Post Conviction Brief

SOOOOO much information in all of these exhibits, it's hard to know where to start LOL

Exhibit 74 - AutoTrader toll free records from the 31st. Confirms that SA DID call AT back at 11:04 from his house phone. SA said this in one of his early November interviews, and it was confirmed that TH would be coming that day.

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-74-Toll-Free-Records.pdf

The only verification that we have that the 2:27 call was from AutoTrader is this:
attachment.php


Hi Missy!! Hope your loved one is feeling better!!!

There was sooo much information in this post, I'll just start here.

So here's my question. If Avery was trying to hid or be sneaky, why wouldn't he use *67 when he called Auto Trader the first time and at 11:04 when he used his home phone? If he did intend to kill TH, wouldn't he want his number hidden ALL of the time he called, not just a few calls?

My other question is...

HOW did Pliszka know it was EXACTLY 2:27 pm when she spoke to TH? Wouldn't some say, Oh approximately 2:30 pm or between 2:15 pm and 2:30 pm? To be that specific on the time, tells me someone fed that time to her. I'm not saying LE, it could have been TH's family and friends when they were calling Auto trader, but it sure seems odd that she knew the time right down to the minute.

If I recall correctly Missy1974 mentioned the 2:27 AT call in post #326, a few posts up. Inv. Wiegert told another AT employee TH phone records stated the call was at 2:27.
cbc3d45c16283673c519b08a77da5333.jpg

CASO - Page 15
Inv. Wiegert

I informed ANGELA we were reviewing TERESA's phone records and there was an incoming call at 2:27 p.m. on 10/31/05 from the phone number of 414-425-8772, the AUTO TRADER magaztne. ANGELA stated it was possibly a voice mail message that was left for TERESA but she is not sure. She states they commonly call their photographers and leave them messages on their voice mail about appointments that are to be done.
 
I'm going to post this here because it relates to the exhibits.

Proposing a new theory.

From TH's day planner we have a entry that states "Steve Sheboygan, Monday 4 ft large moving truck with a phone number and 2 vehicles.

Missy, upthread put together that this "Steve" is the same Steve that spoke with TH on October 31, 2005. "The fifth last phone call at 12:44 p.m. would be an incoming from the phone number 920-254-6635, unknown at that time whose phone number that would have been.

We also know from TH's emails, Exhibit 53, that TH was "annoyed at the roommate." and stated "The guy is a pig and I can't stand to be around him most days."

http://www.stevenaverycase.org/wp-content/uploads/2017/06/Exhibit-53-Halbach-Email.pdf

We also know from the CASO reports that RH said TH had clothes in "plastic bags" or plastic garbage bags.

So, here is my question.

Could it be possible TH was fed up with the living arrangements and was planning on moving out and moving to Sheboygan with a new roommate, Steve?

RH overheard TH was moving in with a Steve and assuming it must have been SA not knowing it was actually someone else?
 
Looks like Missy was questioning the 2:27 pm phone call way way way back in April 2016.

ok.... so the 2:27 call.... they say it came from 414-425-8712... how do they know this? they don't have the numbers on the phone records, not for incoming calls. Voicemail records do show the numbers for some of the calls, but we don't see that call on the voicemail records, so either it was deleted ... or I don't know :confused:

back to reading LOL
 
The only problem I have with the phone records~~on Cingular and not on AT&T, is that it could be argued that they were lost when the 2 companies merged.

Like so many other things in this case the call records not matching up makes the records clear as mud. Lol

I haven't seen anything regarding TH and text messages. In 2005 text messaging wasn't what it is today, but in 2005 I was a frequent text user. Does anybody know if this was brought up?
 
The only problem I have with the phone records~~on Cingular and not on AT&T, is that it could be argued that they were lost when the 2 companies merged.

Yep, that's why I made a point of saying that KZ knows this because when referring to those 2 calls, she uses the old trial exhibits. It's very possible that KZ already has and knows the explanation for those calls not being on the new report, she doesn't seem to make a big deal of them in the brief (although I have read elsewhere that it's a big deal lol) There was a disclaimer at the bottom of the Cingular report too IIRC that said they may not be the complete records, or something like that. Investigation continues... haha
 
Like so many other things in this case the call records not matching up makes the records clear as mud. Lol

I haven't seen anything regarding TH and text messages. In 2005 text messaging wasn't what it is today, but in 2005 I was a frequent text user. Does anybody know if this was brought up?


LOL~~~yes, we talked about it in depth in the CASO thread and maybe the phone thread too. LOL ;)
 
Yep, that's why I made a point of saying that KZ knows this because when referring to those 2 calls, she uses the old trial exhibits. It's very possible that KZ already has and knows the explanation for those calls not being on the new report, she doesn't seem to make a big deal of them in the brief (although I have read elsewhere that it's a big deal lol) There was a disclaimer at the bottom of the Cingular report too IIRC that said they may not be the complete records, or something like that. Investigation continues... haha

Oh, and this one from the CASO thread too.

ohhhhhhh good catch, I have been copying things about the calls, but trying not to look into them at the moment so I can keep reading LOL I have been unsuccessful though because this 2:27 call and how they know the number has mean confused. I have been looking elsewhere, and I am not the only one confused.... and Dawn never mentioned talking to TH for 5 minutes that afternoon, but does say she left her a voicemail..... and it may have been her at 2:27.

So you think that they just had not showed up on the bill yet? weird! Might have something to do with that tower specifically? sending the data late.... or something techy like that lol

It's like KZ was reading your posts...LOL
 
Looks like Missy was questioning the 2:27 pm phone call way way way back in April 2016.

Yep! One of the first things I went to look for with these new records was that call. I thought for sure it would show AutoTrader calling her at that time, but nope, still no verification, other than Mark from Calumet County Sheriff's dept telling Angela what time it was LOL

Another thing I would love to see is ... the print out that was given to Mark Wiegert on November 3rd, I would think it's in a file somewhere. Could be in the same file as the recorded call from the Zipperer's though ;-)
 
Like so many other things in this case the call records not matching up makes the records clear as mud. Lol

I haven't seen anything regarding TH and text messages. In 2005 text messaging wasn't what it is today, but in 2005 I was a frequent text user. Does anybody know if this was brought up?

Teresa received a text message from B.Czech at 12:45 on the 31st, but it was never recovered as far as I can tell.

From the brief:

Mr. Czech left a text message for Ms. Halbach at 12:45 p.m. on October 31, 2005. Mr.
Czech was completely forthcoming in his interview with law enforcement on November 4,
2005 that he had texted Ms. Halbach. He was not asked the content of the message nor to
show the message to law enforcement during his interview. At no point did law
enforcement attempt to obtain the text message from Mr. Czech. (11/4/05 CCSD
Interview of Bradley Czech, P-C Exhibit 43).
 
Oh, and this one from the CASO thread too.



It's like KZ was reading your posts...LOL

That Dawn is a thorn in my side with this case. And now her buddy RHiggs from AutoTrader as well. Their stories changed. Why Strang and Buting didn't use Dawn's various interviews against her is just beyond me. I know they were limited with manpower/money, but c'mon, this one sticks out like a sore thumb ... to me anyway LOL
 
Teresa received a text message from B.Czech at 12:45 on the 31st, but it was never recovered as far as I can tell.

From the brief:

Mr. Czech left a text message for Ms. Halbach at 12:45 p.m. on October 31, 2005. Mr.
Czech was completely forthcoming in his interview with law enforcement on November 4,
2005 that he had texted Ms. Halbach. He was not asked the content of the message nor to
show the message to law enforcement during his interview. At no point did law
enforcement attempt to obtain the text message from Mr. Czech. (11/4/05 CCSD
Interview of Bradley Czech, P-C Exhibit 43).

Is the 12:45 call on the new and old records Missy? How about in the CASO reports when TH's friends were giving the info to LE?
 
Is the 12:45 call on the new and old records Missy? How about in the CASO reports when TH's friends were giving the info to LE?

so at 12:45 she had an incoming 3 minute call... http://www.stevenaverycase.org/wp-c...Trial-Exhibit-361-Halbach-Cingular-Report.pdf

According to Wiegerts report in CASO page 7: The fifth last phone call at 12:44 p.m. would be an incoming from the phone
number 920-254-6635

This is the Steve at the bottom of her dayplanner on the 31st.

But wait... it's not on the "new" records. I will have to look some more, BUT... I think the new AT&T records only show calls that were not connected or answered and went to her voicemail or when she checked her voicemail.
 
Sorry for the long post.
I compiled all the information I found regarding TH's fax.
The fax # 920-435-1367 wasn't TH fax #, that number was disconnected, but the AT fax machine at TH's residence was programmed with that fax number and the disconnected # appeared on faxes sent from the fax machine at TH's. Any number can be easily programmed to appear on a fax so that's not a big concern of mine. What I want to know is what's the actual fax # for the AT fax machine located at TH's residence?
The other burning question of mine is when did AT actually receive TH's 10/31 fax? The time stamp states 12:13am on 10/31, but we don't know when it was actually received. LE asked AT for a copy of that fax, but I haven't come across it in the documents.


CASO - Fax 920-435-1367
http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=56
Page #13, 14, 15, 16, 54, 56 & 48

Page# 13
Inv. Dedering
A call was then placed to Inv. WIEGERT. WIEGERT indicated that the AUTO TRADER magazine received a fax from TERESA HALBACH in the early morning hours of 10/31/05.
The phone number listed on the printed portion of the facsimile showed that the facsimile was sent from 920-435-1367. WIEGERT advised me that this is normally done at the end of the day by TERESA.

Page#14
Inv. Dedering
Det. JACOBS from the MANITOWOC SHERIFF's DEPT. did make contact with AMERITECH SECURITY regarding the 920-435-1367 phone number. Det. JACOBS learned that the phone number was a Green Bay based AMERITECH number, and he contacted AMERITECH SECURITY regarding the number. All he was able to learn was that the number was no longer in service.
At 2111 hrs., I received another phone call from Inv. WIEGERT who indicated that he had tried the 920-435-1361 number and learned that it had been disconnected.

Page#15-16
Inv. Dedering
I informed ANGELA I would like to get a copy of TERESA's last fax to her and any other information she could provide me about TERESA's appointments in that timeframe.

Page#54
Inv. Dedering
On Friday, 11/04/05 at 1925 hrs., I (DEDERING) did make contact with SBC SECURITY regarding the 920-435-1367 phone number. I was advised that once again there was no subscriber information shown for this phone number and that, in fact, the phone number had been disconnected for sometime. The representative I spoke with did indicate once again that the last known address for the phone number was 215 S. Quincy #3, Green Bay, WI.
The representative indicated that this could possibly be a "por1ed" number, and further indicated that anyone can reflect any phone number they choose to as the originating phone number for a facsimile transmittal.

Page#56
Inv. Dedering
On Friday, 11/04/05 at 1450 hrs., Inv. WIEGERT and I (DEDERING) did attempt to make contact at275 S. Quincy St., Green Bay, WI Apt. #3. SBC SECURITY had advised us that while they could not provide a last name subscriber for 920-435-1367, they could, in fact, provide us with a last address that the number listed to. Inv. WIEGERT and I initially found no one at the residence.

Page #48
Inv. Dedering
On 1 1/05/04 at 1525 hrs., Inv. WIEGERT and I (DEDERING) did make contact with the following individual at his residence:
MV
215 Y, Quincy Apt. #3
Green Bay, WI
It should be noted that Inv. WIEGERT had contacted Mr. MV by phone and Mr. MV did agree to meet us at his residence.
MV indicated that he had not had a home phone number since he was in a homeless shelter in May of 2004. He indicated that at this time he could not recall his home telephone number. He did not believe that he ever had a phone number that began with the prefix of 415. (It should be noted that I subsequently received a phone call from Mr. MV after we left his residence indicating that his last landline phone number was 920-360-5551). MV indicated he did not know TERESA HALBACH at all. He indicated that he had no fax at his residence. He states that he does not have Intemet service but does have a home computer.


CASO - 11/3/05, Page# 15
Inv. Wiegert Interview w/ AS from Auto Trader:
ANGELA states she thought something was odd because on Monday she received a fax from TERESA from the number of 920-435-1367. In checking that phone number, it comes back to a Green Bay address. For more information on that, please see Inv. DEDERING's report. ANGELA states she thought it was odd receiving that fax because she would assume it would have come the day after TERESA's assignments were completed but there was nothing on the fax indicating TERESA had done her Monday jobs. In checking the time on the fax, the fax would have come in the early moming of Monday and TERESA would not have completed the other photo shoots set for Monday at that time.

CASO - 11/5/05, Page# 56
Inv. Dedering
We did fax a test to the CALUMET SHERIFF's DEPT. and the telephone number
shown on the "from" portion of the fax reflected the phone number 920-435-1367. This is the same number that was reflected on the facsimile sent to AUTO TRADER on 10/31/05 in the early morning hours. This reflects that TERESA HALBACH's fax machine is in fact programmed to reflect the 920-435-1367 number, and that she, in fact, did send the fax to AUTO TRADER on 10/31/05, probably from her residence.


http://www.stevenaverycase.org/wp-co...-Interview.pdf
Wis DOJ - 11/6/05, Page 4, 2nd paragraph
Special Agent McGrath Interview w/ AS from Auto Trader

In reviewing records SCHUSTER stated that the last fax she received
from HALBACH was time stamped 12:13 a.m. on 10/31/2005 from fax number 920-435-1367 which was the typical fax machine that HALBACH used to fax her appointment reports into the main office. SCHUSTER believes that is the fax number always used by HALBACH. SCHUSRTER is not aware if ht time stamp on the fax machine is accurate. SCHUSTER stated the HALBACH is quite thorough about taking notes of the photos she has completed during her appointments. She typically signs her name on the top of the fax and dates it for when the photographer detail appointment report was due.
 
Tippy Lynn ~ here is a copy of the fax that TH sent to AutoTrader:

Exhibit 21

http://www.stevenaverycase.org/wp-content/uploads/2016/02/Trial-Exhibit-21-Lead-Form-2005Oct29.pdf

AutoTrader supplied their photographers with everything they needed to do their jobs, including camera's and fax machines. They had a storage somewhere, and actually, it's in CASO that AutoTrader had TH go there sometimes. http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=332
 
Tippy Lynn ~ here is a copy of the fax that TH sent to AutoTrader:

Exhibit 21

http://www.stevenaverycase.org/wp-content/uploads/2016/02/Trial-Exhibit-21-Lead-Form-2005Oct29.pdf

AutoTrader supplied their photographers with everything they needed to do their jobs, including camera's and fax machines. They had a storage somewhere, and actually, it's in CASO that AutoTrader had TH go there sometimes. http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=332

You are on it - thank you! I appreciate you, BCA and all the others for all your work on this.

With work, kids and life in general I only get a few minutes here and there to catch up on the threads and to look over everything. Time.....it's the one thing money can't buy and I need some!!!! Thanks again everyone!!!
 
You are on it - thank you! I appreciate you, BCA and all the others for all your work on this.

With work, kids and life in general I only get a few minutes here and there to catch up on the threads and to look over everything. Time.....it's the one thing money can't buy and I need some!!!! Thanks again everyone!!!

Your welcome! and I agree.. I wish I had more time to read all these new documents too! I have a pretty good memory and this dang case has gripped me since I watched the series a year and a half ago (which seems crazy that it's been that long LOL)
 
Tippy Lynn ~ here is a copy of the fax that TH sent to AutoTrader:

Exhibit 21

http://www.stevenaverycase.org/wp-content/uploads/2016/02/Trial-Exhibit-21-Lead-Form-2005Oct29.pdf

AutoTrader supplied their photographers with everything they needed to do their jobs, including camera's and fax machines. They had a storage somewhere, and actually, it's in CASO that AutoTrader had TH go there sometimes. http://www.stevenaverycase.org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf#page=332

Looks like the fax TH sent on 10/31 with time stamp 12:13am was for Saturday 10/29. According to AT TH cancelled her Saturday appointments and the fax TH sent to AT appears that way as well. Not that I think it matters much now, but I still don't know TH actual fax number. LOL
 
Looks like the fax TH sent on 10/31 with time stamp 12:13am was for Saturday 10/29. According to AT TH cancelled her Saturday appointments and the fax TH sent to AT appears that way as well. Not that I think it matters much now, but I still don't know TH actual fax number. LOL

I think her fax number was her home phone number, which can be found on the first page of the CASO report :) The number just wasn't programmed into the fax machine.
 

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