Mtn+&+Reply+4.11.1908823620190412110836.pdf

Zellner's response to the State's "unsolicited" (using KZ terminology there, lol) response. My favorite part:

"It bears noting that AAG Fallon & SP Gahn, both of whom represent the State in this proceeding, were the State Attorneys who participated in the return of human bones from the Gravel Pit to the Halbach family. They are interested parties & their bad faith is directly at issue in this case. Their protestations and denials are therefore suspect; this Court must discern whether their arguments themselves are made in good faith or in the simple interest of self-preservation."

Absolutely smacks them both quite good here! LOL

 

[missy1974]

https://static1.squarespace.com/static/55203379e4b08b1328203a7d/t/5cb0b5f59b747a0ad55c0e08/1555084797181/AVERY+-+Mtn+&+Reply+4.11.1908823620190412110836.pdf

Zellner's response to the State's "unsolicited" (using KZ terminology there, lol) response. My favorite part:

"It bears noting that AAG Fallon & SP Gahn, both of whom represent the State in this proceeding, were the State Attorneys who participated in the return of human bones from the Gravel Pit to the Halbach family. They are interested parties & their bad faith is directly at issue in this case. Their protestations and denials are therefore suspect; this Court must discern whether their arguments themselves are made in good faith or in the simple interest of self-preservation."

Absolutely smacks them both quite good here! LOL

I did read something in the State response that made me think, 'wait, wasn't Fallon there?' LOL

ohhhh.....

"The upshot of Mr Fallon and Mr. Gahn's arguments it that they reawakened the Halbach family's grief in 2011 to give them animal bones."

 

[Jaiddie]

I did read something in the State response that made me think, 'wait, wasn't Fallon there?' LOL

ohhhh.....

"The upshot of Mr Fallon and Mr. Gahn's arguments it that they reawakened the Halbach family's grief in 2011 to give them animal bones."

Yes, another good point, since the State is FOREVER using the "sympathy for the Halbach's" spin in their attempts to deflect people, but giving the family what thw State wants everyone to believe is just "animal bones" to bury, seriously contradicts all the poignant concern they shower on the victim's family. But, I guess, the sympathy and concern is only when it suits them it would seem.