Post Conviction Brief

[Tippy Lynn]

IMO it is absolutely proof of misconduct.
Sitting back watching the dominoes fall...

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KZ is good!!!

 

[BigCityAccountant]

Pictures that a local took at the courthouse:

So she requested a few things from the state, the dispatch calls, the flyover video (probably hoping they would get the full unedited version? I wonder if KK has said somewhere along the way that he watched hours of video?) Item FL (the bullet), and she wanted the pelvic bone too.

Thanks Missy~~

WOW~~isn't he the one trying to establish who is in control. :hilarious:

 

[BigCityAccountant]

Someone else may also have speculated this scenario, but I was also of this opinion.

The idea that the spatter came from moving Teresa's body into the rear of the RAV4 seemed absurd to me. Blood wouldn't be cast off horizontally toward the door. IMO it would be very difficult to swing a body around with enough speed to send dripping blood outward like that. It seemed to me to be spatter from a low velocity blow (because the droplets were not a fine mist as seen in gunshot wounds).

Oh my apologies ProudFootz~~I knew it was someone on here that mentioned it. Great Job~~Great call!

 

[BigCityAccountant]

I can't find anything stating if the nurse who did the groin swab was ever interviewed. If one of you know where I can find it will you point me to it? TIA

I don't think she was ever interviewed but here is the details on the groin swabs. It is in the November 9th interview of SA posted on the Stevenaverycase.org.

http://www.stevenaverycase.org/police-interviews-and-interrogations/

Towards the end of the examination Fritsch had the lights turned out in the examination room and utilized a Woods light to illuminate any secretions on Steven's body. Fritsch subsequently took two swabs in Steven's groin area. After that, she continued and was going to take some more swabs when S/A Fassbender and Inv. Wiegert conferred and determined that the search warrant did not call for that type of exam. Inv. Wiegert immediately stopped Fritsch and the exam was concluded. Inv. Wiegert had Fritsch dispose of the two swabs into the Biohaz/sharps bin. Fritsch also took buccal swabs for Steven's saliva.

At approximately 2:15pm S/A Fassbender, Inv. Wiegert and Steven left eh Aurora Medical Center. Inv. Wiegert and Steven exited the hospital at a different location and S/A Fassbender picked them up.

 

[BigCityAccountant]

Nope, I can't find that she was interviewed.


From the brief page 70, pdf page 86:

Significantly, Nurse Fritsch's documentation of taking swabs from Mr.
Avery excludes any mention of taking groin swabs. A well-qualified nurse following
acceptable standards of charting would never fail to document taking the groin swabs
unless she were instructed not to document taking the groin swabs by Agent Fassbender
or Inv. Wiegert. (Forensic Evidence Checklist, attached and incorporated herein as P-C
Exhibit 26, STATE 2875, 2877).

A picture of the above charting can be seen here: http://imgur.com/a/0KJ2W (these are pictures that a local took at the courthouse and posted to the FB page) I wonder if they tried to interview her and weren't able to? I know that SA could consent to the release of his health information, but with him being in custody and search warrants, etc, I think there may be laws preventing her from speaking to his attorney about it? I guess it doesn't mean that she didn't speak "off the record" though.

Looks like the ER doctor was present during the exam. I wonder who is talking the nurse or the Doc?

 

[BigCityAccountant]

Looks like from the pictures Jaddie posted here...

https://imgur.com/gallery/JMRyo

that Loof started the search on November 5th, but didn't pick up TH scent until November 7th. Hummm..

 

[Tippy Lynn]

I don't think she was ever interviewed but here is the details on the groin swabs. It is in the November 9th interview of SA posted on the Stevenaverycase.org.

http://www.stevenaverycase.org/police-interviews-and-interrogations/

Towards the end of the examination Fritsch had the lights turned out in the examination room and utilized a Woods light to illuminate any secretions on Steven's body. Fritsch subsequently took two swabs in Steven's groin area. After that, she continued and was going to take some more swabs when S/A Fassbender and Inv. Wiegert conferred and determined that the search warrant did not call for that type of exam. Inv. Wiegert immediately stopped Fritsch and the exam was concluded. Inv. Wiegert had Fritsch dispose of the two swabs into the Biohaz/sharps bin. Fritsch also took buccal swabs for Steven's saliva.

At approximately 2:15pm S/A Fassbender, Inv. Wiegert and Steven left eh Aurora Medical Center. Inv. Wiegert and Steven exited the hospital at a different location and S/A Fassbender picked them up.

You're awesome - thanks!!!!

 

[BigCityAccountant]

Here is my question. From the day planner (not sure who posted it up thread), but...

TH was supposed to meet Dan Marrow on October 31st, but he rescheduled. We saw that she was scheduled to meet him on October 31st from the Auto Trader records, but her day planner shows he was rescheduled for Thursday November 3rd. Her phone records show that she talked to Dan Marrow at 11:31am for 3 minutes.

When did she have time to enter the reschedule date of November 3rd in her day planner?

Do we assume that was before she set out on her Auto Trader Route or did she update it after she got home that day? Hummm. More to ponder.

 

[Tippy Lynn]

You would think RH could have come up with a better last name to use on the search maps and when signing in. Maybe it's just me, but Kilgus....

 

[missy1974]

There is some interesting info in some of those exhibits. I am hoping that someone will arrange them better and put them in order LOL I appreciate all the pics, but it's hard to make sense of some of it when pages are missing or they jump around. As I find them in order, I will try to post them... so far, here is one from Steven Kirby, he spoke to SB (TH's room mate)

https://imgur.com/gallery/IYlrw

and another affidavit from JR! https://imgur.com/gallery/Czo7z

I have read it and I believe this might be some of the best new info that came from the brief. JR is clear about how LE tried to get him to say something that wasn't true (the fire), and I think we saw that from the police reports compared to his actual written statement back in the August filing. But to see him actually put it into writing that they did try to get him to say the fire was bigger is good for SA. He also mentions the deer camp barrel... I need to go back and look at the barrel info to see why it's so significant. Oh and then he mentions the bright lights at the Quarry run by Manitowoc County. (which by the way... I was wrong LOL it was MC's land, not Radandt's *sigh*) Ohhhh and he mentions hearing LE saying or telling him that they believe the RAV4 was parked at the end of Kuss Rd at some point before it was moved to ASY. There is more... lol

 

[missy1974]

Here is my question. From the day planner (not sure who posted it up thread), but...

TH was supposed to meet Dan Marrow on October 31st, but he rescheduled. We saw that she was scheduled to meet him on October 31st from the Auto Trader records, but her day planner shows he was rescheduled for Thursday November 3rd. Her phone records show that she talked to Dan Marrow at 11:31am for 3 minutes.

When did she have time to enter the reschedule date of November 3rd in her day planner?

Do we assume that was before she set out on her Auto Trader Route or did she update it after she got home that day? Hummm. More to ponder.

My guess... before she left. She didn't go to her first appointment until around 1pm. She probably updated as she was talking to him and had her planner in front of her.

 

[BigCityAccountant]

You would think RH could have come up with a better last name to use on the search maps and when signing in. Maybe it's just me, but Kilgus....

LOL~~~It's not you~~~I noticed it too.

 

[BigCityAccountant]

So~~OK~~~WAIT~~~

Mark Lindsey had an appt with TH on 11/3 and left 2 phone messages at 8:31 and 10:33 am (per TH voicemail records) and then states he had talked to Angela.

Angela wasn't concerned that morning that TH wasn't answering her phone for customers and too boot she didn't receive an overnight package from TH from the 10/31 shoots that should have been there Tuesday?

HUH?

 

[BigCityAccountant]

TH also had an appt with Chad Fonder that day as well. Angela did not receive a call back from him when she called. I wonder if Chad had also left TH a voicemail message? It doesn't appear on her voicemail records. Could it have been deleted?? Would love to know if Chad left TH a voicemail.

 

[Jaiddie]

https://imgur.com/gallery/Czo7z

More of JR's affadavit and the part I find very compelling and thought provoking is on the last page. Some posters here will remember the confusing part of that investigation that pertained to LE's "shell game" in relation to the various burn barrels. Remember that and then look at JR's statement:

"During the course of this phone conversation, law enforcement informed me that they were going to collect the contents of the burn barrel at the hunting camp at a later time. When I returned to the hunting camp,I observed that they had cordoned off the area surrounding that burn barrel with yellow tape. To the best of my knowledge, Wisconsin State Patrol assigned officers to watch the burn barrel day and night on a rotating basis until its contents were collected. I was not present when the contents of that burn barrel were collected."

My question here is why in the world would LE go to the trouble and expense of paying for the service of several round the clock LE officers to watch over a barrel? Why would they just not immediately confiscate the barrel? IMO, that leads one to assume possibly that they wanted to keep whatever was contained in that barrel (such as bones, for example) safe and away from prying eyes until such a time that they needed to "find" them. This is, of course JMO, but I can think of no other logical reason why a barrel would need 24 hour guarding from LE like that.

 

[Tippy Lynn]

https://imgur.com/gallery/Czo7z

More of JR's affadavit and the part I find very compelling and thought provoking is on the last page. Some posters here will remember the confusing part of that investigation that pertained to LE's "shell game" in relation to the various burn barrels. Remember that and then look at JR's statement:

"During the course of this phone conversation, law enforcement informed me that they were going to collect the contents of the burn barrel at the hunting camp at a later time. When I returned to the hunting camp,I observed that they had cordoned off the area surrounding that burn barrel with yellow tape. To the best of my knowledge, Wisconsin State Patrol assigned officers to watch the burn barrel day and night on a rotating basis until its contents were collected. I was not present when the contents of that burn barrel were collected."

My question here is why in the world would LE go to the trouble and expense of paying for the service of several round the clock LE officers to watch over a barrel? Why would they just not immediately confiscate the barrel? IMO, that leads one to assume possibly that they wanted to keep whatever was contained in that barrel (such as bones, for example) safe and away from prying eyes until such a time that they needed to "find" them. This is, of course JMO, but I can think of no other logical reason why a barrel would need 24 hour guarding from LE like that.

This doesn't make sense. Why wouldn't they haul the barrel away.....something's fishy here.

 

[Jaiddie]

There is some interesting info in some of those exhibits. I am hoping that someone will arrange them better and put them in order LOL I appreciate all the pics, but it's hard to make sense of some of it when pages are missing or they jump around. As I find them in order, I will try to post them... so far, here is one from Steven Kirby, he spoke to SB (TH's room mate)

https://imgur.com/gallery/IYlrw

and another affidavit from JR! https://imgur.com/gallery/Czo7z

I have read it and I believe this might be some of the best new info that came from the brief. JR is clear about how LE tried to get him to say something that wasn't true (the fire), and I think we saw that from the police reports compared to his actual written statement back in the August filing. But to see him actually put it into writing that they did try to get him to say the fire was bigger is good for SA. He also mentions the deer camp barrel... I need to go back and look at the barrel info to see why it's so significant. Oh and then he mentions the bright lights at the Quarry run by Manitowoc County. (which by the way... I was wrong LOL it was MC's land, not Radandt's *sigh*) Ohhhh and he mentions hearing LE saying or telling him that they believe the RAV4 was parked at the end of Kuss Rd at some point before it was moved to ASY. There is more... lol

What i found to be significant and extremely compelling and thought provoking is found on the last page of the affadavit. Does anyone remember the confusion many had here in regards to the "shell game" of the burn barrels?

"During the course of this phone conversation, law enforcement informed me that they were going to collect the contents of the burn barrel at the hunting camp at a later time. When I returned to the hunting camp, I observed that they had cordoned off the area surrounding that burn barrel with yellow tape. To the best of my knowledge, Wisconsin State Patrol assigned officers to watch the burn barrel day and night on a rotating basis until its contents were collected. I was not present when the contents of that burn barrel were collected."

My question is what could be the possible reason that LE would go to the trouble (and most importantly the expense of paying said officers for their time) of guarding the contents of a barrel? Why wouldn't they just immediately collect the contents when it was supposedly discovered? IMO, their actions here would lead one to assume that they were worried about keeping those contents (possibly bones for example) safe and away from prying eyes until such a time as they were needed. I can think of no logical, none nefarious, reason that LE would take the actions they did in this instance. All JMO, of course.

 

[Jaiddie]

Again, apologies for the redundant posts. My computer is acting up on me and I didnt think my first post had been submitted, lol

 

[missy1974]

So~~OK~~~WAIT~~~

Mark Lindsey had an appt with TH on 11/3 and left 2 phone messages at 8:31 and 10:33 am (per TH voicemail records) and then states he had talked to Angela.

Angela wasn't concerned that morning that TH wasn't answering her phone for customers and too boot she didn't receive an overnight package from TH from the 10/31 shoots that should have been there Tuesday?

HUH?

Maybe this is the person that called on the 3rd saying TH didn't show up?

 

[dexter75]

Here is my question. From the day planner (not sure who posted it up thread), but...

TH was supposed to meet Dan Marrow on October 31st, but he rescheduled. We saw that she was scheduled to meet him on October 31st from the Auto Trader records, but her day planner shows he was rescheduled for Thursday November 3rd. Her phone records show that she talked to Dan Marrow at 11:31am for 3 minutes.

When did she have time to enter the reschedule date of November 3rd in her day planner?

Do we assume that was before she set out on her Auto Trader Route or did she update it after she got home that day? Hummm. More to ponder.

BCA,
I've been " pondering " this & much more for much of the night😉
( especially now that the exhibits are released )

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