MaM a Year Later - Reconstruct the Crime

[Karinna]

*67 is 100% in the control of the person dialing it and making a call using it. *67/number blocking cannot be controlled by anyone else other than the person who dials it, thus the choice to use *67 is about control -- control over whether a name or phone number will be shown to the receiver of the call.

A several day or several week pattern of SA's calls is not necessary to ascertain what he did on the very day in question. The fact is he made about 16 calls that day and the only person he blocked his number to was TH the two times we know for a fact she was still alive. Clearly the number blocking feature was not set by default -- he had to dial *67 each time to block his number and he chose to do so.

Since the defense presented no evidence of their own or any explanation of why SA did this, nor did they present any evidence showing SA had a specific pattern of calling blocking, there's no reason to try and make up an excuse for SA's actions.

No evidence was presented to show TH made any other stop after the salvage yard. Assuming she must have done so in order to not make Avery the last stop and thus find someone else to blame (ABA/anyone but Avery) doesn't work. TH's phone's last known activity was around 2:45pm Oct 31. There is no evidence she was ever seen or heard from again by anyone in her life who knew her after her stop at the Avery Salvage Yard. Her phone was found destroyed, at least partially melted, in a burn barrel at the salvage yard. By the time SA made his 3rd and final call to TH, he chose not to dial *67. And, coincidentally, TH's phone could never connect to a tower again. A trained LE canine officer is who found the evidence--the scent which led human officers to that burn barrel and detected the scent of human remains.

The evidence is what it is, the calls are what they were, her charred body remains were found in SA's burn pit, buried under a layer of ash, intertwined with steel rims from tires used as accelerant. There is no evidence TH's remains were planted there.

Some theories will go as far as claiming TH was not killed, those weren't really her remains, there was no homicide, but if she was killed, then it was someone in LE who killed her and then burned her body and planted her remains. Not even SA's two highly regarded defense attorneys, who gave SA an aggressive defense, claimed that.

Then how do you account for the fact that Theresa Halbach's phone records show that she was still alive when she left Avery's salvage yard?
(quote)
According to Zellner, the last call Halbach's phone received pinged a cell tower located 12 miles from the Avery Salvage Yard. "It's absolutely shocking to see cellphone records that were part of the discovery that were turned over to the defense ... document her route leaving the property," Zellner told Newsweek. "It's really hard to figure out how in the world did the defense not seize on this. It would have created reasonable doubt."
http://www.stevenaverycase.org/wp-c...Trial-Exhibit-361-Halbach-Cingular-Report.pdf

 

[missy1974]

:wave: Hi Karinna! I was just thinking about you the other day, you have not posted in awhile Hope you had a nice Christmas!

So, no one has any thoughts on why Teresa would go to SA's door instead of Barb's, since that is the address she was given?

 

[Karinna]

Hi missy, Thankyou for thinking of me. Hope you & yours had a lovely Christmas too. We had a nice one thanks. I have been reading on here a bit on and off, following some of the other cases but not posting, so i'm still around . And good question you asked too about TH.

 

[IDK]

*67 is 100% in the control of the person dialing it and making a call using it. *67/number blocking cannot be controlled by anyone else other than the person who dials it, thus the choice to use *67 is about control -- control over whether a name or phone number will be shown to the receiver of the call.

A several day or several week pattern of SA's calls is not necessary to ascertain what he did on the very day in question. The fact is he made about 16 calls that day and the only person he blocked his number to was TH the two times we know for a fact she was still alive. Clearly the number blocking feature was not set by default -- he had to dial *67 each time to block his number and he chose to do so.

Since the defense presented no evidence of their own or any explanation of why SA did this, nor did they present any evidence showing SA had a specific pattern of calling blocking, there's no reason to try and make up an excuse for SA's actions.

No evidence was presented to show TH made any other stop after the salvage yard. Assuming she must have done so in order to not make Avery the last stop and thus find someone else to blame (ABA/anyone but Avery) doesn't work. TH's phone's last known activity was around 2:45pm Oct 31. There is no evidence she was ever seen or heard from again by anyone in her life who knew her after her stop at the Avery Salvage Yard. Her phone was found destroyed, at least partially melted, in a burn barrel at the salvage yard. By the time SA made his 3rd and final call to TH, he chose not to dial *67. And, coincidentally, TH's phone could never connect to a tower again. A trained LE canine officer is who found the evidence--the scent which led human officers to that burn barrel and detected the scent of human remains.

The evidence is what it is, the calls are what they were, her charred body remains were found in SA's burn pit, buried under a layer of ash, intertwined with steel rims from tires used as accelerant. There is no evidence TH's remains were planted there.

Some theories will go as far as claiming TH was not killed, those weren't really her remains, there was no homicide, but if she was killed, then it was someone in LE who killed her and then burned her body and planted her remains. Not even SA's two highly regarded defense attorneys, who gave SA an aggressive defense, claimed that.

Well, I think it is more a preference for personal privacy. The term "control tactic" is prejudicial and pejorative as well. As I said before, we will have to agree to disagree. Your opinion is no more valid than mine.

 

[Madeleine74]

Then how do you account for the fact that Theresa Halbach's phone records show that she was still alive when she left Avery's salvage yard?

The phone records prove no such thing, only that her phone was still on and transmitting. Doesn't tell you a thing about who had possession of her phone. We know without a doubt that phone stopped being able to ping any tower by 4:35pm and we know without a doubt TH's remains were found in a fire burn pit right near where she was last visually spotted.

According to Zellner, the last call Halbach's phone received pinged a cell tower located 12 miles from the Avery Salvage Yard. "It's absolutely shocking to see cellphone records that were part of the discovery that were turned over to the defense ... document her route leaving the property

"According to Zellner" i.e. Zellner's interpretation, is not evidence. A cell tower can transmit to an area of variable mileage, depending on the tower, the terrain and probably some other factors as well. Still doesn't tell you who is holding the phone, where they are standing, not with 2000's technology. Today there would be much better information as technology has evolved.

 

[IDK]

Then how do you account for the fact that Theresa Halbach's phone records show that she was still alive when she left Avery's salvage yard?
(quote)
According to Zellner, the last call Halbach's phone received pinged a cell tower located 12 miles from the Avery Salvage Yard. "It's absolutely shocking to see cellphone records that were part of the discovery that were turned over to the defense ... document her route leaving the property," Zellner told Newsweek. "It's really hard to figure out how in the world did the defense not seize on this. It would have created reasonable doubt."
http://www.stevenaverycase.org/wp-c...Trial-Exhibit-361-Halbach-Cingular-Report.pdf

Thanks for posting this, Karinna! Of course there are those who will insist on seeing proof of KZ's statement, and all I can say to them is "Time will tell." (sometimes the oldest cliches are the best, LOL)
I agree with Missy, it is very nice to hear from you!

 

[Karinna]

Thanks for posting this, Karinna! Of course there are those who will insist on seeing proof of KZ's statement, and all I can say to them is "Time will tell." (sometimes the oldest cliches are the best, LOL)
I agree with Missy, it is very nice to hear from you!

Thankyou IDK, and agree with what you say, that definitely time will tell as it does.

 

[Madeleine74]

Well, I think it is more a preference for personal privacy. The term "control tactic" is prejudicial and pejorative as well. As I said before, we will have to agree to disagree. Your opinion is no more valid than mine.

"Control" is neither a prejudicial nor pejorative term, except that you decided it was. Feel the same way about the term "Control Panel" in a personal computer? The function of *67 ultimately doesn't change, and the reason for using *67 (to block a number or ID from appearing on the calling line to a receiver) doesn't change either.

 

[Karinna]

The phone records prove no such thing, only that her phone was still on and transmitting. Doesn't tell you a thing about who had possession of her phone. We know without a doubt that phone stopped being able to ping any tower by 4:35pm and we know without a doubt TH's remains were found in a fire burn pit right near where she was last visually spotted.




"According to Zellner" i.e. Zellner's interpretation, is not evidence. A cell tower can transmit to an area of variable mileage, depending on the tower, the terrain and probably some other factors as well. Still doesn't tell you who is holding the phone, where they are standing, not with 2000's technology. Today there would be much better information as technology has evolved.

So who last "visually" spotted her? Anyone apart from an Avery or anyone who knew Avery actually? Was there an independent witness or witnesses? Just can't seem to recall any at the moment.

 

[Madeleine74]

Thanks for posting this, Karinna! Of course there are those who will insist on seeing proof of KZ's statement, and all I can say to them is "Time will tell." (sometimes the oldest cliches are the best, LOL)

KZ is not evidence. KZ's statements are not evidence. Not even KZ would claim they were. Evidence that proves SA's innocence to a supreme court judicial panel is required to get SA out of prison. Doesn't matter what anyone else thinks or believes on either side.

 

[Karinna]

"Control" is neither a prejudicial nor pejorative term, except that you decided it was. Feel the same way about the term "Control Panel" in a personal computer? The function of *67 ultimately doesn't change, and the reason for using *67 (to block a number or ID from appearing on the calling line to a receiver) doesn't change either.

Regardless of what you want to call that phone function, and really what does it matter lol, none of us can know exactly why Avery used it unless he himself said why. So unless he did that it is all speculation about the why of it. Did anyone actually ask him?

 

[IDK]

"Control" is neither a prejudicial nor pejorative term, except that you decided it was. Feel the same way about the term "Control Panel" in a personal computer? The function of *67 ultimately doesn't change, and the reason for using *67 (to block a number or ID from appearing on the calling line to a receiver) doesn't change either.

If you say so.

 

[IDK]

KZ is not evidence. KZ's statements are not evidence. Not even KZ would claim they were. Evidence that proves SA's innocence to a supreme court judicial panel is required to get SA out of prison. Doesn't matter what anyone else thinks or believes on either side.

Hello? That's why I said we need to wait and see what the evidence shows. The evidence that KZ is collecting and analyzing on her own. That is what "time will tell" means.


So Missy, what were you asking? I think you were questioning why TH went to SA's door, if she thought her appointment was with someone else? Is that correct?

 

[missy1974]

Regardless of what you want to call that phone function, and really what does it matter lol, none of us can know exactly why Avery used it unless he himself said why. So unless he did that it is all speculation about the why of it. Did anyone actually ask him?

I'm sure his lawyers asked him ;-)

This is from the opening statements, it's not evidence, but it gives some insight IMO

But he is on his own cell phone and he may not want, not being entirely sure whose number he is calling, he may not want to be giving out his cell phone number.


http://www.stevenaverycase.org/wp-c...Trial-Transcript-Day-1-2007Feb12.pdf#page=123

 

[IDK]

I'm sure his lawyers asked him ;-)

This is from the opening statements, it's not evidence, but it gives some insight IMO

But he is on his own cell phone and he may not want, not being entirely sure whose number he is calling, he may not want to be giving out his cell phone number.


http://www.stevenaverycase.org/wp-c...Trial-Transcript-Day-1-2007Feb12.pdf#page=123

Entirely plausible, IMO.

 

[ILoveDateline]

RSBM. Thanks for posting the call log.

My thoughts on SA calling her number at 2:25 and again at 2:35 is that she was late and calling someone repeatedly within a short amount of time is annoying, and even that fact that she was only 30 minutes behind what she said she would be, so he used *67 to disguise his number. Do we know if the first 7 second call was answered or did he get her machine and hang up? I think it's possible that the second call lasted 0 second because she drove up as he dialed it so he hung up. That seems reasonable to me if you're waiting for someone. You call, don't get them so try again in a couple of minutes and, low and behold, they drive up your road. This is consistent with the ETA she gave Auto Trader when they called her at 2:27 pm and BoD saying he saw her there between 2:30-2:45. Yet, not consistent with the bus driver who should have an accurate account of timing. I believe SA's explanation that the 4:45 call was to take pictures of another item.

My theory is.... he had the number at some point, and we know this because he did call her for a hustle shot earlier that month. Maybe he saw the number (written on a piece of paper with no name/business written on it, which is in evidence), wasn't sure it was the Auto Trader girls number and used *67 in case he was calling some random person (not wanting that person to have his number). The later call @ 4:35.... maybe he knew it was her number then because of her voicemail earlier (if he listened to any part of it?) and wasn't concerned about blocking his number anymore when he called her to see if she could come take pictures of the loader that his mom mentioned. Her machine would have picked up immediately because her phone was off at that point, from his records, he must have hung up right away because it shows duration of 0 seconds. Here is what KK entered as evidence, and it's only a few calls to/from his cell phone that day.

:wave: Hi Karinna! I was just thinking about you the other day, you have not posted in awhile Hope you had a nice Christmas!

So, no one has any thoughts on why Teresa would go to SA's door instead of Barb's, since that is the address she was given?

I don't think TH went to anyone's door. I believe SA when he said he met her outside. This is likely if my above theory is right and consistent with what he said in his statement (except for the timing of it).

I believe this story because my dad and my husband behave this way. If they are expecting me (late or not) they will call to tell me they're puttering about in the garage, or down the yard so I don't go looking all over the house/yard for them. They are impatient and will not sit tight in the house even when they know I'm on my way. My husband fixes and sells equipment and when a buyer is coming, he goes outside to wait for them. This is typical man behaviour to me.

 

[proudfootz]

Does anyone know if there is a reason the actual phone records are not in evidence, instead of these summaries?

 

[missy1974]

Does anyone know if there is a reason the actual phone records are not in evidence, instead of these summaries?

They are.

Steven's cell phone records from that day: http://www.stevenaverycase.org/wp-c...rial-Exhibit-359-Avery-Call-Log-2005Oct31.pdf

Teresa's cell records from that day: http://www.stevenaverycase.org/wp-c...Trial-Exhibit-361-Halbach-Cingular-Report.pdf

Teresa's VM records: http://www.stevenaverycase.org/wp-c...ial-Exhibit-372-Halbach-Voicemail-Records.pdf

And we do have a separate thread for the phone records. It's long LOL In the beginning, we didn't have a lot of information.
http://www.websleuths.com/forums/showthread.php?298353-Phone-Calls-and-Phone-Records

It should be noted that the summary was entered with the stipulation that the defense disputed the length of time on the last call. Never really did figure out why KK put 0 seconds, because it was 12 seconds or something like that. IMO he got the answering machine but hung up before leaving a message.

ETA: we do not have SA's landline record.

 

[BigCityAccountant]

So who last "visually" spotted her? Anyone apart from an Avery or anyone who knew Avery actually? Was there an independent witness or witnesses? Just can't seem to recall any at the moment.

.
Well, actually there was one lady who called in and said she saw TH taking pictures of cows near Valders. Ironically, Valders is not that far from the Whitelaw tower.

Missy~~do you recall reading at what time of day she was spotted??

 

[missy1974]

Hello? That's why I said we need to wait and see what the evidence shows. The evidence that KZ is collecting and analyzing on her own. That is what "time will tell" means.


So Missy, what were you asking? I think you were questioning why TH went to SA's door, if she thought her appointment was with someone else? Is that correct?

Sorry, didn't see this earlier.

Yeah, I'm sure it's been mentioned before, but it's been a long year lol In a statement, Bobby said he saw her walking to SA's trailer. Why would she be walking to SA's trailer when the address and name she was given was B.Janda? She had been to SA's before, and also to the Janda's a month before.

To be even more clear. The address that TH was given was 12930A Avery Rd, which was Barb's house. SA's address, the red trailer, was 12932 Avery Rd.