Post Conviction Brief

[dexter75]

All of the above!!! Including Zellner being Queen Bee - love that!

Thank you😉

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[CoolJ]

and probably a reason why he wouldn't talk. JMO

I don't know. He likely didn't see those stills before he decided not to talk. He may want to talk now that he knows he is connected to what could be smoking gun evidence.

I think this whole brief was designed in a way to get these main players talking. If KZ knows what happened the main players know that and they know that the truth coming to light isn't far behind. So, they have a choice..... tell their side of the story or wait it out and hope things don't get uncovered which is risky because if things do get uncovered, everybody involved is going to look like they are a part of a conspiracy to frame SA. When in fact they may have been just trying to walk the line and help LE convict someone they thought was guilty at the time. So, for all of the states experts, SB, RH, MH, PoG and others, their best bet is to come clean now or risk being implicated in something far worse than what their intentions were.

Because these people will have to testify again under oathe. There is no way around that for them.

 

[missy1974]

POST CONVICTION BRIEF EXHIBITS:

http://www.stevenaverycase.org/appealsdocuments/

Most have been uploaded now. I think some that are missing might already be available from the trial.

 

[missy1974]

The mystery of 3302 Zander Rd.

This is SA's computer forensic report:

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Avery-Computer-Forensics-Report.pdf

I'm not sure what is what in this report, but the address comes up in it and it's associated with an old website. The website is a guys name, and if you google it, he is a real estate agent.

 

[Joe Friday]

The mystery of 3302 Zander Rd.

This is SA's computer forensic report:

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Avery-Computer-Forensics-Report.pdf

I'm not sure what is what in this report, but the address comes up in it and it's associated with an old website. The website is a guys name, and if you google it, he is a real estate agent.

The searches that day start out with a Yahoo search for www.Wademicoley.com. That site is no longer up. I searched for Wade Micoley and found a site called Realty Hive located at www.micoley.com

3302 Zander Rd is likely just a property for that was for sale at the time that SA was on www.Wademicoley.com.

Didn't SA say he wanted to buy a place for him and Jodi, knowing he was getting a settlement?

 

[missy1974]

SOOOOO much information in all of these exhibits, it's hard to know where to start LOL

Exhibit 74 - AutoTrader toll free records from the 31st. Confirms that SA DID call AT back at 11:04 from his house phone. SA said this in one of his early November interviews, and it was confirmed that TH would be coming that day.

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-74-Toll-Free-Records.pdf

The only verification that we have that the 2:27 call was from AutoTrader is this:


Taken from AS's interview with Fassbender http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-75-DCI-Schuster-Interview.pdf

Oh, okay, because Mark Wiegert said so???? wth lol This report also shows that B. Janda's address was the same as Tom Janda's (a previous customer), and the number that was associated with Tom Janda was also on Steve Avery's account as well. As of Oct 31st though, TJ was no longer living there.

ohhh and Dawn's interviews...
http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-102-Interviews-of-Dawn-Pliszka.pdf

The above link also includes an interview with a RH, who works for AT as well. We saw an interview in CASO too, can be found here: http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=38

RH's story changes from November 4th to December 1st. She goes from overhearing a conversation, to actually having the conversation. She states that Steven Avery called on the 3rd about TH missing an appointment to take photo's of 2 vehicles, and getting a call from TH's roommate and doesn't appreciate being accused. But it gets more interesting. Do you all recall in CASO, they were asking GZipperer if he called AutoTrader saying he was Steven Avery??? Well here it is...

http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=352

GEORGE once again denied making any sort of phone calls to AUTO TRADER purporting
himself to be STEVEN AVERY.
I asked GEORGE if it was possible that JASON had contacted AUTO TRADER and he stated he
was unsure about this.​

Also, we have TH's day planner for that week. http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-45-Halbach-day-planner.pdf

Look at the bottom of the Monday. There is a note, for a Steve, 2 vehicles, who is NOT Steven Avery. Oh and.... that phone number called TH on the 31st at 12:44 according to Dedering http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=7

The fifth last phone call at 12:44 p.m. would be an incoming from the phone
number 920-254-6635, unknown at that time whose phone number that would have been
​

The above "story" just shows how the story got bigger and I see why RH from AutoTrader was never called as a witness.

 

[missy1974]

The searches that day start out with a Yahoo search for www.Wademicoley.com. That site is no longer up. I searched for Wade Micoley and found a site called Realty Hive located at www.micoley.com

3302 Zander Rd is likely just a property for that was for sale at the time that SA was on www.Wademicoley.com.

Didn't SA say he wanted to buy a place for him and Jodi, knowing he was getting a settlement?

I do think he was looking for somewhere to live or buy. I think there was also a story from PB (victim in 85), that SA asked her or made a comment to her that he needed a place to live and she should buy him a house, but I can't remember when that was exactly.

Also... his computer forensics are boring boring boring lol There is nothing really interesting in there at all, no searching for *advertiser censored*, no searching how to burn a body, no searching for Teresa or even AutoTrader, nothing really interesting. The most interesting thing was yahoo personals in Sept IIRC, which would have been after JS was put in jail for drinking and driving.

 

[Tippy Lynn]

SOOOOO much information in all of these exhibits, it's hard to know where to start LOL

Exhibit 74 - AutoTrader toll free records from the 31st. Confirms that SA DID call AT back at 11:04 from his house phone. SA said this in one of his early November interviews, and it was confirmed that TH would be coming that day.

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-74-Toll-Free-Records.pdf

The only verification that we have that the 2:27 call was from AutoTrader is this:
View attachment 118468

Taken from AS's interview with Fassbender http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-75-DCI-Schuster-Interview.pdf

Oh, okay, because Mark Wiegert said so???? wth lol This report also shows that B. Janda's address was the same as Tom Janda's (a previous customer), and the number that was associated with Tom Janda was also on Steve Avery's account as well. As of Oct 31st though, TJ was no longer living there.

ohhh and Dawn's interviews...
http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-102-Interviews-of-Dawn-Pliszka.pdf

The above link also includes an interview with a RH, who works for AT as well. We saw an interview in CASO too, can be found here: http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=38

RH's story changes from November 4th to December 1st. She goes from overhearing a conversation, to actually having the conversation. She states that Steven Avery called on the 3rd about TH missing an appointment to take photo's of 2 vehicles, and getting a call from TH's roommate and doesn't appreciate being accused. But it gets more interesting. Do you all recall in CASO, they were asking GZipperer if he called AutoTrader saying he was Steven Avery??? Well here it is...

http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=352

GEORGE once again denied making any sort of phone calls to AUTO TRADER purporting
himself to be STEVEN AVERY.
I asked GEORGE if it was possible that JASON had contacted AUTO TRADER and he stated he
was unsure about this.​

Also, we have TH's day planner for that week. http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-45-Halbach-day-planner.pdf

Look at the bottom of the Monday. There is a note, for a Steve, 2 vehicles, who is NOT Steven Avery. Oh and.... that phone number called TH on the 31st at 12:44 according to Dedering http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=7

The fifth last phone call at 12:44 p.m. would be an incoming from the phone
number 920-254-6635, unknown at that time whose phone number that would have been
​

The above "story" just shows how the story got bigger and I see why RH from AutoTrader was never called as a witness.

Thanks Missy1974! You made some great points. I haven't had much time to get through all the exhibits, but I'm working on it. I'm not very far into the exhibits. From what little I've looked at so far a couple things stand out. The call RH talks about regarding Scott and SA, etc., and the fax TH sent to Auto Trader at 12:30am on 10/31. Actually there's a lot that stands out, but at the moment those two are at the top of my list to dig into.

 

[missy1974]

Thanks Missy1974! You made some great points. I haven't had much time to get through all the exhibits, but I'm working on it. I'm not very far into the exhibits. From what little I've looked at so far a couple things stand out. The call RH talks about regarding Scott and SA, etc., and the fax TH sent to Auto Trader at 12:30am on 10/31. Actually there's a lot that stands out, but at the moment those two are at the top of my list to dig into.

Ok.. I will save you a bit of time and energy... the 12:30 fax on 10/31 turned out to be Teresa's fax machine being messed up. The number that showed up on her fax machine was not her phone number at all, it was probably programmed into the fax machine when she got it from AutoTrader and the time stamp on it was not set properly either. After days of Dedering (with Calumet county) trying to track down the number, they finally went to Teresa's and used the fax (was the reason why Wiegert and Pagel went to Teresa's on Saturday the 5th in the morning, when they insist they didn't see or talk to Pam of God lol). When they used her fax to fax the Sheriff's Dept, they found that the phone number and time was not right/hers.

There is so much information, it's hard to know where to start LOL I have found myself jumping around the documents lots, but hoping to find some time to read through the affidavits from the experts. I have skimmed some, but want to actually read them lol I'm most interested in the bones/fire/blood splatter.

Make sure to post anything interesting you find!!!! There is so much, it's easy to miss things

 

[Tippy Lynn]

Ok.. I will save you a bit of time and energy... the 12:30 fax on 10/31 turned out to be Teresa's fax machine being messed up. The number that showed up on her fax machine was not her phone number at all, it was probably programmed into the fax machine when she got it from AutoTrader and the time stamp on it was not set properly either. After days of Dedering (with Calumet county) trying to track down the number, they finally went to Teresa's and used the fax (was the reason why Wiegert and Pagel went to Teresa's on Saturday the 5th in the morning, when they insist they didn't see or talk to Pam of God lol). When they used her fax to fax the Sheriff's Dept, they found that the phone number and time was not right/hers.

There is so much information, it's hard to know where to start LOL I have found myself jumping around the documents lots, but hoping to find some time to read through the affidavits from the experts. I have skimmed some, but want to actually read them lol I'm most interested in the bones/fire/blood splatter.

Make sure to post anything interesting you find!!!! There is so much, it's easy to miss things

Right, but anybody who had access to TH fax machine can change the number and time stamp that shows up on the outgoing faxes. It's really easy to do, it's in the settings/ main menu of almost all fax machines. What fax number appeared on TH faxes to Auto Trader previous to 10/31? The Auto Trader employee found it odd and reported it. Who had access to TH's fax machine? I'm not saying it was changed, but until I know what fax number appeared on TH's outgoing faxes previous to 10/31 the test fax means nothing to me. I work for a large healthcare system in IT/Telecom (20 years) which includes all communications, network, wireless devices, cell phones, etc., naturally I seem to gravitate to this area. Lol!!

 

[missy1974]

Right, but anybody who had access to TH fax machine can change the number and time stamp that shows up on the outgoing faxes. It's really easy to do, it's in the settings/ main menu of almost all fax machines. What fax number appeared on TH faxes to Auto Trader previous to 10/31? The Auto Trader employee found it odd and reported it. Who had access to TH's fax machine? I'm not saying it was changed, but until I know what fax number appeared on TH's outgoing faxes previous to 10/31 the test fax means nothing to me. I work for a large healthcare system in IT/Telecom (20 years) which includes all communications, network, wireless devices, cell phones, etc., naturally I seem to gravitate to this area. Lol!!

Page 4, second paragraph (sorry, dang copy/paste won't work)
http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-75-DCI-Schuster-Interview.pdf

Angela Schuster said it was the same fax number, but was unsure about the time stamp.

CASO report: http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=56

they did verify the number was hers, but now that I'm looking again, they don't say anything about the time stamp.

 

[shadowraiths]

Mr. Farwell used the opinion of Mr. James that, to a reasonable degree of scientific certainty in the field of bloodstain
pattern analysis, the bloodstain pattern observed on the interior cargo door of Ms. Halbach's RA V-4 is consistent with a cast-off pattern, which in turn indicates that Ms. Halbach was hit with an object when she was behind her car and while the cargo door was open.

Not sure who stated this, (Safeguard? Dexter? Cool J? IDK?) but I do recall talking about where TH was murdered. Someone, I don't recall who~~mentioned they thought the blood splatter indicated she was behind her car while the cargo door was open. Whoever it was~~looks life you were correct.

That was a scenario I posted back in February of 2016:

[...]

As for Ms. Halbach's murder? I have long felt he followed her, made a pass, she refused his advances, and in anger, he struck out, accidentally killing her. That is, I do not think she was murdered in his trailer or garage, or even shot, or that her murder was in any way, shape or form, premeditated. Rather, it was the heat of the moment blitz attack coming from someone with little, to no, impulse control. To my mind this explains the smears of her blood in the trunk of her car.

[...]

 

[shadowraiths]

ohhh in regards to the damage to the RAV4...

Northwest of Mr. Avery' s trailer, between the
Avery property and the cul-de-sac at Kuss Road, there was a metal post protruding
approximately 2 ½ feet from the ground.

ETA: looks like they subpoenaed her insurance info too...

Current post-conviction counsel, through its
investigator, has confirmed that Ms. Halbach never filed an insurance claim for this
damage to her vehicle, and further contends that the damage to Ms. Halbach's vehicle
occurred after she left the Avery property on October 31 , 2005. (Response to Subpoena to
Erie Insurance, attached and incorporated herein as P-C Exhibit 59)

Concluding damage occurred after she left, based solely on lack of an insurance claim seems odd. After all, a very simple, and for that matter, common, reason someone might not file a claim is to avoid increased insurance rates. This would be especially so if the cost of a repair is less than or near equal to their deductible. In other words, seems like quite a stretch. Imho, of course.

Otoh, if we're approaching this from the "blitz" attack angle that I proposed in February last year? One way SA could have lured TH, would be to have seen the broken light, and stated that he had a car the same year that he could pull a light from... would she like to see it.

Either way, I think both proposed scenarios (KZ's & mine) are long on speculation and short on facts.

 

[shadowraiths]

Also KZ seems to be suggesting that RH killed TH at her apartment? How did her neighbors miss THAT, I wonder... Not one person saw or heard anything?.

If you check out Google Earth, you will see that TH's closest neighbor was her parents/landlords. And their house is still a ways from her place.

Regardless, if she died at her place as KZ contends, then, imho, the "frat theory" could fit, as well as explain the seemingly odd behavior btwn RH, the roommate, & her brother.

It wasn't until I read the court documents, that I learned he was apparently cozy with Ms. Halbach's roommate as well. Then again, if Avery is actually innocent, and I'm yet to be convinced of that, I'm leaning toward a frat party gone bad scenario, as opposed to actual murder.

 

[Karinna]

What's next in Steven Avery's case?
(quote)
"There are a number of different things that could happen, which would affect timing differently. It all depends on how the State chooses to respond," Wisconsin Department of Justice spokeswoman Rebecca Ballweg wrote Friday in response to questions about the next steps in the case. "At this time, we are reviewing the filing."

She didn't respond to a follow-up request for more specifics.

At this stage, the trial judge has a huge amount of discretion as to further proceedings, said Keith A. Findley, co-founder of the Wisconsin Innocence Project.
http://www.postcrescent.com/story/n...6/14/whats-next-steven-averys-case/381711001/

 

[BigCityAccountant]

SOOOOO much information in all of these exhibits, it's hard to know where to start LOL

Exhibit 74 - AutoTrader toll free records from the 31st. Confirms that SA DID call AT back at 11:04 from his house phone. SA said this in one of his early November interviews, and it was confirmed that TH would be coming that day.

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-74-Toll-Free-Records.pdf

The only verification that we have that the 2:27 call was from AutoTrader is this:

Hi Missy!! Hope your loved one is feeling better!!!

There was sooo much information in this post, I'll just start here.

So here's my question. If Avery was trying to hid or be sneaky, why wouldn't he use *67 when he called Auto Trader the first time and at 11:04 when he used his home phone? If he did intend to kill TH, wouldn't he want his number hidden ALL of the time he called, not just a few calls?

My other question is...

HOW did Pliszka know it was EXACTLY 2:27 pm when she spoke to TH? Wouldn't some say, Oh approximately 2:30 pm or between 2:15 pm and 2:30 pm? To be that specific on the time, tells me someone fed that time to her. I'm not saying LE, it could have been TH's family and friends when they were calling Auto trader, but it sure seems odd that she knew the time right down to the minute.

 

[BigCityAccountant]

That was a scenario I posted back in February of 2016:

Good Call Shadowraiths and Welcome Back!!! :seeya:

 

[missy1974]

Concluding damage occurred after she left, based solely on lack of an insurance claim seems odd. After all, a very simple, and for that matter, common, reason someone might not file a claim is to avoid increased insurance rates. This would be especially so if the cost of a repair is less than or near equal to their deductible. In other words, seems like quite a stretch. Imho, of course.

Otoh, if we're approaching this from the "blitz" attack angle that I proposed in February last year? One way SA could have lured TH, would be to have seen the broken light, and stated that he had a car the same year that he could pull a light from... would she like to see it.

Either way, I think both proposed scenarios (KZ's & mine) are long on speculation and short on facts.

Here is the problem I have with the RAV4 damage..... IF it was previous damage and friends/family knew about it, why wasn't it on the missing persons poster? The family was working with a missing persons organization the first night, the 3rd, to make up posters. Now, I've never had to do one of these myself (thank goodness), but these organizations are experienced and they know what they are doing, why wouldn't they ask the family if there was any "identifying" marks on the RAV4 that would make it stand out? If it was known that it had damage, why did they use a Lemieux sticker on the back of the RAV4 to help identify it with the family? Why didn't Wiegert ask Pam if the front drivers side light was broken when she called in the RAV4? They guy from her first appointment that day noted that there was no damage to her RAV4 and it looked "new". I have very little doubt that the damage happened after or around the time she went missing. So then I question why Ryan would tell Fassbender that it was damaged.

Nice to see you back shadowraiths

 

[missy1974]

Hi Missy!! Hope your loved one is feeling better!!!

There was sooo much information in this post, I'll just start here.

So here's my question. If Avery was trying to hid or be sneaky, why wouldn't he use *67 when he called Auto Trader the first time and at 11:04 when he used his home phone? If he did intend to kill TH, wouldn't he want his number hidden ALL of the time he called, not just a few calls?

My other question is...

HOW did Pliszka know it was EXACTLY 2:27 pm when she spoke to TH? Wouldn't some say, Oh approximately 2:30 pm or between 2:15 pm and 2:30 pm? To be that specific on the time, tells me someone fed that time to her. I'm not saying LE, it could have been TH's family and friends when they were calling Auto trader, but it sure seems odd that she knew the time right down to the minute.

Hi BCA much better thanks!

I totally agree about the calls to AutoTrader. We finally have confirmation that he did indeed call there just after 11am though, he had said this in an early interview with LE, but we never had confirmation, and it was never brought up in the trial. It would go against the State's "luring" theory, and I guess SA's lawyers didn't look far enough into it.

The 2:27 call... according to her interview with Fassbender and the snip I put in my post... she knew because MARK with CALUMET COUNTY told her!!!

Here is the new exhibit with TH's calls that KZ got from At&t. I don't see the 2:27pm (should be 20:27 on the exhibit) call at all. I also don't see the call to the Zipperer's at 2:12pm (20:12) . In the brief, KZ clearly uses the old exhibit to reference those calls, and not the new records, so she is aware of them not being on the new documents, but I don't know an explanation for that.

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-72-New-Halbach-Cell-Records.pdf

 

[BigCityAccountant]

Hi BCA much better thanks!

I totally agree about the calls to AutoTrader. We finally have confirmation that he did indeed call there just after 11am though, he had said this in an early interview with LE, but we never had confirmation, and it was never brought up in the trial. It would go against the State's "luring" theory, and I guess SA's lawyers didn't look far enough into it.

The 2:27 call... according to her interview with Fassbender and the snip I put in my post... she knew because MARK with CALUMET COUNTY told her!!!

Here is the new exhibit with TH's calls that KZ got from At&t. I don't see the 2:27pm (should be 20:27 on the exhibit) call at all. I also don't see the call to the Zipperer's at 2:12pm (20:12) . In the brief, KZ clearly uses the old exhibit to reference those calls, and not the new records, so she is aware of them not being on the new documents, but I don't know an explanation for that.

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-72-New-Halbach-Cell-Records.pdf

The only problem I have with the phone records~~on Cingular and not on AT&T, is that it could be argued that they were lost when the 2 companies merged.