August 26th 2016 Motions Filed

[CoolJ]

In light of Zellner's new tweet, I've gone back into the latest motion to see exactly what she wants to test. Here is what I have found:

• Body fluid source testing on TH's key
• Body fluid source testing on the hood latch.
• Radiocarbon testing (14c) on SA's blood found in the RAV4.
• New DNA testing on items not previously tested:
  • the hood prop
  • the battery cable
  • the interior hood release in TH's vehicle
  • the bar that moves the seat in the RAV4 forward
  • the blinker light
  • the lug wrench
  • the purple thong underwear found in the same vehicle the license plates were found)
• New and improved DNA testing on previously-tested items:
  • the license plates
  • the swabs taken from the victim's car (including the swab of hood latch, swab of the ext door handle, interior passenger door handle, swab of left battery calbe, swab of right battery cable, another swab of interior handle and another swab of exterior handle (the last 2 have different evidence NO.s then the first one's listed, but no driver/passenger info)
  • the key
• DNA testing on the pelvic bones recovered from the quarry property.
• DNA testing on the burnt material found at the Radandt deer hunting camp.

and of course...

• The DNA testing of previously collected swabs and blood stains alleged to contain Mr. Avery's DNA from the RAV4 (earlier ruling from Judge Willis allowing this in the future)

***** it is noted in the motion she wants to do trace testing for the presence of chemicals, solvents, or fibers to determine whether the chemicals or fibers (rubbing) had been used to remove DNA from the victim's key or hood latch.


What Zellner requested for the Radiocarbon (14c) testing:

• The blood tube containing SA's 1996 blood sample.
• stains from the RAV4: item A6, A7, A8, A9, A10, A12
• stains from garage floor: G, I1, J, K, O, P
• stain from bathroom floor: Y
• stains from various spots in his house, including molding, couch, cushion, living room door, sink: AA, CF, CG, CQ, CR4.

Requested for alternative DNA Methylation Testing to Age SA's blood in TH's vehicle (in the case that the samples for the radiocarbon testing are too contaminated for the test to produce accurate data) :

• the swabs/cuttins from the 6 blood spots in the RAV4: A6, A7, A8, A9, A10, A12
• the swabs/cuttings from the blue Pontaic Grand Am: B1, B2, B3, B4, B5.

Items requested for Trace testing:

• The rav4 key
• the buccal swabs taken from SA in 2005 AND 2003.

Ballistics Testing:

• the bullet fragment recovered from SA's garage: Item FL
• unspent .22 LR shells from SA's bedroom.

Fingerprint Comparison

• request for the fingerprints of Officers Colborn and Lenk.
• Motorola Razr: Item BM (this is listed under Fingerprint comparison in the motion)

Where has all this evidence been sitting all these years? That is what worries me..... if you get what i'm saying..

 

[dexter75]

Where has all this evidence been sitting all these years? That is what worries me..... if you get what i'm saying..

CoolJ,
My mind went straight to where your mind went, this I am sure🙄

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[missy1974]

Special Prosecutor Norm Gahn has been appointed to handle the SA case.

http://www.stevenaverycase.org/wp-content/uploads/2016/09/Avery-Case-Special-Prosecutor-9-6-2016.pdf

I thought this had already been done, but going a quick google search, looks like the paperwork was started earlier, just not completed. Maybe they were waiting for Zellner to file something. He was part of the original 'team' to prosecute SA and has since retired.

Found this article from March.
http://wbay.com/2016/03/03/former-avery-special-prosecutor-re-appointed-to-appeal-case/

 

[dexter75]

Special Prosecutor Norm Gahn has been appointed to handle the SA case.

http://www.stevenaverycase.org/wp-content/uploads/2016/09/Avery-Case-Special-Prosecutor-9-6-2016.pdf

I thought this had already been done, but going a quick google search, looks like the paperwork was started earlier, just not completed. Maybe they were waiting for Zellner to file something. He was part of the original 'team' to prosecute SA and has since retired.

Found this article from March.
http://wbay.com/2016/03/03/former-avery-special-prosecutor-re-appointed-to-appeal-case/

Seen this earlier today too, Missy:waitasec:

 

[missy1974]

An update on court records.

in regards to:

Motion to Hold in Abeyance and Suspend the Briefing Schedule - ORD that the appeal is stayed pending further order of this court.

Motion to Substitute Local Counsel and File Appearance, Instanter - Granted

Also from yesterday, Attorney Tricia Bushnell appears as associate counsel, while Steven G. Richards is local counsel. (TB tweeted this yesterday)

ETA: oh and it looks like the Record went back to the Circuit Court (geesh, how long did it take to get there and now they have to send it back anyway LOL)

 

[IDK]

Since the Zellner Tweet thread is not available at the moment (is this SOP on WS?, never encountered it before) since it has been "pulled for review" I just wanted to post this definition of disinformation agents since I personally had never encountered that term before. Thanks so much fellow WS'ers for furthering my education!!!!

"Disinformation is intentionally false or misleading information that is spread in a calculated way to deceive target audiences. The English word, which did not appear in dictionaries until the late-1980s, is a direct transliteration of the Russian дезинформация, transliterated as "dezinformatsiya."

[h=3]Disinformation - Wikipedia, the free encyclopedia"[/h]

 

[CoolJ]

Speaking of evidence... can someone please explain this to me?

I will just let you brilliant sleuths see if you can spot the significance here....

 

[missy1974]

Speaking of evidence... can someone please explain this to me?View attachment 101026View attachment 101027

I will just let you brilliant sleuths see if you can spot the significance here....

Coincidental? ( I don't believe anything is coincidental in this case lol)

They both must have shopped at Intimate Treasures. I wonder if all that evidence was logged? or only 1 toothbrush, 1 chapstick, and 1 maroon case with toy.

 

[missy1974]

http://www.stevenaverycase.org/wp-c...-County-Sheriffs-Department-Evidence-List.pdf

I can't even find the toothbrush and chapstick on there. 7096 and 7097. 7098 is there.

 

[missy1974]

BD's lawyer's statement:

September 9, 2016

In response to the State of Wisconsin's decision to file an appeal in Dassey case:

"We are disappointed in the State's decision to prolong Brendan's case by seeking an appeal. We look forward to continuing to defend his rights in court. Like Brendan, we remain grateful to his many supporters for their continued loyalty and strength."

http://www.law.northwestern.edu/legalclinic/wrongfulconvictionsyouth/

 

[Safeguard]

BD's lawyer's statement:

September 9, 2016

In response to the State of Wisconsin's decision to file an appeal in Dassey case:

"We are disappointed in the State's decision to prolong Brendan's case by seeking an appeal. We look forward to continuing to defend his rights in court. Like Brendan, we remain grateful to his many supporters for their continued loyalty and strength."

http://www.law.northwestern.edu/legalclinic/wrongfulconvictionsyouth/

Wow. Now that's just spiteful. They won't win.

 

[BigCityAccountant]

Speaking of evidence... can someone please explain this to me?

I will just let you brilliant sleuths see if you can spot the significance here....

Where do I start???

Hawkins states that Tag No's 7096,7097,7098 were brought back from the AVERY property~~not TH's residence. hum, what where those items doing at AVERY'S?
Keeping on that track, Hawkins states the were repackaged in PAPER bags~~wait a minute~~didn't Wendling say he collected them from TH's residence and placed the evidence in PLASTIC bags?

They were collected on 11/6/05~~but wait~~then out at the Avery's on 11/8/05 being repackaged? What the heck were they doing with the evidence out at Avery's and NOT in the evidence room at CASO???

So, TH's items with DNA on them spent 2 days on the Avery property??? WTH

 

[BigCityAccountant]

Not sure where to put this...

We had a death in the family this week and the funeral was yesterday. My cousin from Sheboygan came into town and we were discussing the Avery case. (we've never discussed it before..LOL) anyway she thinks SA is innocent. She knows the Radandt's Sand and Gravel Pit in her town. A good read here...look up this date and notice the executor.
08 Mar. 1894
http://www.2manitowoc.com/43Qobit.html

In any event as we were talking she said she has a friend who lives 2 miles down the road from the Avery's. Her friend's husband is involved with the demolition derby, so he knows the Avery's quite well. She told me SA was the "more normal" of the bunch and that her friend's husband will not allow her friend to go to the salvage yard, not because of SA, but because of CA. She said he is really really strange. She doesn't believe SA killed TH, but believes a family member is involved, namely the one I mentioned. Her friend and her husband also believe SA is innocent and another family member is involved.

For what it's worth, just a local's or somewhat local's 2 cents.

 

[BigCityAccountant]

Where do I start???

Hawkins states that Tag No's 7096,7097,7098 were brought back from the AVERY property~~not TH's residence. hum, what where those items doing at AVERY'S?
Keeping on that track, Hawkins states the were repackaged in PAPER bags~~wait a minute~~didn't Wendling say he collected them from TH's residence and placed the evidence in PLASTIC bags?

They were collected on 11/6/05~~but wait~~then out at the Avery's on 11/8/05 being repackaged? What the heck were they doing with the evidence out at Avery's and NOT in the evidence room at CASO???

So, TH's items with DNA on them spent 2 days on the Avery property??? WTH

Bumping off my previous post~~~I just remembered Hawkins was the evidence room custodian. So, he was talking about getting the evidence repackaged on 11/8/05 to be sent to the crime lab and in fact they were not out at Avery's on 11/8/05~~however, that DOES NOT change the fact that he states they were brought there from the Avery property. Is this a misprint or is it more telling??? humm??

 

[CoolJ]

Bumping off my previous post~~~I just remembered Hawkins was the evidence room custodian. So, he was talking about getting the evidence repackaged on 11/8/05 to be sent to the crime lab and in fact they were not out at Avery's on 11/8/05~~however, that DOES NOT change the fact that he states they were brought there from the Avery property. Is this a misprint or is it more telling??? humm??

IMO it is clear cut proof that there was planting going. It is right there in black and white. This is what happens when there are a group of corrupt "old boys" working together to frame someone on a case while at the same time they are using honest(but gullible IMO) officers to help them do their dirty work.

This is smoking gun evidence of a frame job. It is not a "misprint". A misprint is a spelling error or getting a date wrong. This clearly shows us that they recovered evidence from TH's apartment and brought to Avery's and said they found it there. There is no other explanation.

 

[Safeguard]

Not sure where to put this...

We had a death in the family this week and the funeral was yesterday. My cousin from Sheboygan came into town and we were discussing the Avery case. (we've never discussed it before..LOL) anyway she thinks SA is innocent. She knows the Radandt's Sand and Gravel Pit in her town. A good read here...look up this date and notice the executor.
08 Mar. 1894
http://www.2manitowoc.com/43Qobit.html

In any event as we were talking she said she has a friend who lives 2 miles down the road from the Avery's. Her friend's husband is involved with the demolition derby, so he knows the Avery's quite well. She told me SA was the "more normal" of the bunch and that her friend's husband will not allow her friend to go to the salvage yard, not because of SA, but because of CA. She said he is really really strange. She doesn't believe SA killed TH, but believes a family member is involved, namely the one I mentioned. Her friend and her husband also believe SA is innocent and another family member is involved.

For what it's worth, just a local's or somewhat local's 2 cents.

Sorry about the death in your family BCA!

I looked up the date you mentioned...I think I saw this before, maybe over on Reddit... But... yeah, very interesting...
bbm

"Death on Sat. of Friedrich Radant, after a long illness with consumption. He
was 30 yrs. of age and had lost his wife several years ago. He is survived by 4
children. The funeral took place Tues. morning at the Catholic Cemetery.
Der Nord Westen, 08 Mar. 1894
********
Order for Proof of Will.
STATE OF WISCONSIN.
COUNTY COURT FOR MANITOWOC COUNTY.
In the matter of the estate of Fred Radandt deceased. In probate.
An Instrument in writing, purporting to be the last will and testament of Fred Radandt of Newton in
said county, having been delivered into said court:
And Wm. P. Hermann, of Manitowoc in said county, having presented to said court his petition in
writing, duly verified, representing, among other things, that said Fred Radandt, died testate, at
Newton in said county, on the 3rd day of March 1894; that said instrument is the last will of said
deeased (sic) and that William P. Hermann is named therein as executor, and praying that said
instrument be proven and admitted to probate and that letters testamentary be thereon issued to him.
It is ordered: That said petition and the matters therein be heard, and proofs of said last will and
testament be taken, at a regular term of said county court, to be held at the probate office in the
city of Manitowoc, on Tuesday, the 3rd day of April 1894, at 10 o'clock A.M.
And it is further ordered: That notice of the time and place of said hearing be given by publication
hereof for three successive weeks, once each week, previous to the time of said hearing, in the
Nord Westen, a newspaper published in said Manitowoc county.
Dated March 7th, 1894.
By the Court:
F.E. Manseau, County Judge.
Manitowoc Der Nord Westen, Thursday, March 22, 1894 P. 4"

 

[CoolJ]

[video=youtube;dGLz-zXl9M4]https://www.youtube.com/watch?v=dGLz-zXl9M4[/video]

Casey Martinez explains it in a nice way LOL

 

[Safeguard]

IMO it is clear cut proof that there was planting going. It is right there in black and white. This is what happens when there are a group of corrupt "old boys" working together to frame someone on a case while at the same time they are using honest(but gullible IMO) officers to help them do their dirty work.

This is smoking gun evidence of a frame job. It is not a "misprint". A misprint is a spelling error or getting a date wrong. This clearly shows us that they recovered evidence from TH's apartment and brought to Avery's and said they found it there. There is no other explanation.

bbm

I don't remember them saying they found any of those items on SA's property... The hair brush, and...Ahhhmm...that other stuff. :blushing:
Did they enter those items as evidence found at the salvage yard then?

 

[CoolJ]

bbm

I don't remember them saying they found any of those items on SA's property... The hair brush, and...Ahhhmm...that other stuff. :blushing:
Did they enter those items as evidence found at the salvage yard then?

Yes, did you read the two documents I posted earlier?

 

[Safeguard]

Yes, did you read the two documents I posted earlier?

Yeah. I did. I guess I just find it odd that the, "Guilty no matter what" crowd isn't saying anything about those pieces of evidence, (like they were all up in arms about the pink fuzzy handcuffs for a while there).