Post Conviction Brief

[BigCityAccountant]

My last post for the night...I will finish reading in the morning...

In Mr. Gershman's opinion, Mr. Kratz brought these new charges against Mr. A ery in bad faith. He knew he
would not be able to present these facts against Mr. Avery to a jury, as demonstrated by his decision to drop the sexual assault and kidnapping charges on February 2, 2007. He disclosed these facts publicly knowing that they would be heard by prospective jurors and used to prejudice Mr. Avery.

 

[Safeguard]

As craftily worded as that brief was, (and boy was it! That was a pleasure to read!), I was expecting more. It fell a little flat for me, I must say. I was really hoping to see the results of the carbon testing proving the planted blood was older than it should have been.

I am having a hard time with this, RH snuck into SA's trailer and got blood off the sink, thing... It just doesn't feel like it went down that way to me...

Also KZ seems to be suggesting that RH killed TH at her apartment? How did her neighbors miss THAT, I wonder... Not one person saw or heard anything? Then what? He decides to to MCSO a favor and frame SA? How did he come to be working with MCSO who discovered TH had been killed? Or did HG confess... I'm confused...

I don't understand why it's a big deal that SB blurted out RH's name when a possible other suspect was mentioned either, who here, has not *blurted* that out? Maybe KZ was just padding the brief, but I do not find that to be exactly earth shattering...

I really would have liked to see KZ show better proof that the blood was planted, where and how TH was killed, and by whom.

She does have some good stuff in there, but a lot less than the build-up led me to believe. I think it's likely SA's going to get a new trial, and that will take forever.

 

[missy1974]

As craftily worded as that brief was, (and boy was it! That was a pleasure to read!), I was expecting more. It fell a little flat for me, I must say. I was really hoping to see the results of the carbon testing proving the planted blood was older than it should have been.

I am having a hard time with this, RH snuck into SA's trailer and got blood off the sink, thing... It just doesn't feel like it went down that way to me...

Also KZ seems to be suggesting that RH killed TH at her apartment? How did her neighbors miss THAT, I wonder... Not one person saw or heard anything? Then what? He decides to to MCSO a favor and frame SA? How did he come to be working with MCSO who discovered TH had been killed? Or did HG confess... I'm confused...

I don't understand why it's a big deal that SB blurted out RH's name when a possible other suspect was mentioned either, who here, has not *blurted* that out? Maybe KZ was just padding the brief, but I do not find that to be exactly earth shattering...

I really would have liked to see KZ show better proof that the blood was planted, where and how TH was killed, and by whom.

She does have some good stuff in there, but a lot less than the build-up led me to believe. I think it's likely SA's going to get a new trial, and that will take forever.

I think I want to see the exhibits before I decide anything LOL For me, the brief needs those exhibits, and since this is only 220 pages, that means there is 1000 pages of exhibits attached, and maybe relevant case law?

The thought has also crossed my mind that she may have left some stuff out... the State will need to reply, probably within 30 days, and then she will get to reply to that. So I want to know how/why they think the bathroom blood was the blood planted, did they test it? did something else show up in the blood? Here is another thing that crossed my mind too... so she states that there wasn't enough in the samples to test ... but did anyone at least test it to see if it's SA's??? LOL

As for how he could kill her and no neighbours heard... she lived in a home, not an apartment. It was down the road from her parents. She didn't have "neighbour's" that lived right next door. I know her parents place was close... but couldn't have been too close since they didn't even notice she was gone for 3 days. IMO

I have always thought that she made it home that day. I have always thought that whoever killed her would have known either from her or from her paperwork that she was at Avery's that day. I always have thought that this gave the "real killer" the opportunity to frame him along with LE helping the evidence point to Avery, believing that they were just helping secure their case (like misplacing a CD that had the Zipperer's voicemail on it that shows she went there after Avery's... the key ... that damn key was planted LOL)

 

[Jaiddie]

http://www.wbay.com/content/news/Ma...00-page-post-conviction-notice-427053043.html

'"Making a Murderer": Avery's Attorney Files 1272-Page-Post Conviction Notice'

I see it didn't take long for KK to put his :twocents::twocents: in on KZ's filing. KK's statement given from the above WBAY article:

"I need to read the entire filing before I respond to specific allegations. "However, Ms. Zellner must know that Brendan Dassey was convicted by a 12-person jury, based in part on his March 1, 2006 interview with law enforcement. For Ms. Zellner to allege that the prosecutor 'knew the confession was fabricated' is incredibly irresponsible, and frivolous. I understand she has launched 1200 pages of allegations to see if anything sticks--Ms. Zellner, in early 2016, promised test results that would 'prove' her client was wrongfully convicted---I suspect that, with science apparently now confirming Mr. Avery's guilt, she has chosen to make whatever incendiary allegations she can to make headlines, with little regard for the Halbach family or the truth."

 

[htiff]

I think I want to see the exhibits before I decide anything LOL For me, the brief needs those exhibits, and since this is only 220 pages, that means there is 1000 pages of exhibits attached, and maybe relevant case law?

The thought has also crossed my mind that she may have left some stuff out... the State will need to reply, probably within 30 days, and then she will get to reply to that. So I want to know how/why they think the bathroom blood was the blood planted, did they test it? did something else show up in the blood? Here is another thing that crossed my mind too... so she states that there wasn't enough in the samples to test ... but did anyone at least test it to see if it's SA's??? LOL

As for how he could kill her and no neighbours heard... she lived in a home, not an apartment. It was down the road from her parents. She didn't have "neighbour's" that lived right next door. I know her parents place was close... but couldn't have been too close since they didn't even notice she was gone for 3 days. IMO

I have always thought that she made it home that day. I have always thought that whoever killed her would have known either from her or from her paperwork that she was at Avery's that day. I always have thought that this gave the "real killer" the opportunity to frame him along with LE helping the evidence point to Avery, believing that they were just helping secure their case (like misplacing a CD that had the Zipperer's voicemail on it that shows she went there after Avery's... the key ... that damn key was planted LOL)

Thank you for all that information on TH's living situation. Excellent research.

This brief is in some ways similar to the Ryan Ferguson brief. Zellner lays out more of a case for a re-trial, then actually attempting to truly solve the murder. In the Ferguson brief as well, she points to a POI who should have been investigated, who was not.

 

[htiff]

As craftily worded as that brief was, (and boy was it! That was a pleasure to read!), I was expecting more. It fell a little flat for me, I must say. I was really hoping to see the results of the carbon testing proving the planted blood was older than it should have been.

I am having a hard time with this, RH snuck into SA's trailer and got blood off the sink, thing... It just doesn't feel like it went down that way to me...

Also KZ seems to be suggesting that RH killed TH at her apartment? How did her neighbors miss THAT, I wonder... Not one person saw or heard anything? Then what? He decides to to MCSO a favor and frame SA? How did he come to be working with MCSO who discovered TH had been killed? Or did HG confess... I'm confused...

I don't understand why it's a big deal that SB blurted out RH's name when a possible other suspect was mentioned either, who here, has not *blurted* that out? Maybe KZ was just padding the brief, but I do not find that to be exactly earth shattering...

I really would have liked to see KZ show better proof that the blood was planted, where and how TH was killed, and by whom.

She does have some good stuff in there, but a lot less than the build-up led me to believe. I think it's likely SA's going to get a new trial, and that will take forever.

Just remember, this isn't so much about solving the crime as it is about getting a new trial. So she's hitting the legal points that will get her this, like ineffective counsel, deliberate malfeasance by the DA, and a POI who was never investigated who should have been.

 

[BigCityAccountant]

Mr. Kratz lacked any proof against Mr. A very of sexual assault and torture charges. Mr. Kratz therefore sought to bolster his case against Mr. Avery by introducing allegations ostensibly to show that Mr. A very had a violent and sexually assaultive disposition: threats by Mr. Avery against his ex-wife many years earlier; physical violence by Mr. Avery against his girlfriend; Mr. Avery's conviction for torturing and killing a cat twenty-five years earlier; recklessly endangering the safety of an acquaintance over twenty years earlier; his prior conviction for possessing a firearm; alleged sexual misconduct and abuse with several persons; and a phone conversation with a woman containing sexual innuendo.

I think we have all been saying this all along.

Had to laugh :laughcry:....that darn cat!!!

 

[Safeguard]

rsbbm

As for how he could kill her and no neighbours heard... she lived in a home, not an apartment. It was down the road from her parents. She didn't have "neighbour's" that lived right next door. I know her parents place was close... but couldn't have been too close since they didn't even notice she was gone for 3 days. IMO

I have always thought that she made it home that day. I have always thought that whoever killed her would have known either from her or from her paperwork that she was at Avery's that day. I always have thought that this gave the "real killer" the opportunity to frame him along with LE helping the evidence point to Avery, believing that they were just helping secure their case (like misplacing a CD that had the Zipperer's voicemail on it that shows she went there after Avery's... the key ... that damn key was planted LOL)

That's right, she lived in a farmhouse, I remember that now... I just can't see RH, ( who has always seemed like a bit of a wimp to me), driving around with a body, and breaking into SA's trailer and hitting the blood jackpot, has the genius idea of putting it in the rav, ( without knowing for sure,who's blood it even is?), somehow he collects enough, and... Its a reach to me. Very hard to buy. The key might go over a little better, but what does it matter if the key had a ton of DNA they could just argue that SA salivated all over it, or something, He was a creepy guy right... so who knows what nefarious things he might have done, with the key...
The argument that it fell out of the book case and then somehow migrated to land under SA's shoe is better lol!

The, (unconstitutionally obtained), groin swabs, used on the hood latch is the best piece of evidence so far imo. Definite proof of planting there.

Just remember, this isn't so much about solving the crime as it is about getting a new trial. So she's hitting the legal points that will get her this, like ineffective counsel, deliberate malfeasance by the DA, and a POI who was never investigated who should have been.

She seemed confident all this time that she would get him a complete exoneration. Not a "new trial". I feel like she was not able to deliver all that she had people believing she would.

I was hoping for something huge and definitive. But there is a lot that the state can argue here. Not to mention, nothing solid to tie RH to the crime...

http://www.wbay.com/content/news/Ma...00-page-post-conviction-notice-427053043.html

'"Making a Murderer": Avery's Attorney Files 1272-Page-Post Conviction Notice'

I see it didn't take long for KK to put his :twocents::twocents: in on KZ's filing. KK's statement given from the above WBAY article:

"I need to read the entire filing before I respond to specific allegations. "However, Ms. Zellner must know that Brendan Dassey was convicted by a 12-person jury, based in part on his March 1, 2006 interview with law enforcement. For Ms. Zellner to allege that the prosecutor 'knew the confession was fabricated' is incredibly irresponsible, and frivolous. I understand she has launched 1200 pages of allegations to see if anything sticks--Ms. Zellner, in early 2016, promised test results that would 'prove' her client was wrongfully convicted---I suspect that, with science apparently now confirming Mr. Avery's guilt, she has chosen to make whatever incendiary allegations she can to make headlines, with little regard for the Halbach family or the truth."

Krunts need to just stop. Now. He is a useless, confirmed habitual liar. Go away you sweaty necrophiliac, no one cares what your "biased unprofessional" opinion might be!
imo

 

[missy1974]

Safeguard... it's like KZ is talking to you... her latest tweet...

Kathleen Zellner‏ @ZellnerLaw 32m32 minutes ago
More
Misread:SA need not prove RH is killer- but RH is suspect cops never eliminated -SA's jury did not hear evidence on RH. #MakingAMurderer


So again... I've had some time to think this morning lol KZ is arguing Ryan and all the circumstances surrounding him fits within the Denny rule and the defense should have argued that originally and in appeals, but didn't. IMO part of the reason there was a gentlemen's agreement between State/Defense prevented it, because I believe the agreement was to not bring up TH's personal life, but unfortunately, TH's personal life may have and could have played a part in all of this, and especially when looking at RH.

The way that RH injected himself into the search is suspect. The way he was always there at her place when LE showed up and gave them her personal belongings, including her panties. The way he moved in right away when she went missing... who does that??? unless that person knows she isn't coming back? Who gives LE a different last name, not once, but twice. At first I thought, okay, well maybe LE wrote it down wrong... but twice? and the map with his name was his writing I believe, not LE's. She has been able to line up a theory using what she knows, and some (most) of this stuff isn't new to us, she's just put it into a complete theory, using his phone records, LE's records, etc. to back it up. SA and CA have always talked about seeing the lights on different nights... she used RH's phone records and lined up the times and it makes him look suspect, and should have been presented at his first trial. Oh and... it actually struck me as odd in the brief that he gave LE addresses where she donated blood and plasma and addresses of her doctors, including a cardiologist, and OB/GYN, and a dermatologist, and even provided a phone number for her pharmacy. Why was he giving this info to them??? Where was her family? And on top of this... KZ now has an affidavit from Tom Pearce that says that RH was emotionally and physically abusive in their relationship?? was he the one that kept bugging her? I can't wait to read the exhibits.

And Safeguard, I get what you mean about RH looking like a wimp LOL BUTTTT... he has just finished nursing school, and without knowing him personally but spending the last 3-4 months around nurses with my Dad, most nurses are not wimps, and some of the stuff they see/do is not only gross but amazing!

 

[missy1974]

So page 75 was missing yesterday from the brief, I see that KZ's people have added it today LOL

Jaiddie... you will appreciate this, it's about the bones and burn pit/barrels!

Dr. DeHaan has expressed, to a reasonable degree of scientific certainty based upon his
expertise in the area of fire and fire debris examination) the following opinions:
a. "The documentation, examination, and recovery of the remains at the A very scene
were all below acceptable professional standards of practice. A properly
conducted recovery would have involved more comprehensive photography of the
burned bones in the ''burn pit" and better documentation as to from where and
when all bones were recovered. It is my opinion that someone better qualified to
recover potential human remains should have been summoned to perform this
excavation. There were incomplete and confusing descriptions of where various
possible "burn barrels" were located and incomplete numbering and chain of
custody."8 (Affidavit of Dr. DeHaan, P-C Group Exhibit 37, ,r 16).



and it continues... on the pages afterwards. Everything that we have discussed over the months! According to the brief, Dr. DeHaan's info was found in an old trial folder, but the defense never called him to testify.

An interesting footnote on page 75 as well:

8 Bone fragments could not have actually been located in burn barrel no. two because this barrel had
already been sifted by WSCL personnel on November 7, and no human bone fragments were discovered
in this barrel or any of the barrels examined at that time. (STATE 1_1841-43). During their examination
of barrel no. two on November 7, 2005, WSCL personnel used the same sifting apparatus that they later
used to sift the burn pit behind Mr. Avery's garage. (TT:2/ 19: 108). Suspiciously, the pieces of burned
bone that were eventually found in barrel no. two were noticeably larger than the bone fragments from the
burn pit. (TT:3/7:37-38). rf bone fragments had been in burn barrel no. two when it was examined by
Mr. Ertl and his team from the WSCL on November 7, 2005, the bone fragments would have been
isolated by their sifting apparatus.

 

[CoolJ]

I am not convinced RH murdered TH. Truthfully, I am still in no way convinced her remains have been recovered or dare i say convinced that she is even dead.
What this motion has convinced me of with 100% certainty is that RH is liar. At the very least he was a part of the frame job. But why? Was he helping LE plant evidence or was LE helping him? If he did kill her, why did he get a "get out of jail free card"?

We now know that at least Fassbender, Wiegert, Colbourn and Lenk are guilty of planting evidence. The fact that F&W are guilty of this tells me that this conspiracy goes way beyond MTSO . We know KK and TF are chums. We know that PL appointed KK special prosecutor. When you connect the dots it is clear that this is a massive cover up, probably starting in 1985.

Do they really want another trial? Do they really want the whole truth to come to light? Do these guilty parties, including KK really want to be questioned by KZ? Or will it be a safer, quieter course of action to fully exonerate SA and BD, and keep their dark secrets locked away forever?

 

[htiff]

So page 75 was missing yesterday from the brief, I see that KZ's people have added it today LOL

Jaiddie... you will appreciate this, it's about the bones and burn pit/barrels!

Dr. DeHaan has expressed, to a reasonable degree of scientific certainty based upon his
expertise in the area of fire and fire debris examination) the following opinions:
a. "The documentation, examination, and recovery of the remains at the A very scene
were all below acceptable professional standards of practice. A properly
conducted recovery would have involved more comprehensive photography of the
burned bones in the ''burn pit" and better documentation as to from where and
when all bones were recovered. It is my opinion that someone better qualified to
recover potential human remains should have been summoned to perform this
excavation. There were incomplete and confusing descriptions of where various
possible "burn barrels" were located and incomplete numbering and chain of
custody."8 (Affidavit of Dr. DeHaan, P-C Group Exhibit 37, ,r 16).



and it continues... on the pages afterwards. Everything that we have discussed over the months! According to the brief, Dr. DeHaan's info was found in an old trial folder, but the defense never called him to testify.

An interesting footnote on page 75 as well:

8 Bone fragments could not have actually been located in burn barrel no. two because this barrel had
already been sifted by WSCL personnel on November 7, and no human bone fragments were discovered
in this barrel or any of the barrels examined at that time. (STATE 1_1841-43). During their examination
of barrel no. two on November 7, 2005, WSCL personnel used the same sifting apparatus that they later
used to sift the burn pit behind Mr. Avery's garage. (TT:2/ 19: 108). Suspiciously, the pieces of burned
bone that were eventually found in barrel no. two were noticeably larger than the bone fragments from the
burn pit. (TT:3/7:37-38). rf bone fragments had been in burn barrel no. two when it was examined by
Mr. Ertl and his team from the WSCL on November 7, 2005, the bone fragments would have been
isolated by their sifting apparatus.

Thank you so much for the head's up!!! Fascinating. I found the scientific evidence to be convincing. I can't wait to read the brief in response.

 

[Safeguard]

I am not convinced RH murdered TH. Truthfully, I am still in no way convinced her remains have been recovered or dare i say convinced that she is even dead.
What this motion has convinced me of with 100% certainty is that RH is liar. At the very least he was a part of the frame job. But why? Was he helping LE plant evidence or was LE helping him? If he did kill her, why did he get a "get out of jail free card"?

We now know that at least Fassbender, Wiegert, Colbourn and Lenk are guilty of planting evidence. The fact that F&W are guilty of this tells me that this conspiracy goes way beyond MTSO . We know KK and TF are chums. We know that PL appointed KK special prosecutor. When you connect the dots it is clear that this is a massive cover up, probably starting in 1985.

Do they really want another trial? Do they really want the whole truth to come to light? Do these guilty parties, including KK really want to be questioned by KZ? Or will it be a safer, quieter course of action to fully exonerate SA and BD, and keep their dark secrets locked away forever?

RH was working too closely with officials...(and MH I might add.), for there not to be more to this than we are getting. I would love to have a "crime scene" but we don't. I still think TH is dead, (for a reason we don't understand.), but she was not murdered at at her home. imo.

Cadaver dogs hit on the shallow grave ect... so yes. I believe she is dead, but I have no idea HOW she died. ( But someone does, a lot of "someones" imo. I think SA was under "unofficial surveillance" this whole time period, and everyone involved knows he didn't kill TH.

That interview RH and MH gave to the press was one of the shadiest things I've ever seen....They both looked like cats that just ate the canary... Rh's scratched up hands, never questioned at all, no alibi given or asked for, from the victims ex...

Something huge is seriously being covered up...

 

[LaneGirl]

I have to admit I was pretty underwhelmed by the brief itself. I wanted a smoking gun and because I didn't get it I'm being a baby. Hopefully the next 1000 pages will make me feel better.

I do feel however there is enough there to possibly grant SA a new trial, but in no way to I feel its enough to fully exonerate him which is what I was expecting I guess.

Parts I had problems with - RH going into the trailer to get sink blood, not sure even why that was in there it just seems like a stretch to me.
And the brain fingerprinting I think is just hokey. Everything I'm reading about it just seems like there isn't enough peer reviewed studies to prove it, at least not yet.
The bullet was proved to be shot in SA garage which I find that somewhat troubling even though there was a reason given.
Toothbrush missing is just SA word no real evidence.

Those are just a few that stand out right now after reading it last night.

 

[htiff]

I have to admit I was pretty underwhelmed by the brief itself. I wanted a smoking gun and because I didn't get it I'm being a baby. Hopefully the next 1000 pages will make me feel better.

I do feel however there is enough there to possibly grant SA a new trial, but in no way to I feel its enough to fully exonerate him which is what I was expecting I guess.

Parts I had problems with - RH going into the trailer to get sink blood, not sure even why that was in there it just seems like a stretch to me.
And the brain fingerprinting I think is just hokey. Everything I'm reading about it just seems like there isn't enough peer reviewed studies to prove it, at least not yet.
The bullet was proved to be shot in SA garage which I find that somewhat troubling even though there was a reason given.
Toothbrush missing is just SA word no real evidence.

Those are just a few that stand out right now after reading it last night.

I think if you are trying to solve this murder, the brief might not hit the spot, but it hits all the points it needs to to get a new trial. (The Ryan Ferguson brief, also contained no smoking gun, and it succeeded.)

I'm sure everyone on this page knows this next, but as a refresher:

You can seek a new trial based on newly discovered evidence. The court is very strict on what evidence types support a motion for a new trial. The four criteria that must be met to base a new trial on newly discovered evidence are:

• The evidence is newly discovered and not known to you during trial
• The evidence must be material and not merely cumulative
• Your failure to learn of the evidence wasn't for lack of diligence
• The evidence will probably mean a different result at a new trial

[h=2]In the Interest of Justice[/h]The court may overturn any conviction and grant a new trial if the interest of justice so requires. This means that it would be an injustice if the court didn't grant a new trial. The court has broad discretion to decide when a new trial is required. Various reasons have been held by courts to support a new trial under the interest of justice standard. Some examples include:

• Jury bias
• Jury misconduct
• Improper jury instructions
• Insufficient evidence to support a conviction
• Misconduct on the part of the prosecutor
• The judge didn't excuse himself from the case even though there was a conflict of interest

http://criminal.lawyers.com/criminal-law-basics/reasons-for-a-new-criminal-trial.html

Of the above listed ways to get a new trial Zellner hit hard on new evidence and prosecutorial misconduct and inefficient counsel. The mention of the ex-boyfriend is simply to point out failings in the police investigation, I imagine.

This is almost the identical structure used in Ferguson's Habeas Corpus appeal.

I actually found this brief to be very compelling. If the bullet didn't go through Halbach's body, then the blood on it was planted. The new cell phone data is very compelling, as is the fact that there was evidence kept from the defense, a Brady violation, which on it's own merit can often make way for a new trial. And you have the fact that the jury was never told about other viable suspects, like the ex.

I think Zellner might just win this.

But no, we aren't going to be able to solve the who-dun-it, perhaps, with this brief. But we know more now than we did...

 

[CoolJ]

I have to admit I was pretty underwhelmed by the brief itself. I wanted a smoking gun and because I didn't get it I'm being a baby. Hopefully the next 1000 pages will make me feel better.

I do feel however there is enough there to possibly grant SA a new trial, but in no way to I feel its enough to fully exonerate him which is what I was expecting I guess.

Parts I had problems with - RH going into the trailer to get sink blood, not sure even why that was in there it just seems like a stretch to me.
And the brain fingerprinting I think is just hokey. Everything I'm reading about it just seems like there isn't enough peer reviewed studies to prove it, at least not yet.
The bullet was proved to be shot in SA garage which I find that somewhat troubling even though there was a reason given.
Toothbrush missing is just SA word no real evidence.

Those are just a few that stand out right now after reading it last night.

There was only really 3 possibilities for a smoking gun.
1. prove that the blood was old or had edta
2. a confession
3. prove that TH is alive

Saying that, the hood latch is pretty damn close. People get convicted on evidence like that all the time. The key is also pretty close.
SA will get a new trial if the state has the kahunas to go through with it. I don't think they will. They will fight his as hard as they can. But they will not go to trial. Think about all the people that will be deposed. PoG, SC, RH, MH, AC, JL, TF, MW, DR, JR, SD, BC........ it goes on and on. They do not want these people to be questioned under oath again. Not a chance in hell.

 

[missy1974]

I'm still waiting to see the exhibits!!! That's what KZ framed her story around, so I want to read everything for myself, not her take on it LOL Although, I think she has made a compelling argument for an alternative suspect that the defense should have been able to do 10 years ago!

Just a few thoughts on the posts above...
RH going into the trailer for the blood... I could see that RH going into the trailer for a source of DNA and finding that there was blood there and somehow got it cleaned up to put in the RAV4.(how would he get it? toilet paper and wring it out? lol ) I have had questions about the "flakes" or "crusts" of blood, it has always bothered me... how do crusts or flakes get on the carpet in the RAV4?? if SA was actively bleeding, the carpet would have absorbed it. I have to wonder if they picked something up in the blood that could help confirm this? or if they think they can? Like bathroom cleaner... fibers of some sort, from an applicator (qtip) or maybe even toilet paper/kleenex.

brain fingerprinting... I haven't even had time to read about it and research it. I wouldn't put money on any court saying 'ohhhhhhh well in that case, you can go home Steve' LOL

the bullet... what I find interesting about the bullet is that they found wood particles and a red substance. In the garage, they found wood with bullet holes, and the ceiling is red. I want to know when that ceiling was painted red. If that bullet had red paint on it and it came from the ceiling, maybe when it was being painted, that would tell me that the bullet has been there since at least the day the ceiling was painted, and I have read no evidence that SA was painting AFTER October 31st.

The toothbrush... yes it's just SA's word, but... who else would know that other than SA? How long has SA been saying his toothbrush was missing? When did he notice? Jodi was in jail and he lived alone since she was in jail. I'm not even sure my husband would realize my toothbrush was missing LOL

I *think* but am not sure, but if she is granted a new trial, it will allow her to have full access to ALL the evidence, not just what the State agreed to let them see. And I can see a new trial being granted, especially if there is some proof (someone talking) that the voicemail she left at Zipperer's said she will go to her next appointment and will come back after and now no one can seem to find that CD, that's convenient. Reminds me of the call "change of plans, there is something the boss wants us to do"!

Oh anddddddd how does KK get away with not giving the defense the unedited version of the flyover??? no way! we all saw it, we all know that they cut it right before, there is only one reason to do that and that would be because the RAV4 wasn't there. JMO

 

[missy1974]

The who-dun-it story that KZ presented... it's actually quite surprising at how well she was able to get things to fit, including RH's calls or lack of calls/activity vs the times that lights were seen by SA/CA. SA/CA have been saying that from day 1 too, it's not like it's new info. KZ implies that SA told his attorney's about the blood in the bathroom being cleaned up. He said early on something about smelling cigarette smoke in his trailer too. I would LOVE to see KZ question Ryan ;-)

 

[htiff]

I'm still waiting to see the exhibits!!! That's what KZ framed her story around, so I want to read everything for myself, not her take on it LOL Although, I think she has made a compelling argument for an alternative suspect that the defense should have been able to do 10 years ago!

Just a few thoughts on the posts above...
RH going into the trailer for the blood... I could see that RH going into the trailer for a source of DNA and finding that there was blood there and somehow got it cleaned up to put in the RAV4.(how would he get it? toilet paper and wring it out? lol ) I have had questions about the "flakes" or "crusts" of blood, it has always bothered me... how do crusts or flakes get on the carpet in the RAV4?? if SA was actively bleeding, the carpet would have absorbed it. I have to wonder if they picked something up in the blood that could help confirm this? or if they think they can? Like bathroom cleaner... fibers of some sort, from an applicator (qtip) or maybe even toilet paper/kleenex.

brain fingerprinting... I haven't even had time to read about it and research it. I wouldn't put money on any court saying 'ohhhhhhh well in that case, you can go home Steve' LOL

the bullet... what I find interesting about the bullet is that they found wood particles and a red substance. In the garage, they found wood with bullet holes, and the ceiling is red. I want to know when that ceiling was painted red. If that bullet had red paint on it and it came from the ceiling, maybe when it was being painted, that would tell me that the bullet has been there since at least the day the ceiling was painted, and I have read no evidence that SA was painting AFTER October 31st.

The toothbrush... yes it's just SA's word, but... who else would know that other than SA? How long has SA been saying his toothbrush was missing? When did he notice? Jodi was in jail and he lived alone since she was in jail. I'm not even sure my husband would realize my toothbrush was missing LOL

I *think* but am not sure, but if she is granted a new trial, it will allow her to have full access to ALL the evidence, not just what the State agreed to let them see. And I can see a new trial being granted, especially if there is some proof (someone talking) that the voicemail she left at Zipperer's said she will go to her next appointment and will come back after and now no one can seem to find that CD, that's convenient. Reminds me of the call "change of plans, there is something the boss wants us to do"!

Oh anddddddd how does KK get away with not giving the defense the unedited version of the flyover??? no way! we all saw it, we all know that they cut it right before, there is only one reason to do that and that would be because the RAV4 wasn't there. JMO

The appellate attorney, I think, does get access to all the evidence. Even evidence not presented at trial. I could be wrong, but how would they be effective, if they couldn't see all aspects of the investigation?

That's an interesting point about the bullet and the paint. That bullet evidence, for me, is almost a smoking gun. If someone planted Theresa's blood or I guess DNA on the bullet--where did they get that from? She wasn't officially found until after her body had been burned. So this could be pretty big.

What I keep hoping for is for some connection, no matter how distant, between someone in the Manitwoc Sherriff's office, and HR.

 

[CoolJ]

Anyone think that this wait for the other 1000 pages is by design?