Post Conviction Brief

[missy1974]

I have to agree Gracie and Welcome if I haven't officially welcomed you to our group.

:welcome4:

They had access to TH's doctors and her pap smear. I would imagine if they can trace the DNA back to that pap smear, then game over. I recall KZ saying that it would show what type of DNA they had found when discussing SA's blood in the Rav4, so I'm guessing they have worked or are working on determining the source of DNA on the bullet.

Problem with that is, was there any DNA left on it? Did they try to see if there was? I admit, I read that brief last night and my eyes were getting blurry, not sure if it's in the brief or not, whether they tried. Culhane washed it, did she wash away ALL the DNA? Is there any of that wash left? remember this is the bullet DNA that was also contaminated, deviated from protocol.

 

[BigCityAccountant]

Found this interesting...

They overlooked the clearly stronger ineffectiveness claim of trial defense counsel's failure to hire a blood spatter expert who would have demonstrated as Mr. James has done that the blood deposited in the RAV-4 was selectively planted and did
not originate from an actively bleeding finger as Mr. Kratz told the jury. A blood spatter expert would also have refuted the testimony of the State's expert, Mr. Stahlke, that the blood spatter on the rear cargo door was created when Ms. Halbach was thrown into the rear cargo area of the RA V-4. The correct explanation of the blood spatter on the rear cargo door would have provided a completely different scenario of the attack upon Ms. Halbach than the one presented by Mr. Kratz.

 

[BigCityAccountant]

...would have discovered that the alleged hood latch swab did not come from swabbing the hood latch; rather, it most likely
came from Inv. Weigert substituting the hood latch swab for the groin swabs taken from Mr. Avery at the Aurora Medical Center. If Ms. Hagopian and Ms. Akins had done a thorough review of the discovery and interviewed Mr. Avery about the groin swabs taken from him, they would have recognized the suspicious circumstances surrounding the acquisition and disposal of the groin swabs by Inv. Wiegert from Mr. Avery. If Ms. Hagopian and Ms. Askins had investigated the chain of custody forms for the hood latch swab, they would have discovered that it was Inv. Wiegert not Dep. Hawkins who delivered the alleged "hood latch" swabs to the WCL.

 

[missy1974]

THANK YOU!!!!

It could be a pap smear, or it could be that Theresa's toothbrush also went missing. The other thought is that if HR did, in deed, kill Theresa (I'm not convinced of this, but for the sake of argument...) if HR did this, he might have had Theresa's blood on some object he retained after the killing, and he used this to plant the DNA.

It all is so sordid. And in truth, Zellner's version of events feels almost as crazy as Kratz's, but it does make way to a number of intriguing alternative theories of the crime.

The thought that the bullet was contaminated was brought on by Sherry Culhane (State lab employee) herself when she contaminated the bullet with her own DNA. If she contaminated it with her own DNA, is it unreasonable to believe that she may have been doing other testing that resulted in her contaminating the bullet sample at the same time?

IMO Ryan didn't plant the DNA on the bullet, it was SC's own work that did it, not necessarily on purpose, but she did "put her in the garage" ;-)

 

[missy1974]

I think this is why KZ named RH as a suspect and set-out to prove it via the evidence she presented.

Instead, the prior post-conviction attorneys argued that the defense should not have been barred from arguing that a third party was responsible for the crimes charged. The trial defense counsel had not identified a specific perpetrator. Instead, they argued that Mr. Avery's family members were potential suspects, as were customers of the Avery Salvage Yard. Those unnamed suspects, according to the trial attorneys, had the same opportunity as Mr. A very had to commit the crime. The prosecution argued that State v. Denny, 120 Wis. 2d 614,357 N.W.2d 12 (Ct.App.1984) set forth the test to be applied. The trial court agreed, and barred the evidence.

Pursuant to Denny, a defendant must show motive, opportunity and additional evidence to directly connect a third person to the crime charged which is not remote in time, place or circumstances. Id. at 120 Wis. 2d at 623-24, 357 N.W.2d 12

Yep, that's part of her ineffective counsel, they didn't try hard enough lol

 

[missy1974]

Ok, for those that are doubting the "sink blood" (myself included lol)

Mr. Avery consistently expressed his belief to his attorneys and the media that the blood
of his found in Ms. Halbach's vehicle was planted and that it came from his trailer. In one
interview, he said he dripped blood from his finger into his bathroom sink. (Video Clips
from 11/9/05 NBC-26 WFRV interview and 11/18/05 WBAY interview, attached and
incorporated herein as P-C Group Exhibit 8).

If we see evidence or find out that SA had told Strang and Buting about this right away, or his other lawyers, does that change your mind at all?

When I'm reading some of this and I think "as if" LOL but as I've had time to think, I'm thinking, maybe this is how it all happened, and maybe SA has been saying this, but maybe, just maybe his other lawyers couldn't put it all together. I did notice in the brief that the Menard surveillance video is attached, I would like to see if SA's finger is taped up.

 

[htiff]

The thought that the bullet was contaminated was brought on by Sherry Culhane (State lab employee) herself when she contaminated the bullet with her own DNA. If she contaminated it with her own DNA, is it unreasonable to believe that she may have been doing other testing that resulted in her contaminating the bullet sample at the same time?

IMO Ryan didn't plant the DNA on the bullet, it was SC's own work that did it, not necessarily on purpose, but she did "put her in the garage" ;-)

You are right. The question regarding Culhane, was if she might have accidentally tainted the bullet with Theresa's DNA, because she did have a Theresa's DNA in the lab at the time she was performing these tests.

But the DNA isn't really the issue in regard to the bullets. It's the lack of bone fragments embedded in the bullet--which according to Zellner's experts, would have been present, if that bullet had passed through bone.

According to the brief, these fragments would not have been washed away by the solution used to extract DNA, so the lack of fragments meant that these bullets were not used in the commission of this murder. And by way of this, Avery's gun was also not involved.

So then how did bullets that were not used in this crime, and were probably in Avery's garage for some time, get Halbach's DNA on them?


Pgs.10; 26; 38; 43; 59

 

[missy1974]

You are right. The question regarding Culhane, was if she might have accidentally tainted the bullet with Theresa's DNA, because she did have a Theresa's DNA in the lab at the time she was performing these tests.

But the DNA isn't really the issue in regard to the bullets. It's the lack of bone fragments embedded in the bullet--which according to Zellner's experts, would have been present, if that bullet had passed through bone.

According to the brief, these fragments would not have been washed away by the solution used to extract DNA, so the lack of fragments meant that these bullets were not used in the commission of this murder. And by way of this, Avery's gun was also not involved.

So then how did bullets that were not used in this crime, and were probably in Avery's garage for some time, get Halbach's DNA on them?


Pgs.10; 26; 38; 43; 59

Right! and Kudo's on the page numbers hehehe

I get what you are saying, but I think that it was either contaminated (on purpose or accidentally) in the lab. JMO Alternatively, I guess because it was found so much later on, in March 2006, the DNA could have been planted by an investigator on the scene or in transport.

 

[missy1974]

ok, here is something interesting... I have been watching KK's gf's twitter (who many believe is being KK's voice without it being KK), she has been tweeting about this and replying to tweets. This is from earlier tonight....

He was talking to Mark Weigert. Villegas was heading up a search party with Weigerts help. There you go. Nothing dirty. Nothing suspicious.

it was in reply to this tweet: #MakingAMurderer On Nov 4, from 4: 15-7:25 p.m., Mr.Hillegas received 21 calls from an unidentified, hidden phone number #WhoWasUtalkin2

I'm assuming Villegas is a typo LOL So is this a roundabout way to acknowledge that yes, he was talking to LE?? Knowing that KZ probably has proof of it anyway? hmmmm Isn't there some pretrial motions about this and whether RH was an agent of the state or something like that, acting under the direction of LE... I think it may have had something to do with the search warrant... "fruit of the poisonous tree" seems to be what I recall. If he found the RAV4 under the direction of LE on Nov. 4th it would not be allowed ... but if he then directed someone else while organizing the search party and sending those searchers with a camera and the direct line to Pagel.. it wouldn't be so bad. Godly Pam, my a$$.

 

[missy1974]

grrrrrr I remember looking in CASO to see if Wiegert or Pagel could have been talking to RH the evening he got those UNKNOWN calls, I remember that Wiegert was in Green Bay that night with another officer and actually copying his movements and times and I can't find it now! LOL I don't know if I ever posted it and in which thread it would be in, I do recall that the times were actually pretty close and would have worked. I might have to go back and do it again LOL

 

[missy1974]

found my old post!!! It shows RH's calls and what Wiegert was doing, or actually what Dedering was doing, Wiegert was with him but there are no reports from Wiegert, they are all Dedering's.

http://www.websleuths.com/forums/sh...dence-Planted-Discuss&p=13221313#post13221313

 

[dexter75]

Explain these away at the CrimeCon Kratz!

Clerk is having an "issue" making copies..... that doesn't even make sense. Convenient time for copier to malfunction? Take it to another damn copier!

Always something, Cool.
This IS Manitowoc County we're talking about..

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[dexter75]

No problem, I'm sure you are looking around and reading like I am LOL

Interesting though.... so Loof DID track to the deer camp like some of us thought I cannot wait to read the whole thing LOL

Me either.
Back to late nights reading 😉

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[dexter75]

OMG~~~~I can't believe it!!!

Thanks for posting Missy!! :happydance::happydance::happydance:

Exactly my feelings.
Overwhelmed with excitement!!
This process is still going to take forever however I'm more confident than ever the real killer will be exposed & this IMO is priority.


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[dexter75]

She really goes after Kratz and his "theory"

With the hubris of a novice writer, Mr. Kratz, in a desperate effort to connect Mr. A very
to Ms. Halbach's murder, has Mr. Avery, the idiot, hide Ms. Halbach's sub-key in his bookcase
so he can start the engine as a necessary prerequisite to crushing the vehicle. However, Mr.
Avery, the savant, knows that a key is totally unnecessary to crush a vehicle because it can be
picked up with a front-loader and placed in the car crusher. In another illogical plot twist, Mr.
Avery, the idiot, removes Ms. Halbach's DNA from the key but uses his own toothbrush to plant
an abundance of his DNA on the key before hiding it in his bookcase.

BBM above... novice writer... a dig at his book? LOL

Right
But hey...apparently, for a bit...it worked!!????
Kratz got him convicted and folks bought it!!???
IDK..
Do I dare laugh? It's hard to comprehend, isn't it??

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[dexter75]

Mr. Kratz interjects a little science-fiction into the storyline when he has Mr. Avery, the
savant, cremate the entire body in his burn pit in a record 3-4 hours without a single family
member detecting anything. After the body was burned, Mr. Avery, the idiot, left all of the bones
on top of the ash pile within sight of anyone and within reach of his dog who would ingest bones which would be detected in his stool. Mr. A very, the savant, burned the body in his burn pit in world-record time of 3-4 hours to a point where 60 percent of the bones completely disappeared and all but two teeth evaporated. Mr. A very, the idiot, picked out some of the larger bones and moved them to his sister's burn barrel and the Manitowoc gravel pit.

God I love her.
Science fiction..tee hee..

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[dexter75]

James Kirby ("Mr. James Kirby") and Steven Kirby ("Mr. Steven Kirby"). Mr. James
Kirby and Mr. Steven Kirby are both licensed Illinois and Wisconsin investigators. Mr.
James Kirby has interviewed over 35 witnesses in regard to the Halbach murder case. He
has uncovered evidence of the abusive relationship between Ms. Halbach and Mr.
Hillegas. Mr. James Kirby has found evidence that Mr. Hillegas lied to law enforcement
about the broken parking light in Ms. Halbach's car. He has interviewed witnesses whose
statements were misrepresented by law enforcement officers investigating the Halbach
murder. Mr. James Kirby has conducted experiments that refute the State's theory that
Ms. Halbach's electronic components were burned in Mr. Avery's burn barrel Mr. James
Kirby has investigated Mr. Avery' s garage and participated in experiments producing
information that was provided to Mr. Haag and Dr. Palenik, current post-conviction
counsel's ballistic and trace evidence experts, respectively. Mr. Steven Kirby has
interviewed Scott Bloedorn ("Mr. Bloedorn"), who inadvertently mentioned another
suspect.


*** SB blurted out Ryan Hillegas to the investigator, but didn't want to speak to him, I read this somewhere else already lol

So in a nutshell, these 2 interviewed and uncovered information LE should have years ago...had LE not tunnel vision and all🙄

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[dexter75]

Larry Blum, M.D.
Dr. Blum will offer the
opinion that the injury pattern on one potential suspect's hands is consistent with
fingernail scratches that were inflicted during the timeframe of Ms. Halbach's murder.

Potential suspect = Ryan H

Called it.
Just sayin🙄

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[dexter75]

Zellner may publish it. She wants the public aware. But the 220 pages already published are pretty amazing on their own. I've never read an appeal that was this overtly contemptuous of all involved in the conviction. Zellner is amazing.

Yes she is!
JMO

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[scaredtopost]

I've always had trouble understanding why TH was murdered. It was difficult, but not impossible, to believe it was done by LE just to frame SA. I think most would have trouble. RH was on my radar and is more believable. I think he started framing SA and LE was ready to jump in and help, alleviating their own issues with him. Two different frame jobs were going on simultaneously, creating the perfect storm. I feel bad for JB and DS. They didn't have the power, money or balls that KZ has. I think they tried their best, but we're up against a brick wall. Luckily, KZ has a bulldozer.
I enjoy reading this thread
JMO MOO etc