August 26th 2016 Motions Filed

[Deleted member 39678]

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.

I'm not sure why but it seems you feel that I'm not open minded. I admit and accept that LE has planted evidence in some cases. I'm not sure that they did in this case. That's the point of my post.

 

[IDK]

I'm not sure why but it seems you feel that I'm not open minded. I admit and accept that LE has planted evidence in some cases. I'm not sure that they did in this case. That's the point of my post.

Oh, I see, thanks for the explanation. Sorry if I misunderstood. I am very hopeful that KZ and her team will be able to show proof positive that false evidence was presented at trial. It's an uphill road to climb, but if anyone can do it, I feel confident it will be KZ. I know she is trying to go one better and prove who the actual killer really was. I have to admit I get impatient at times and would love to know exactly what she's got and where she's heading. IMOO

Love this quote: "The wheels of justice turn slowly, but grind exceedingly fine"

 

[missy1974]

According to KZ's tweet:
Kathleen Zellner ‏@ZellnerLaw Nov 12
Agreed Testing Order entered on Monday for Steven Avery. #MakingAMurderer

There should be an Order filed today, I will be at work until sometime this evening, but will watch for it.

 

[dexter75]

Oh, I see, thanks for the explanation. Sorry if I misunderstood. I am very hopeful that KZ and her team will be able to show proof positive that false evidence was presented at trial. It's an uphill road to climb, but if anyone can do it, I feel confident it will be KZ. I know she is trying to go one better and prove who the actual killer really was. I have to admit I get impatient at times and would love to know exactly what she's got and where she's heading. IMOO

Love this quote: "The wheels of justice turn slowly, but grind exceedingly fine"

I'm impatient too😉
Our Justice system seems to take forever! ( not saying it's a bad thing..just, ugh)
Thanks for clarification on that, RANCH😉

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[dexter75]

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.

Absolutely get what you're saying here, and do agree with you😉
Just as many look at all if the ahem, coincidences re; Halbach and her stuff being found on Avery property, last place she was seen, etc.
Many of us take note of the coincidences surrounding this particular LAW ENFORCEMENT AGENCY,
They DID go after SA before, had a lawsuit pending, etc
( not to mention MUCH speculation surrounding other cases and situations NOT related to this case at all, hence the Hochstetler thread😉 )

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[missy1974]

posted this in the Zellner's tweets thread, but will post here.

http://www.postcrescent.com/story/n...scientific-testing-begin-avery-case/94353426/

As far as I can see, no one was able to get a copy of the order today and it might not be online until Friday. But according to John Ferak, the blood/swabs from the RAV4 will be tested. The vial of blood, the hood latch swab, and the spare key will also be tested.

"It's encouraging that the Attorney General's Office was so cooperative and helpful in expediting these tests," Zellner told USA TODAY NETWORK-Wisoconsin. "Our experience in our other exonerations is that's the best attitude in working toward trying to discover anything" that gets to the truth.

I'm not sure they would have had much of an argument as far as the vial of blood and the blood found in the RAV4, the order to preserve it and make available for future testing was done years ago. But nice to see they didn't fight on hood latch and key. I'm still not sure about that key though.... I am sure I saw it being handled during the trial without gloves, and since the trial.

I am not sure if this is just a start and there may be more testing later or not. Will have to wait to see the agreement.

 

[BigCityAccountant]

posted this in the Zellner's tweets thread, but will post here.

http://www.postcrescent.com/story/n...scientific-testing-begin-avery-case/94353426/

As far as I can see, no one was able to get a copy of the order today and it might not be online until Friday. But according to John Ferak, the blood/swabs from the RAV4 will be tested. The vial of blood, the hood latch swab, and the spare key will also be tested.



I'm not sure they would have had much of an argument as far as the vial of blood and the blood found in the RAV4, the order to preserve it and make available for future testing was done years ago. But nice to see they didn't fight on hood latch and key. I'm still not sure about that key though.... I am sure I saw it being handled during the trial without gloves, and since the trial.

I am not sure if this is just a start and there may be more testing later or not. Will have to wait to see the agreement.

.
Maybe that's what they will use against her...oh, even though this or that....you can't use it because its tainted evidence....I wonder..

 

[missy1974]

I was thinking about it last night. The only things that weren't covered by the order that Strang/Buting got after the trial is the hood latch and the key. I wonder if Zellner finds problems or issues with those, if it would then give her reason to ask the courts to continue doing more testing on other things? I have a feeling this is just a start, but we will again.... just have to wait and see... sighhhhhh LOL

 

[dexter75]

I was thinking about it last night. The only things that weren't covered by the order that Strang/Buting got after the trial is the hood latch and the key. I wonder if Zellner finds problems or issues with those, if it would then give her reason to ask the courts to continue doing more testing on other things? I have a feeling this is just a start, but we will again.... just have to wait and see... sighhhhhh LOL

Sigh is right..

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[Limaes]

Thank goodness the ball is about to get rolling so all that have been affected by what has happened over the last 12 months can move on with their lives in peace.

Sent from my SM-P550 using Tapatalk

 

[missy1974]

I know Jaiddie posted these in the other thread, but I figured it should be posted here in this thread as well.

Order for Scientific Testing:

http://www.stevenaverycase.org/wp-c...pulation-and-Order-for-Scientific-Testing.pdf

 

[missy1974]

My thoughts on the order .... the only thing that the State agreed to that was not covered in the Order On Preservation Of Blood Evidence And Independent Defense Testing is the hood latch swab and the key. I don't think the State would have been able to block the testing of the blood evidence that was covered in that previous order.

At first, I was thinking, oh great.... Wiegert and Culhane get to deal with the evidence and handing it over. But after thinking about it, it might be a good thing. Zellner and anyone present (Dr. Karl Reich) will have first hand knowledge of how she handles this evidence, her lab protocols, etc. I won't be surprised if it's all videotaped too.

I would have liked to have seen that new swabs would be taken directly from the RAV4, but it seems like it's just the swabs. The hood latch swab could be interesting, but I think the State could argue that any bodily fluid/dna could have been left on there... saliva, blood, skin cells.... and dare I say... sweat haha The key.... IMO, has been mishandled already, TH's sister was handling it in the trial with her bare hands, and that's only 1 clip of the trial that I saw, did others handle it too? Then there is the producer of the Reelz program that was photographed holding it, again, with bare hands. So I don't know how useful the 2 items that the State 'agreed to make an exception for' will be.

I'm disappointed that not more is going to be tested, but I still wonder if this is just what they agreed on for now so the testing could get started, and if Zellner can later argue to the courts if she wants to test other items. She seemed to be okay with it and happy about it, which also makes me wonder what else she knows already LOL She did say in her courthouse press conference back in August that she already had enough to exonerate him but wanted to find the real killer (paraphrased, I don't have time to go back and listen to it). Anyway.... the ball is rolling, which is great, hopefully it won't take too long

 

[dexter75]

My thoughts on the order .... the only thing that the State agreed to that was not covered in the Order On Preservation Of Blood Evidence And Independent Defense Testing is the hood latch swab and the key. I don't think the State would have been able to block the testing of the blood evidence that was covered in that previous order.

At first, I was thinking, oh great.... Wiegert and Culhane get to deal with the evidence and handing it over. But after thinking about it, it might be a good thing. Zellner and anyone present (Dr. Karl Reich) will have first hand knowledge of how she handles this evidence, her lab protocols, etc. I won't be surprised if it's all videotaped too.

I would have liked to have seen that new swabs would be taken directly from the RAV4, but it seems like it's just the swabs. The hood latch swab could be interesting, but I think the State could argue that any bodily fluid/dna could have been left on there... saliva, blood, skin cells.... and dare I say... sweat haha The key.... IMO, has been mishandled already, TH's sister was handling it in the trial with her bare hands, and that's only 1 clip of the trial that I saw, did others handle it too? Then there is the producer of the Reelz program that was photographed holding it, again, with bare hands. So I don't know how useful the 2 items that the State 'agreed to make an exception for' will be.

I'm disappointed that not more is going to be tested, but I still wonder if this is just what they agreed on for now so the testing could get started, and if Zellner can later argue to the courts if she wants to test other items. She seemed to be okay with it and happy about it, which also makes me wonder what else she knows already LOL She did say in her courthouse press conference back in August that she already had enough to exonerate him but wanted to find the real killer (paraphrased, I don't have time to go back and listen to it). Anyway.... the ball is rolling, which is great, hopefully it won't take too long

I too have always thought Zellner knows wayyyy more than she's letting on.
I've said before
The lady doesn't put her awesome reputation on the line, nor would she choose to represent a " guilty " client.
Nope
JMO

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[missy1974]

posted in the tweet thread too, but figure discussion should maybe stay here?

I am actually surprised that she is tweeting about it so soon, anyone else?

I can't help but wonder if someone is talking... and talking ... and talking!

I have read speculation that it was planted from a bloody rag, the swabs were taken from somewhere else (his vehicle or his house) and just labelled as from the RAV4, other blood that was taken from SA at some point. I still wonder if it was even his blood that the FBI tested since they did no preliminary DNA test to confirm. I am going to go do some reading, if I read any other interesting theories, I will post

Hope everyone had a great weekend! Nice to see some new posters here :wagon: to anyone joining us here at websleuths!

 

[missy1974]

BCA ~ I read your comment in the other thread about the State being notified at the same time, you are correct, if/when scientific results come in, they must be simultaneously notified.

After thinking about it, and reading comments elsewhere, I'm not sure what to think LOL it says "expert experiments", not scientific tests.

I was looking at the order again, and I had this thought awhile back and never posted it, but item A7 was flakes of blood found on floor by center console. How do flakes of blood get there? it was dried blood and it flaked off of something? what did it flake off of? either he was actively bleeding or it was dry blood and flaked off... I'm a bit confused about this, and I don't think we have any photo's of these flakes to look at. remember the dried blood on the top of the vial? would something like that "flake off"?

 

[IDK]

BCA ~ I read your comment in the other thread about the State being notified at the same time, you are correct, if/when scientific results come in, they must be simultaneously notified.

After thinking about it, and reading comments elsewhere, I'm not sure what to think LOL it says "expert experiments", not scientific tests.

I was looking at the order again, and I had this thought awhile back and never posted it, but item A7 was flakes of blood found on floor by center console. How do flakes of blood get there? it was dried blood and it flaked off of something? what did it flake off of? either he was actively bleeding or it was dry blood and flaked off... I'm a bit confused about this, and I don't think we have any photo's of these flakes to look at. remember the dried blood on the top of the vial? would something like that "flake off"?

Would a scab of any sort be classified as a flake of blood? Just a thought.

 

[missy1974]

Would a scab of any sort be classified as a flake of blood? Just a thought.

I thought of that, but then I thought it would have been described differently. I'm not sure, and I did some more searching last night, we don't have even a picture of it available. A scab would also possibly include skin or more than just blood, imo that would have been huge too. Whatever the flakes were, i believe it wasn't part of the FBI testing.

 

[missy1974]

something I forgot about.... Zellner said after she filed the motion that they had already done some testing on things they didn't need to get from Calumet County. Wonder what was tested?

https://www.youtube.com/watch?v=4nAk_FBaXMg&feature=youtu.be&t=1m57s


a few theories or ideas I have read.... testing the DNA would be fairly quick, so maybe it's not even his blood, or there is other DNA there, or maybe even trace evidence of something that indicates it was planted. The blood has a different additive, SA said they took 'lots' of blood from him, where did it all go?

Off to work I go..... have a great day websleuthers! It's cold here and winter has decided to show up Stay warm all!

 

[missy1974]

Filed today:

Receipt For Exhibits.

http://www.stevenaverycase.org/wp-content/uploads/2016/12/Receipt-for-Exhibits.pdf

Chain of Custody log:
http://www.stevenaverycase.org/wp-content/uploads/2016/12/Chain-of-Custody-Log.pdf

All released from Manitowoc, except the blood vial, which seems to be held by Calumet County.


So whatever the "expert experiments" were, was not the evidence she has been granted access too.

I really can't help but think that someone has come forward and has told her what happened and how it was done. Maybe knowing that the blood is going to be tested and she might find out anyway? Guilty conscience? Even if not the one responsible, maybe someone that saw something, was told something?

 

[dexter75]

Filed today:

Receipt For Exhibits.

http://www.stevenaverycase.org/wp-content/uploads/2016/12/Receipt-for-Exhibits.pdf

Chain of Custody log:
http://www.stevenaverycase.org/wp-content/uploads/2016/12/Chain-of-Custody-Log.pdf

All released from Manitowoc, except the blood vial, which seems to be held by Calumet County.


So whatever the "expert experiments" were, was not the evidence she has been granted access too.

I really can't help but think that someone has come forward and has told her what happened and how it was done. Maybe knowing that the blood is going to be tested and she might find out anyway? Guilty conscience? Even if not the one responsible, maybe someone that saw something, was told something?

I sure the heck hope so!! Wouldn't it be great?!!!