Post Conviction Brief

[BigCityAccountant]

The state has requested the appointment of a Special Prosecutor according to Wisconsin Circuit Court.

https://wcca.wicourts.gov/courtReco...et=17&linkOnlyToForm=false&sortDirection=DESC

Geez, I sure hope it's not KK. :shame:

 

[missy1974]

it shouldn't be and probably can't be KK BCA.... it would be a conflict of interest considering he will probably be a witness for prosecutorial misconduct ;-)

 

[dexter75]

it shouldn't be and probably can't be KK BCA.... it would be a conflict of interest considering he will probably be a witness for prosecutorial misconduct ;-)

Lol

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[proudfootz]

Lucian aka Luke Haag & his son Mike are the featured experts. NOVA: Cold Case JFK

http://www.pbs.org/wgbh/nova/tech/cold-case-jfk.html

I hate to have to say it, but I've seen some criticism of the Haags which I take seriously.

"...the producers of the show and its two ballistic experts, the father-and-son team of Luke and Mike Haag, cherry-picked and misrepresented the actual evidence in the case and shamelessly misled millions of viewers. A review of the facts fudged or ignored in Cold Case JFK demonstrates that the SBT is as impossible now as it was in 1964 when it was first proposed by Commission lawyer, Arlen Specter."

http://themysteriesofdealeyplaza.blogspot.com/2013/11/nova-cold-case-jfk-case-study-in-cherry.html

From my POV it looks like they might be willing to shade the truth.

 

[BigCityAccountant]

I hate to have to say it, but I've seen some criticism of the Haags which I take seriously.

"...the producers of the show and its two ballistic experts, the father-and-son team of Luke and Mike Haag, cherry-picked and misrepresented the actual evidence in the case and shamelessly misled millions of viewers. A review of the facts fudged or ignored in Cold Case JFK demonstrates that the SBT is as impossible now as it was in 1964 when it was first proposed by Commission lawyer, Arlen Specter."

http://themysteriesofdealeyplaza.blogspot.com/2013/11/nova-cold-case-jfk-case-study-in-cherry.html

From my POV it looks like they might be willing to shade the truth.

Well, that's not good. I wouldn't want someone shady as one of my defense experts.

 

[BigCityAccountant]

[FONT=&quot]A special prosecutor has been named in the post-conviction case of [/FONT]Making a Murderer[FONT=&quot] subject Steven Avery.

[/FONT]Assistant Sheboygan County District Attorney[FONT=&quot] Mark Williams was named to Avery’s Manitowoc County case [/FONT]July 14 because of conflict of interest,[FONT=&quot] according to court documents. Currently, Thomas Fallon with the state of Wisconsin Department of Justice is heading the prosecution on behalf of Attorney General Brad Schimel.

[/FONT]http://www.**************/4408084/making-a-murderer-special-prosecutor-named-in-steven-avery-case/
[FONT=&quot]

[/FONT]

 

[wasnt_me]

Well, there is only 1 toothbrush there in the picture. You would think there would be 2 with 2 adults living there.

http://www.stevenaverycase.org/wp-content/uploads/2016/02/Exhibit-206-bathroom-sink.jpg

Well, the problem with that becomes that the officer had a 50% chance of using the wrong toothbrush unless it was wet and the officer or person planting evidence knew that jodi was in jail and not using her toothbrush.

 

[BigCityAccountant]

Well, the problem with that becomes that the officer had a 50% chance of using the wrong toothbrush unless it was wet and the officer or person planting evidence knew that jodi was in jail and not using her toothbrush.

I would normally agree, but the toothbrush in the picture is white/purple. Most guys would not choose a purple tooth brush. It's not manly enough (or at least that's the way it goes in my household...LOL)

 

[wasnt_me]

Prince would have.

:drumroll:

Seriously, that would depend on who did the shopping and whether or not he really even cared. And what if both had been purple and white? Did they say what color the missing one should be?

http://www.stevenaverycase.org/wp-content/uploads/2016/02/Exhibit-206-bathroom-sink.jpg

 

[BigCityAccountant]

Prince would have.

:drumroll:

Seriously, that would depend on who did the shopping and whether or not he really even cared. And what if both had been purple and white? Did they say what color the missing one should be?

http://www.stevenaverycase.org/wp-content/uploads/2016/02/Exhibit-206-bathroom-sink.jpg

Good Point. I don't recall ever hearing about which one was missing.

 

[Karinna]

Wonder how much longer before the state's response to KZ's post conviction brief? Seems pretty quiet on that front.

 

[missy1974]

Wonder how much longer before the state's response to KZ's post conviction brief? Seems pretty quiet on that front.

It was mid-July when the letters to the judge were filed, and KZ dismissed the federal appeal that SA filed before she took his case. I am not sure how long the State has, but it has been over 2 months since she filed, and if the letters/dismissal restarted the time clock for them to respond, it's coming up on 30 days.

 

[Karinna]

It was mid-July when the letters to the judge were filed, and KZ dismissed the federal appeal that SA filed before she took his case. I am not sure how long the State has, but it has been over 2 months since she filed, and if the letters/dismissal restarted the time clock for them to respond, it's coming up on 30 days.

Thanks for the info. missy. Hopefully it won't be too much longer until there will be a response then?

 

[missy1974]

I'm not sure what the rules are Karinna, it could be 30 days, it could be 60, even 90 We could see from the letters that Fallon and Zellner filed last month that they do communicate, it could be that they are allowing her to do more testing too and I'm not sure we would know about it until afterwards.

 

[Karinna]

I'm not sure what the rules are Karinna, it could be 30 days, it could be 60, even 90 We could see from the letters that Fallon and Zellner filed last month that they do communicate, it could be that they are allowing her to do more testing too and I'm not sure we would know about it until afterwards.

I agree that there are things going on behind the scenes that we won't know about just yet. And i do remember KZ stating the most time it has taken for her to get a case completed is 3 years. So things do go rather slowly in the judicial system. It will be interesting to see what happens in SA's case and if he walks out of prison or gets a retrial. Time will tell i guess.

 

[wasnt_me]

New Timeline:

So according the Zellner's new timeline:

2pm -- TH arrives in vacinity of Zipperer's house.
212pm -- TH leave message that she can't find the place and will head back around later, but we have no voicemail to prove it
227pm -- TH is talking to Dawn on the phone.
235pm -- SA calls TH but hangs up.
241pm -- TH phone is forwarded to voicemail.

When she adds in Avery's activities, it becomes too close to to me. She believes the appointment took place between 231pm to 234pm, and at 235pm, Avery called her to come back, but if Avery watched her turn left off Avery onto 147, it takes 2 minutes to drive that. Did Avery stand outside, flipping a magazine and looking up the road for 2 minutes? Or maybe he looked up the road when he decided what he wanted to do with the front loader, but he saw her turning left and hung up?

What I like better is that she looked for Zipperer's, kept going, left the message at 212pm, but she was closer to Avery's and arrived at 222-224pm. She took her pic, did whatever she needed to do with SA and was back up the road at 227pm, and she told Dawn she was on her way out of there, not on her way out there.

Meanwhile, SA called her at 235pm and hung up for whatever reason. Maybe to come back, but it had been about 7 min, so he hung up, figuring she was too far away. And she was. because at 241pm, she was 12 miles from there. That's traveling about a little less than mile a minute.

So, depending on how long it took to find Zipperer's, she arrives there anywhere between 241pm and I don't even know.

Avery has always said she was there between 2-230pm. What do you guys think? She's did her timeline, trying to fit Bobby in, but Bobby isn't reliable to me.

On the stand, he said he saw her take pic, go toward stevens and then he took a shower. After his shower, the suv was there but TH wasn't. Then on cross exam, he said that stuff happened after his shower and then when he went outside, her car was there but she wasn't.

 

[Karinna]

New Timeline:

So according the Zellner's new timeline:

2pm -- TH arrives in vacinity of Zipperer's house.
212pm -- TH leave message that she can't find the place and will head back around later, but we have no voicemail to prove it
227pm -- TH is talking to Dawn on the phone.
235pm -- SA calls TH but hangs up.
241pm -- TH phone is forwarded to voicemail.

When she adds in Avery's activities, it becomes too close to to me. She believes the appointment took place between 231pm to 234pm, and at 235pm, Avery called her to come back, but if Avery watched her turn left off Avery onto 147, it takes 2 minutes to drive that. Did Avery stand outside, flipping a magazine and looking up the road for 2 minutes? Or maybe he looked up the road when he decided what he wanted to do with the front loader, but he saw her turning left and hung up?

What I like better is that she looked for Zipperer's, kept going, left the message at 212pm, but she was closer to Avery's and arrived at 222-224pm. She took her pic, did whatever she needed to do with SA and was back up the road at 227pm, and she told Dawn she was on her way out of there, not on her way out there.

Meanwhile, SA called her at 235pm and hung up for whatever reason. Maybe to come back, but it had been about 7 min, so he hung up, figuring she was too far away. And she was. because at 241pm, she was 12 miles from there. That's traveling about a little less than mile a minute.

So, depending on how long it took to find Zipperer's, she arrives there anywhere between 241pm and I don't even know.

Avery has always said she was there between 2-230pm. What do you guys think? She's did her timeline, trying to fit Bobby in, but Bobby isn't reliable to me.

On the stand, he said he saw her take pic, go toward stevens and then he took a shower. After his shower, the suv was there but TH wasn't. Then on cross exam, he said that stuff happened after his shower and then when he went outside, her car was there but she wasn't.

I think Ms. Zellner has placed her findings from her team's own investigation into the case and her own theory.
And she is in her brief stating the legal aspects to this case that were violated by the state to convict Avery, and that is i think what she relies on to get SA out of prison, either by retrial or that he just walks out. As KZ has done in other prior wrongful convictions usually cases are overturned on new DNA evidence or legal breaches.
All JMO.

 

[missy1974]

I'm with you wasnt_me .... I think she was leaving SA's when she talked to Dawn, not on her way there. Dawn says she said it "WAS the Avery's" Which moves that timeline. As for Bobby, I agree too, I don't find him reliable at all, and I'm not sure why he changed stories. From the get go, LE told Bobby that SA said he was the last to see TH. SA had said this to Jodi, his gf, in a call on the Friday night (the night before the RAV4 was found), when Bobby went to the command center on the Saturday to see if he could go in and get his dog out, they told him what SA said. So right from the start Bobby was defensive, whether this made him lie, or tell LE/State what they wanted to hear, I'm not sure.

Here is another to think about. IF Bobby saw TH taking the photo's and he never mentions SA being outside with her, and then she walks towards SA's trailer..... why would she do that if the address she was given was Barb's? Where Bobby was standing in the kitchen window watching.

 

[Karinna]

New Timeline:

So according the Zellner's new timeline:

2pm -- TH arrives in vacinity of Zipperer's house.
212pm -- TH leave message that she can't find the place and will head back around later, but we have no voicemail to prove it
227pm -- TH is talking to Dawn on the phone.
235pm -- SA calls TH but hangs up.
241pm -- TH phone is forwarded to voicemail.

When she adds in Avery's activities, it becomes too close to to me. She believes the appointment took place between 231pm to 234pm, and at 235pm, Avery called her to come back, but if Avery watched her turn left off Avery onto 147, it takes 2 minutes to drive that. Did Avery stand outside, flipping a magazine and looking up the road for 2 minutes? Or maybe he looked up the road when he decided what he wanted to do with the front loader, but he saw her turning left and hung up?

What I like better is that she looked for Zipperer's, kept going, left the message at 212pm, but she was closer to Avery's and arrived at 222-224pm. She took her pic, did whatever she needed to do with SA and was back up the road at 227pm, and she told Dawn she was on her way out of there, not on her way out there.

Meanwhile, SA called her at 235pm and hung up for whatever reason. Maybe to come back, but it had been about 7 min, so he hung up, figuring she was too far away. And she was. because at 241pm, she was 12 miles from there. That's traveling about a little less than mile a minute.

So, depending on how long it took to find Zipperer's, she arrives there anywhere between 241pm and I don't even know.

Avery has always said she was there between 2-230pm. What do you guys think? She's did her timeline, trying to fit Bobby in, but Bobby isn't reliable to me.

On the stand, he said he saw her take pic, go toward stevens and then he took a shower. After his shower, the suv was there but TH wasn't. Then on cross exam, he said that stuff happened after his shower and then when he went outside, her car was there but she wasn't.

BBM, According to the brief
(quote)
2:27pm Ms. Pliszka called Ms. Halbach Ms. Pliszka's account of her conversation is not credible. At Trial Ms. Pliszka testified it was Ms. Halbach that called her at 2:27pm. on October 31, 2005.
Ms. Halbach's phone records as reflected in Mr. Kratz's summary exhibit, show that it was Auto Trader who called Ms. Halbach not vice versa.

 

[Karinna]

(quote)
Had trial defense counsel impeached Ms. Pliszka, they could have shown that her testimony was not credible about her alleged contact with Ms. Halbach, effectively undermining Ms. Pliszka's testimony that Ms. Halbach told her that she was on her way to the Avery property at the time of the call.