August 26th 2016 Motions Filed

[missy1974]

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.

So sorry for your loss.:loveyou:

Thanks for the local insight! I wonder how many others from around there feel the same way but are afraid to say it?

From some of the things we have read about CA, I can understand the feelings. Funny that SA would be the "more normal" one LOL I have thought for a long time that he is okay as an acquaintance, but is nasty to the people that are close to him. JMO

 

[missy1974]

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??

I don't think it matters how you look at the reports, there is definitely something wrong with it. Evidence can't be at TH's and at SA's, and that seems to go beyond a typo? lol

 

[CoolJ]

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).

The "guilty no matter what" crowd don't talk about evidence like this because it can't be denied. Easier to just ignore it.

 

[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....

I just went back and read these again. The way it is worded is terrible, but now that I am reading it again, he just says that they were collected from the Avery property. It could be argued that he didn't know where they were collected from (although he should have known), but it looks like they were at the Calumet Sheriff's Dept, not at the Avery property. He was told to get them ready for DCI agent Matthey Joy for pick up to take to the state crime lab.

Also, in case you all missed it..... this is the report that talks about barrel #4 and how it was "returned" to the Avery property and Kratz wanted it brought back. And yep, this is Nov 8th, the same day the bones were found. Nope, nothing suspicious at all

 

[BigCityAccountant]

I just went back and read these again. The way it is worded is terrible, but now that I am reading it again, he just says that they were collected from the Avery property. It could be argued that he didn't know where they were collected from (although he should have known), but it looks like they were at the Calumet Sheriff's Dept, not at the Avery property. He was told to get them ready for DCI agent Matthey Joy for pick up to take to the state crime lab.

Also, in case you all missed it..... this is the report that talks about barrel #4 and how it was "returned" to the Avery property and Kratz wanted it brought back. And yep, this is Nov 8th, the same day the bones were found. Nope, nothing suspicious at all

Thanks you guys! We were expecting it....cancer...my uncle. Glad he is not in pain anymore.

In any event, more family stuff planned tonight..cuts into my sleuthing time...LOL

Just quickly~~yes Missy...I did notice that~~I'm not sure if I was clear that I realized it was at CASO...correct~~they were at CASO hdqtrs. in the evidence room. Hawkins was the custodian, getting ready to send them off to the crime lab. In any event, he really should have known where they were collected from~~and I would venture to guess that they should have been marked where they were collected from. Add to that, if he didn't~~how do we know where the evidence came from~~maybe those pink handcuffs were actually from TH's house? Extreme in making my point. However, nontheless, if they were not keeping accurate records and mixing the evidence up from where it was collected I suspect it is possible for it to have been collected at Avery's and marked TH's and collected from TH's and marked Avery's.

 

[Safeguard]

I just went back and read these again. The way it is worded is terrible, but now that I am reading it again, he just says that they were collected from the Avery property. It could be argued that he didn't know where they were collected from (although he should have known), but it looks like they were at the Calumet Sheriff's Dept, not at the Avery property. He was told to get them ready for DCI agent Matthey Joy for pick up to take to the state crime lab.

Also, in case you all missed it..... this is the report that talks about barrel #4 and how it was "returned" to the Avery property and Kratz wanted it brought back. And yep, this is Nov 8th, the same day the bones were found. Nope, nothing suspicious at all

Ok... So the hair brush and other personal items were never brought up, in court, as being discovered on SA's property Right? I can't see how I would have missed that, if they were. I get it about those docs being incriminating, Just not striking me as any more significant than a lot of the stuff we seen already, with the exception, of #4 Burn barrel. That was a rather descriptive narrative and not as easily explained. jmo

 

[missy1974]

Ok... So the hair brush and other personal items were never brought up, in court, as being discovered on SA's property Right? I can't see how I would have missed that, it they were. I get it about those docs being incriminating, Just not striking me as any more significant than a lot of the stuff we seen already, with the exception, of #4 Burn barrel. That was a rather descriptive narrative and not as easily explained. jmo

No it was never brought up in either trial.

Honestly, when I first read that report yesterday and did a quick comparison, I was thinking WTH?!?!?! Going back today, I was looking at the plastic/paper bag thing and after reading it all again, I now see that he was at the Sheriff's Dept, he wasn't at the Avery property and neither was the hairbrush/toothbrush/maroon case. He was asked to get that evidence ready for a DCI agent to pick up and take it to the State Crime lab. In his own narrative, he says "evidence from the Avery property", he was wrong, and as evidence guy.... he should be more precise IMO

But barrel #4 is another story LOL I have gone down that rabbit hole.... it's big and never ending .....

 

[Safeguard]

I have gone down that rabbit hole.... it's big and never ending .....

rsbm
I doubt there's a 'rabbit hole' safe from you on this planet Alice!

 

[dexter75]

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.

I couldn't agree with you more on this.
🙄
Misprints..
Misprints are " typos "
Misprints...can typically be fixed with some " white out " & a few letters or numbers.
Misprints are not complete sentences, describing events & details that turn out to be false.🙄
IMO

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[dexter75]

I just went back and read these again. The way it is worded is terrible, but now that I am reading it again, he just says that they were collected from the Avery property. It could be argued that he didn't know where they were collected from (although he should have known), but it looks like they were at the Calumet Sheriff's Dept, not at the Avery property. He was told to get them ready for DCI agent Matthey Joy for pick up to take to the state crime lab.

Also, in case you all missed it..... this is the report that talks about barrel #4 and how it was "returned" to the Avery property and Kratz wanted it brought back. And yep, this is Nov 8th, the same day the bones were found. Nope, nothing suspicious at all

I just want to rip my frickin hair out over the way this case was handled.
How can any human being be ok with the obvious corruption?
We could even call instances like this, coincidences.
The barrel, bones, key, etc.
Aren't there just an awful number of coincidences?
Where & when things were found? How they were found? The timing? And by whom?
I can't thank the makers of MAM enough, for showing the world just how messed up our system really is.
Looking forward to seeing the 2nd.
I can't thank men & women like Zellner enough, for fighting to right wrongs, not giving 2 bleeps what anyone else thinks😉


Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[missy1974]

Thanks you guys! We were expecting it....cancer...my uncle. Glad he is not in pain anymore.

In any event, more family stuff planned tonight..cuts into my sleuthing time...LOL

Just quickly~~yes Missy...I did notice that~~I'm not sure if I was clear that I realized it was at CASO...correct~~they were at CASO hdqtrs. in the evidence room. Hawkins was the custodian, getting ready to send them off to the crime lab. In any event, he really should have known where they were collected from~~and I would venture to guess that they should have been marked where they were collected from. Add to that, if he didn't~~how do we know where the evidence came from~~maybe those pink handcuffs were actually from TH's house? Extreme in making my point. However, nontheless, if they were not keeping accurate records and mixing the evidence up from where it was collected I suspect it is possible for it to have been collected at Avery's and marked TH's and collected from TH's and marked Avery's.

Oh I agree BCA.... their is no excuse for how sloppy they were, in all aspects of this case. Evidence custodian dude should really have a handle on where evidence was collected and should be more careful in his reporting... especially being an evidence custodian dude lol

 

[missy1974]

I just want to rip my frickin hair out over the way this case was handled.
How can any human being be ok with the obvious corruption?
We could even call instances like this, coincidences.
The barrel, bones, key, etc.
Aren't there just an awful number of coincidences?
Where & when things were found? How they were found? The timing? And by whom?
I can't thank the makers of MAM enough, for showing the world just how messed up our system really is.
Looking forward to seeing the 2nd.
I can't thank men & women like Zellner enough, for fighting to right wrongs, not giving 2 bleeps what anyone else thinks😉


Sent from my SAMSUNG-SM-G935A using Tapatalk

I was just thinking as I was responding to BCA.... I have followed other cases, I have read police reports, other documents, watched trials, etc. I don't recall every seeing a case with this many "mistakes".

 

[Safeguard]

I was just thinking as I was responding to BCA.... I have followed other cases, I have read police reports, other documents, watched trials, etc. I don't recall every seeing a case with this many "mistakes".

"Desperate people do desperate things."

 

[scaredtopost]

Was TH's DNA supposedly found in any of the burn barrels? I think I just remember a piece of bone but could they have been attempting to place her DNA in one or more of the barrels? Just thinking out loud... JMO, MOO, etc

 

[dexter75]

I was just thinking as I was responding to BCA.... I have followed other cases, I have read police reports, other documents, watched trials, etc. I don't recall every seeing a case with this many "mistakes".

You, my friend, have got that right!

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[missy1974]

Was TH's DNA supposedly found in any of the burn barrels? I think I just remember a piece of bone but could they have been attempting to place her DNA in one or more of the barrels? Just thinking out loud... JMO, MOO, etc

hmmm Bones were found in one of the barrel's, I don't think those specific bones were used in DNA analysis though. It was stated by Eisenberg that the bones that were found in the barrel were from different parts of the body, which basically meant that she was not dismembered and different parts burned in different spots on the property IMO This is part of the reason that I believe those bones were dumped in the fire pit, probably using that barrel and not all were dumped, some were left behind, but JMO

ETA: :welcome: to the forum! I'm not sure if you have posted before, but keep posting!

 

[BigCityAccountant]

I remember discussing the white trailer wayyy back when...I believe it was with Hippiemom and we were also discussing that ice shack that has always seemed to bother me. Anyway, thought I would post the location of the white trailer was located.

Item CV (Calumet County inventory no. 8324), a pair of women’s purple thong panties recovered from the white trailer near the Mercury station wagon where the victim’s license plates were found. Similar thong panties were recovered from the victim’s residence (Items CM, CN, and CO). Mr. Avery is requesting to perform new and improved DNA testing on these panties to determine if they belonged to the victim and if they contain a male DNA profile.

 

[missy1974]

http://www.stevenaverycase.org/wp-content/uploads/2016/09/Judges-Response-to-Fallon-9-26-16.pdf

Judge's response to Fallon's request for a status hearing.

As required by statute, the court is giving the state an opportunity to respond to the defendant’s motion. The court does-not see the need for a status conference


Looks a little bit like the judge is saying, "it's clear and get on with it" IMO

I don't have the time at the moment to look into it, but by statute, I wonder how long the state has to respond to the defendant's motion? 30 days seems to be a standard..... and it's September 26th. Interesting. It must not be 30 days then? LOL or we will see something filed by the State soon.

 

[BigCityAccountant]

http://www.stevenaverycase.org/wp-content/uploads/2016/09/Judges-Response-to-Fallon-9-26-16.pdf

Judge's response to Fallon's request for a status hearing.

As required by statute, the court is giving the state an opportunity to respond to the defendant’s motion. The court does-not see the need for a status conference


Looks a little bit like the judge is saying, "it's clear and get on with it" IMO

I don't have the time at the moment to look into it, but by statute, I wonder how long the state has to respond to the defendant's motion? 30 days seems to be a standard..... and it's September 26th. Interesting. It must not be 30 days then? LOL or we will see something filed by the State soon.

Sounds to me like someone was trying to butter up the judge and she slapped their hand for it. But, then again JMHO

 

[missy1974]

Sounds to me like someone was trying to butter up the judge and she slapped their hand for it. But, then again JMHO

From comments and opinions that I have read elsewhere today, it is looking a bit like that, and a bit political. Back in 2005, the sentiment in the general public was that they were guilty... long before the trial. With the documentary and the general public having access to more of the "facts" and not just what LE/Kratz wants in the news, not everyone believes the narrative now, and it has eyes from not just all over the U.S., but the world watching now. JMO but this judge knows she is being watched, she is not going to allow any delay tactics or funny business from either side. I looked her up the other day, pretty sure she is up for re-election in 2017, I was wondering how that could affect this case?