August 26th 2016 Motions Filed

[Safeguard]

I don't know. It seems if you're going to plant evidence you would do it in a way that other officers can't testify that there were no phone fragments in the burn barrel.

I'm sticking with sloppy report writing. JMO

I've thought about this some... The way it seems to me, they all had to know SA was a pretty big problem looming for the entire county. I think some of them were actively involved in the set up, and others knew, but *looked away*.

Maybe some even believed that TH's body was burned in Avery's yard, ( you know, perhaps they didn't have a real good grasp on fire science issues, or didn't care to question).

I do think they were all complicit in some way. How else can you explain, that not one single member of LE stepped forward to say, "Hey, this isn't being handled right!"?

Not one person, questioned any aspect of that whole freak show? How do we explain that?

The same way we explain the DOJ knowing about kratz sexual harassment of Domestic Violence victims, for a whole year, before they were forced to adress it.

The same way MSO ignored City officers, who called with the information that Greg Allen confessed to the rape of PB, eight years before SA was exonerated.

There were probably some, who were told, "we have the right guy, but not enough to make charges stick, so we're going to tinker with the investigation, don't ask/don't tell... I think most of us are aware that this does go on in LE. more than many would care to admit.

 

[Deleted member 39678]

If he was framed, not all had to be a part of it, I think that has been said before, but maybe not?

And if they were sloppy, that's excusable?

As for her phone, no I do not believe it was identifiable. I would have to go and look, but IIRC, the flash cards were not extensively tested to see if they can get anything from them, I don't believe the serial number was found on it, and I don't think the SIM card was found either, but I will say JMO for now.

I'm not sure why you're asking me if I feel that sloppiness is excusable. I only said that it could explain why some didn't mention the phone.

 

[Deleted member 39678]

Actually looking at the info again.... 1 out of the 5 conflicting statements was from a report. The other 4 were from sworn affidavits and 1 was from the Criminal complaint. Sloppiness in legal documents should never be excused, should they? Especially from LE.

JMO

No need to nitpick about what kind of documents they were. I never said that sloppiness should be excused.

 

[Safeguard]

You know...

I would love to be able to believe that SA was guilty! How great would that be? That would mean, the right people were incarcerated, and that TH had some measure of justice and that her real killer is not enjoying walking free among us.

While I might take issue with how the outcome was achieved, I would still feel a whole lot better than I do now, if I could only believe justice was served. (in a however a round-about, kinda shady, way).

But I can't force myself to ignore the glaring lies, the evidence that points elsewhere, and the absolutely astounding lack of follow up on any other lead! As well as the MANY, many other aspects of Police corruption, that obviously plagued that particular county...

People can cry, "Oh you're an Avery lover" all they want. It's not true. I don't even know these people. But I like to think for myself, thank you. I have no allegiance to LE, I've seen too much corruption for that.( in fact, I remember cops in my own small town, planting drugs on teens I knew, who came out of lock up beaten to a pulp, and admitting that they were "being wizes-asses' " to the cops! Doesn't make that right imo!) But it is a FACT that cops will take the law into their own hands as they see fit!

I have always felt that TH's death was accidental. She may have stopped to photograph a scene in nature, and was accidentally shot by someone hunting. (I thought that long before, I learned of, a report of her being seen photographing cows, was made). I have no proof, just a feeling I've always had, could have happened differently, I admit, but she definitely did not die, the way KK took such great pleasure in reporting to the public. Of this I am positive.

 

[missy1974]

I greatly appreciate the information Missy provides. If you feel she is "nit-picking", could you please keep that to yourself, so that others may benefit from her extensive research?
If your going to ask a question RANCH, be prepared for others to answer as they see fit, not as you see fit. (If only certain types of answers are acceptable to you, could please provide a guideline for those who might respond)?

No worries Safeguard LOL We call it research and details, some call it nitpicking ;-) I thought they were from 'reports' too until I looked again and realized they were affidavits and a criminal complaint, that makes a big difference to me anyway. JMO. It could be argued that no one wanted to commit to it in a legal document? Could be just sloppiness (again)? But not mentioning her electronic devices being found in a burn barrel on November 5th on the Avery property in the criminal complaint or an affidavit seems like a huge oversight, especially considering they mentioned a shovel and clothing. *shrug* No big deal though, right?

There was/is an issue with the chain of custody of those barrels, this is just one more issue with them IMO At least one went back to Avery's at one point!

 

[Safeguard]

I get it Missy. It just gets frustrating, ya know? What do we have to gain, those of us who feel SA didn't do it? We're not his friends, not his relatives...
I just like to know how things work, in the world we live in. Not the fantasy of how things should work, but how they really do work. You're better than me when it comes to being able to find the pertinent documents, but I intuitively understand the process of corruption. I do!

For so long I've felt powerless to even say, "Look! Cops don't always tell the truth"! But they don't you know.. ( hence the Justice Project and the wrongful convictions they expose! No one seems to want to admit that?)). You could say, we, the American people, let them get away with the misuse of justice, but just look at the opposition to scrutiny just this one case is getting!! Why should our officials resist scrutiny? Why should the American people lower their standers of Justice, to suit the mob mentality?

It's just amazing, AMAZING to me, that anyone would believe that SA, on the EVE of getting a huge settlement, and a chance a wonderful new life, killed this photographer, tossed her in his fire pit, like she was a giant S'mores, entrusted a teenage relative, to help him out, And the squeaky clean, pristine MCSO /s took down this viscous murder...They didn't have to lie, they didn't have to plant evidence, right? It's all so very plain to see...It makes me nauseous that anyone believes that! I cant wait for KZ to expose the real truth!

 

[Coldpizza]

Done with the posturing and cliques in this Forum.

Everyone is entitled to their point of view and their opinion.

Please respect that or find yourself on the outside looking in.

Thank you

 

[Deleted member 39678]

I'll try and explain the point that I was making about the phone being absent from some of the reports/affidavit's/criminal complaint. The sloppiness may have been from poor note taking by some of the officers. Or maybe they were in a hurry and did a poor job. Or they didn't proof read. Maybe some or all of these things.

I get the impression from reading about this case that LE did a very poor job in their investigation. IMO that could include writing the reports/affidavit's/criminal complaint. It doesn't mean I'm making excuses for them or that it's proof of anything or it's no big deal that they left things out.

If LE can't produce the phone taken from Teresa's home, along with the different "reports", it will give Zellner some good ammunition in an argument that LE used that phone to plant evidence. Proving it 100% may be impossible but it may be enough to help her case. JMO

 

[missy1974]

I'll try and explain the point that I was making about the phone being absent from some of the reports/affidavit's/criminal complaint. The sloppiness may have been from poor note taking by some of the officers. Or maybe they were in a hurry and did a poor job. Or they didn't proof read. Maybe some or all of these things.

I get the impression from reading about this case that LE did a very poor job in their investigation. IMO that could include writing the reports/affidavit's/criminal complaint. It doesn't mean I'm making excuses for them or that it's proof of anything or it's no big deal that they left things out.

If LE can't produce the phone taken from Teresa's home, along with the different "reports", it will give Zellner some good ammunition in an argument that LE used that phone to plant evidence. Proving it 100% may be impossible but it may be enough to help her case. JMO

I actually somewhat have a feeling that it's more about the lack of reporting and details in the affidavits/complaints and about the barrel's than it is the phone, if that makes sense? It was a way of getting it into the motion, because even when I went looking for it in the motion, it seemed uhmmm misplaced. She doesn't ask for the phone to do more testing, it's just kind of there, randomly, and she requests they produce it. I would have to go back and look, she did ask for contents of at least the Radandt/deer camp burn barrel, not sure if she asked for any from the ASY though.

JMO

 

[Deleted member 39678]

I actually somewhat have a feeling that it's more about the lack of reporting and details in the affidavits/complaints and about the barrel's than it is the phone, if that makes sense? It was a way of getting it into the motion, because even when I went looking for it in the motion, it seemed uhmmm misplaced. She doesn't ask for the phone to do more testing, it's just kind of there, randomly, and she requests they produce it. I would have to go back and look, she did ask for contents of at least the Radandt/deer camp burn barrel, not sure if she asked for any from the ASY though.

JMO

If Zellner is not going to have a missing phone to use and only the lack of details in the affidavits/complaints then she doesn't have as much IMO. Of course LE could have planted any old phone they had laying around like I suggested up thread. Then testing of the phone fragments would be helpful if it showed they were from the wrong kind of phone. JMO

 

[BigCityAccountant]

I actually somewhat have a feeling that it's more about the lack of reporting and details in the affidavits/complaints and about the barrel's than it is the phone, if that makes sense? It was a way of getting it into the motion, because even when I went looking for it in the motion, it seemed uhmmm misplaced. She doesn't ask for the phone to do more testing, it's just kind of there, randomly, and she requests they produce it. I would have to go back and look, she did ask for contents of at least the Radandt/deer camp burn barrel, not sure if she asked for any from the ASY though.

JMO

Quick question, please???

What is ASY? LOL

TIA

 

[Deleted member 39678]

Quick question, please???

What is ASY? LOL

TIA

Avery Salvage Yard I presume.

 

[Safeguard]

Avery Salvage Yard? ( I'm guessing BCA).

 

[BigCityAccountant]

Avery Salvage Yard I presume.

Thanks...not with it today, I guess...

 

[BigCityAccountant]

Avery Salvage Yard? ( I'm guessing BCA).

Thanks!!!

 

[BigCityAccountant]

I've thought about this some... The way it seems to me, they all had to know SA was a pretty big problem looming for the entire county. I think some of them were actively involved in the set up, and others knew, but *looked away*.

Maybe some even believed that TH's body was burned in Avery's yard, ( you know, perhaps they didn't have a real good grasp on fire science issues, or didn't care to question).

I do think they were all complicit in some way. How else can you explain, that not one single member of LE stepped forward to say, "Hey, this isn't being handled right!"?

Not one person, questioned any aspect of that whole freak show? How do we explain that?

The same way we explain the DOJ knowing about kratz sexual harassment of Domestic Violence victims, for a whole year, before they were forced to adress it.

The same way MSO ignored City officers, who called with the information that Greg Allen confessed to the rape of PB, eight years before SA was exonerated.

There were probably some, who were told, "we have the right guy, but not enough to make charges stick, so we're going to tinker with the investigation, don't ask/don't tell... I think most of us are aware that this does go on in LE. more than many would care to admit.

I have to respond to this because it hits home for me personally. I actually knew one of the LE mentioned in the article below, I won't say which one...

I don't know if it is the stresses of the job, power trip or what it is, but good cops do turn bad and set others up.

http://chicago.cbslocal.com/2013/01/17/study-details-history-of-cop-crime-in-chicago/

"Simpson says there’s a history of cover ups and indifference to corruption and crime by cops."

 

[missy1974]

Quick question, please???

What is ASY? LOL

TIA

Avery Salvage Yard I presume.

Avery Salvage Yard? ( I'm guessing BCA).

Thanks!!!

yes, I'm sorry! ASY - Avery Salvage Yard.... my hands are sore today, was cleaning and painting at work all week

 

[Deleted member 39678]

I have to respond to this because it hits home for me personally. I actually knew one of the LE mentioned in the article below, I won't say which one...

I don't know if it is the stresses of the job, power trip or what it is, but good cops do turn bad and set others up.

http://chicago.cbslocal.com/2013/01/17/study-details-history-of-cop-crime-in-chicago/

"Simpson says there’s a history of cover ups and indifference to corruption and crime by cops."

Unrelated case's of police misconduct don't help me much in regards to this case. It's the same when we have threads about police shootings where it's clear that the shooting was justified and people post links to cases were it's clear that the shooting was not justified. Apples and oranges.

Just because some cops are bad doesn't mean that they all are. Or that just because LE has planted evidence in other cases means that they did in this case. I'm sticking with looking at the evidence in this case with an open mind not prejudiced by the bad acts of LE in other locations. The bad acts by any of the players in this case is fair game, either SA or LE.

 

[dexter75]

If he was framed, not all had to be a part of it, I think that has been said before, but maybe not?

And if they were sloppy, that's excusable?

As for her phone, no I do not believe it was identifiable. I would have to go and look, but IIRC, the flash cards were not extensively tested to see if they can get anything from them, I don't believe the serial number was found on it, and I don't think the SIM card was found either, but I will say JMO for now.

Right my friend.
I know I would not want to be locked up for LIFE, nor have a loved one, (nor should anyone be locked up for LIFE )
Due to MESSY POLICE/LAW ENFORCEMENT PAPER WORK AND/REPORTING!!
Ummm NO.
( you try and get out of dishes...me, grocery shopping.ugh )

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[IDK]

Unrelated case's of police misconduct don't help me much in regards to this case. It's the same when we have threads about police shootings where it's clear that the shooting was justified and people post links to cases were it's clear that the shooting was not justified. Apples and oranges.

Just because some cops are bad doesn't mean that they all are. Or that just because LE has planted evidence in other cases means that they did in this case. I'm sticking with looking at the evidence in this case with an open mind not prejudiced by the bad acts of LE in other locations. The bad acts by any of the players in this case is fair game, either SA or LE.

The point some are making is that LE is in a position to control the evidence, the crime scene, the interviewing of witnesses and the investigation in general. In order to be truly open minded, one must admit/accept that "evidence" DOES lie sometimes. It is a much higher bar for anyone to prove the planting of evidence than to actually plant it. "Proven facts" are not always the truth. IMO.