The State of Wisconsin Acted with Malice to Put Steven Avery Back in Prison

UPDATE OCTOBER 3, 2017: A circuit court judge has denied Steven Avery's request for a new trial in the murder of Teresa Halbach. Sheboygan County Judge Angela Sutkiewicz issued a decision and order saying, "the defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice. As such, no further consideration will be given to this issue."



Avery's attorney, Kathleen Zellner, released this statement to Action 2 News: "We are filing an amended petition because we have additional test results and witness affidavits. The scientific testing is not completed. We remain optimistic that Mr. Avery's conviction will be vacated."

Patch spoke with Zellner by phone from Seattle. She said the ruling by the Sheboygan judge should not be viewed as a major setback for her and her client.

Zellner said she and the Wisconsin Attorney General's Office recently worked out an agreement to allow for additional physical evidence testing upon the RAV4 of murder victim Halbach, and the judge apparently did not know this at the time she decided to move forward and issue her ruling against Avery."

"It's not really a big deal," Zellner said of the decision. "We'll be submitting a motion to vacate the order because we have an agreement reached between both parties and the judge assumed that all the scientific evidence had been submitted. We'll have more scientific evidence as well as new witness affidavits that we'll be submitting before Thanksgiving."

More case updates at this link:

http://georgezipperer.blogspot.com/2017/06/kathleen-zellner-files-post-conviction.html

END UPDATE

At about 10:30 a.m. on 11/5/2005, after 20 minutes of searching a 40-acre property with 4,000 vehicles, Pam Sturm found Teresa Halbach's RAV-4. At 11:30 a.m., about 30 minutes after law enforcement swarmed the Avery property, Manitowoc County deputy Jacobs asked: "Do we have Steven Avery in custody?"

The following are excerpts from the 1,200-page post-conviction petition filed on June 7, 2017.

Please take notice that the Petitioner, Steven A. Avery ("Mr. Avery"), by his undersigned attorneys, respectfully moves the Court pursuant to Wis. Stat. § 974.06 for an Order vacating the judgment of his convictions and sentence and ordering a new trial. In the alternative, he asks that this Court grant a new trial in the interests of justice pursuant to Wis. Stat. § 805.15 or its inherent authority because the real controversy was not fully tried. In support of this motion, Mr. Avery alleges the following: Mr. Avery requests an evidentiary hearing and that he be produced for that hearing. ...

Mr. Avery's current post-conviction counsel have completed scientific testing and conducted an extensive re-investigation of his case, which demonstrates that planted evidence and false testimony were used to convict Mr. Avery of the first degree intentional homicide of Teresa Halbach ("Ms. Halbach"). Mr. Avery's trial defense counsel, Jerome Buting and Dean Strang ("trial defense counsel"), and prior post-conviction counsel, Suzanne Hagopian ("Ms. Hagopian") and Martha Askins ("Ms. Askins"), were ineffective in failing to hire the experts needed to establish that all of the evidence used by the State to convict Mr. Avery was planted or fabricated. Trial defense counsel and post-conviction counsel failed to conduct a proper investigation to refute the State's timeline and theory of when, where, and how this homicide occurred and to meet the standard necessary to name third party suspects. ...

To understand how this happened, one must examine the other side of the coin: the performance of Mr. Avery's trial defense counsel. The State relied upon the following items of forensic evidence that allegedly linked Mr. Avery to the crime:

1) Mr. Avery's blood in the RAV-4;
2) Mr. Avery's DNA on the hood latch;
3) the electronic components (camera, palm pilot, and cell phone) in Mr. Avery's burn barrel;
4) the bones and remnants of Ms. Halbach's clothing in Mr. Avery's burn pit;
5) the Toyota key in Mr. Avery's bedroom with Mr. Avery's DNA; and
6) Ms. Halbach's DNA on the damaged bullet found in Mr. Avery's garage.

The State convicted Mr. Avery on this ludicrous theory because trial defense counsel only had two experts to combat the State's 14 experts. One of the trial defense counsel's experts performed at a substandard level, and the other was not as qualified as the State's expert. Trial defense counsel claimed evidence was planted but failed miserably in proving that assertion by lacking experts in bloodstain pattern analysis, DNA, ballistics, forensic fire, trace, forensic pathology, and police procedure and investigation. Additionally, trial defense counsel failed to conduct a thorough investigation of the victim's background, deleted cell phone calls, potential third party suspects, or to construct an accurate timeline of Ms. Halbach and Mr. Avery's activities on October 31, 2005. ...

Trial defense counsel, by not carefully reviewing the discovery and not having the appropriate experts, failed to realize the following:

1) Mr. Avery's groin swab had been substituted for the hood latch swab by law enforcement;

2) the key discovered in Mr. Avery's bedroom was a sub-key and was planted by Lt. Lenk and Sgt. Colborn immediately before its discovery;

3) Ms. Halbach's voicemail messages had been deleted by the killer to keep her voice mailbox open and delay her family and friend's realization that she was missing;

4) Ms. Halbach's last appointment was at the Zipperer's not the Avery's, and the CD of her voicemail left on the Zipperer's answering machine was concealed and/or destroyed by the State to mislead the jury into believing Ms. Halbach's last stop was Mr. Avery's;

5) the fuel level in Ms. Halbach's car was concealed by the State so that the mileage the vehicle had been driven on October 31 could not be determined, thereby preventing Mr. Avery from arguing that Ms. Halbach's vehicle had been driven many more miles after it left his property;

6) Ms. Halbach was at a higher risk for being a victim of violence because of her involvement in nude photography and her affair with a married man and with her ex-boyfriend's best friend;

7) Ms. Halbach's ex-boyfriend was verbally and physically abusive to her during their relationship;

8) Ms. Halbach's ex-boyfriend had sustained visible injuries to his hands, from fingernail scratches, around the time of her disappearance; and

9) Ms. Halbach's ex-boyfriend initially gave the police a false name, minimized his relationship with her, lied about crime scene evidence, controlled and led the searchers to Ms. Halbach's vehicle, had unrestricted access to the Avery property to plant evidence, assisted law enforcement in locating her car, and was living in her house after her murder in complete control of the evidence, disseminated to law enforcement, from her personal papers and effects. ....

Prior post-conviction counsel never had an investigator develop evidence about third party suspects that would meet the Denny standard, and they never hired experts in blood spatter, DNA, ballistics, forensic fire, trace, forensic pathology, police procedure and investigation, brain fingerprinting, or prosecutorial misconduct, or a competent forensic anthropologist, or investigator. Current post conviction counsel has retained 10 experts and 2 investigators who have developed strong evidence that undermines confidence in Mr. Avery's verdict. ...

THE SOURCE OF STEVEN AVERY'S BLOOD THAT WAS PLANTED IN THE RAV4

On the evening of November 3, 2005, Mr. Avery was having dinner at his mother's residence and when he walked outside her residence, a uniformed officer pulled up in a MCSD squad car and asked if he could speak with him. Later, Mr. Avery learned that this individual's name was Sgt. Colborn. Sgt. Colborn asked Mr. Avery if a female from AutoTrader Magazine had come to the property on Monday to take pictures of a vehicle they were selling. Mr. Avery told Sgt. Colborn that a female from AutoTrader had come to the property at approximately 2:30 p.m. and had photographed a van his sister was selling. Mr. Avery contended that she was on the property for less than five minutes. Mr. Avery told Sgt. Colborn that he noticed her photographing the van and he exited his trailer to pay her. Mr. Avery observed Ms. Halbach leave the property and turn left on Highway 147. Sgt. Colborn misrepresented, in a report written months later, that Mr. Avery said 3:00 p.m., not 2:30 p.m. Mr. Avery's affidavit is consistent with all of his prior statements to police that Ms. Halbach was on the Avery property sometime between 2:00 p.m. and 2:30 p.m. (Affidavit of Steven A. Avery, Sr., "Affidavit of Steven Avery," attached and incorporated herein as P-C Exhibit 4).

Mr. Avery then drove his Pontiac Grand Am from his parents' residence to its usual parking spot in front of his garage. Mr. Avery then walked next door to his sister's trailer, where he attempted to unhitch the trailer. In so doing, Mr. Avery broke open the cut on the middle finger of his right hand. His finger was dripping blood as he walked back to his car to retrieve his cell phone charger. While in his car, Mr. Avery dripped blood from his finger onto the seats and the gear shift. From his car, Mr. Avery walked to his trailer, entering through the door at the south end. Mr. Avery dripped blood on the floor as he entered the bathroom to find a piece of tape to put on the cut. Mr. Avery dripped blood onto the rim and basin of the sink and the bathroom floor. He did not wash away or wipe up the floor or sink because his brother Charles Avery ("Chuck") was waiting for him to go to Menards in Manitowoc with him. He hastily wrapped his finger in masking tape and exited the trailer through the front door. Mr. Avery forgot to lock the south door on the front of the trailer. He did not clean the blood out of his sink prior to leaving the trailer at approximately 7:30 p.m. to go to Menards with his brother Chuck. (Affidavit of Steven Avery, P-C Exhibit 4). Menards in Manitowoc was an approximately 23-minute drive from the Avery property (Affidavit of Steven Avery, P-C Exhibit 4). Mr. Avery and Chuck checked out at Menards at 8:06 p.m. (Menards Surveillance Video, attached and incorporated herein as P-C Exhibit 5).

Blood stains were noted on the molding (Item AA) and the inside living room door (Item CQ) of Mr. Avery's trailer (3/31/2006 WSCL DNA Report, attached and herein as P-C Exhibit 6, STATE 5245, 5249). Mr. Avery's Pontiac was unlocked and visible blood was on the gear shift. Anyone who examined the interior of his trailer or vehicle would have recognized that the locations of the various blood stains indicated Mr. Avery had a cut on his hand (Affidavit of Steven Avery, P-C Exhibit 4).

Mr. Johnson, a family friend of the Avery's and owner of Mr. Avery's trailer, remembers observing the cut on Mr. Avery's finger at least one week prior to October 31, 2005 (Affidavit of Roland A. Johnson, "Affidavit of Rollie Johnson," attached and incorporated herein as P-C Exhibit 7).

At approximately 7:30 p.m. [on November 3, 2005], Mr. Avery was exiting the Avery property onto Highway 147 when he observed taillights of a vehicle close to the front of his trailer (Affidavit of Steven Avery, P-C Exhibit 4; Menards Surveillance Video, P-C Exhibit 5). Mr. Avery contends that the only way the vehicle could enter his property from the direction it was pointed was if it was driven by way of Kuss Road and then across the field to the front of his trailer. Mr. Avery believes the vehicle's taillights were similar to those of the RAV-4 and not a squad car. Mr. Avery instructed his brother Chuck to turn around and drive back to the trailer, but by the time they drove back to Mr. Avery's trailer, the vehicle had departed into the darkness (Affidavit of Steven Avery, P-C Exhibit 4). Mr. Avery and Chuck went to Menards and the county jail to drop off money for Mr. Avery's girlfriend (Affidavit of Steven Avery, P-C Exhibit 4). Mr. Avery arrived home at approximately 10:00-10:30 p.m. Mr. Avery did not enter the bathroom and went straight to bed (Affidavit of Steven Avery, P-C Exhibit 4).

On November 4, 2005, Mr. Avery awoke at his normal time of 6:00 a.m. When he entered the bathroom of his trailer to take a shower, he observed that most of the blood in and around his sink had been removed (Affidavit of Steven Avery, P-C Exhibit 4).

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).

At 10:30 a.m. on November 4, 2005, Lt. Lenk and Det. Remiker arrived at the Avery property to interview Mr. Avery (Pages from MTSO Summary Report, P-C Group Exhibit 11, STATE 80). In the early evening, Mr. Avery smelled cigarette smoke when he entered his bedroom to retrieve a cable for his mother's television. Neither Mr. Avery nor his girlfriend smoked. Mr. Avery believes his trailer was entered unlawfully a second time (Affidavit of Steven Avery, P-C Exhibit 4; 11/9/05 Interview of Steven Avery and Execution of Search Warrant, "11/9/05 Execution of Search Warrant," attached and incorporated herein as P-C Exhibit 9, STATE 553-54).

On November 5, 2005, when Mr. Avery was preparing to leave for a trip to the family properly in Crivitz, he noticed the south front door of his trailer had been pried open. Specifically, Mr. Avery observed pry marks on the south door of his trailer (Affidavit of Steven Avery, P-C Exhibit 4; Affidavit of Rollie Johnson, P-C Exhibit 7). He remembered locking this door after Lt. Lenk and Det. Remiker left on the morning of November 4, 2005 (Affidavit of Steven Avery, P-C Exhibit 4).

As Mr. Avery's brother Chuck left for Crivitz [on November 4, 2005], he observed headlights in the area where Ms. Halbach's vehicle was discovered by the pond. Chuck called Mr. Avery at 7:20 p.m. to check on the headlights, but by the time Mr. Avery arrived by Chuck's trailer, the lights were gone (Affidavit of Steven Avery P-C Exhibit 4; Page from Steven Avery's Phone Records, attached and incorporated herein as P-C Exhibit 10; Pages from MCSD Summary Report verifying Chuck's phone number, attached and incorporated herein as P-C Exhibit 11, STATE 93). ...

BLOOD PATTERN ANALYSIS

Mr. James, a renowned blood spatter expert, has examined all of the relevant blood spatter evidence produced in discovery to trial defense counsel. Mr. James oversaw a number of blood spatter experiments and formed opinions based upon a reasonable degree of scientific certainty as a bloodstain pattern analyst.

Mr. James, based upon the experiments that he oversaw, opines that the blood spatter found in the RAV-4 was selectively planted because the experiments demonstrated that if the State's theory that Mr. Avery was actively bleeding from the cut on his right middle finger was true, then blood would have been deposited in many more places in the RAV-4 than where it was deposited.

The blood spatter experiments conducted with actual blood on the subject's middle finger conclusively demonstrate that the blood would have been deposited on the RAV-4's outside door handle, key, key ring, steering wheel, the gear shift lever, brake lever, battery cables, and hood prop. The blood found in the RAV-4 was only deposited in six places, not 15, and consisted of small drops of blood in the front of Ms. Halbach's RAV-4 on the driver and passenger seats, driver's floor, and the rear passenger door jamb.

Mr. James oversaw experiments that conclusively refute Mr. Kratz's argument that the "sheer volume, the sheer number of places rule out that the blood in the RAV-4 was planted." The experiments demonstrated that it was actually a small amount of blood that was planted in the RAV-4, and it was selectively dripped and one stain most probably was applied with an applicator (Affidavit and CV of Stuart James ("Affidavit of Stuart James"), attached and incorporated herein as P-C Group Exhibit 16).

Mr. James opines that the blood flakes detected on the carpet of the RAV-4 were planted because experiments demonstrated that blood dripped on RAV-4 carpeting would be absorbed in the carpet and would not form flakes on top of the carpet (Affidavit of Stuart James, P-C Group Exhibit 16).

Mr. James opines that the most likely source of Mr. Avery's planted blood was the blood deposited by Mr. Avery in his sink on November 3, 2005, and not blood from the 1996 blood vial. Mr. James, because of his familiarity with EDTA blood vials, opines that the hole in the top of the 1996 blood vial tube was made at the time Mr. Avery's blood was put in the tube, and the blood around the stopper is a common occurrence and does not indicate that the tube was tampered with (Affidavit of Stuart James, P-C Group Exhibit 16).

Mr. James opines that the blood spatter on the inside of the rear cargo door was the result of Ms. Halbach being struck with an object consistent with a hammer or mallet while she was lying on her back on the ground behind the vehicle after the rear cargo door was opened.

Mr. James opines that the State expert, Mr. Stahlke, mistakenly described the blood on the rear cargo door as having been projected from Ms. Halbach's bloodied hair after she had been shot and as she was thrown into the cargo area of the vehicle (Affidavit of Stuart James, P-C Group Exhibit 16).

Mr. James, by overseeing a series of experiments, opines that the State's description of the cause of the blood spatter on the rear cargo door, resulting from Ms. Halbach being thrown into the cargo area and blood being projected from her bloodied hair on the cargo door, is demonstrably false (Affidavit of Stuart James, P-C Group Exhibit 16).

The erroneous blood spatter testimony of the State's expert Mr. Stahlke resulted in the State presenting a false narrative to the jury about the sequence of events surrounding the attack on Ms. Halbach. The State presented a scenario where Ms. Halbach was already fatally injured in Mr. Avery's garage prior to being thrown in the back of the RAV-4. The experiments overseen by Mr. James demonstrate that Ms. Halbach was struck on the head after she opened the rear cargo door. She fell to the ground next to the rear bumper on the driver's side where she was struck repeatedly by an object similar to a mallet or hammer (Affidavit of Stuart James, P-C Group Exhibit 16).

Bloodhound and Cadaver Dog Alerts Exculpated Steven Avery Yet Were Ignored

Joshua Radandt gave an affidavit, which was included in Kathleen Zellner's motion for post-conviction relief filed on June 7, 2017.

The following is part of Radandt's affidavit (when he says "later that week," he is talking about the week following Teresa's disappearance, and "later that week" would be November 10th or 11th, but not November 12th since that is the day the contents of "deer camp burn barrel #2" were processed):

I told the officers that I saw a fire, orange in color, when I was driving from the Radandt sand and gravel pit to the hunting camp on October 31, 2005, at approximately 5:00 p.m. I told the officers that I saw the fire from the direction of the Avery property. Because it was dark or getting dark when I saw the fire, I was not sure where exactly the fire was located. I did not observe any smoke coming from the fire.

The fire did not appear to be spread out and its flames appeared to be 2.5-3 feet in height. These characteristics were consistent with my personal knowledge of burn barrel fires. Because I observed these characteristics, I assumed the fire was contained in a burn barrel. I did not see whether the fire was actually contained in a burn barrel.

After I told them this information, the officers asked me to follow them by automobile over public highways to the business area of Avery's Auto Salvage, where law enforcement had a command post. There, I made a written statement at approximately 5:30 p.m.



Less than one week after I provided that written statement, two officers, who I believe were from the Wisconsin Department of Justice, met me at the hunting camp to discuss the fire I saw. I remember them asking me if I was sure that I saw what I said I saw. It seemed to me that they weren't satisfied with my statement about the fire. Specifically, it seemed to me that they wanted me to change my story to include a larger fire. Because they were reluctant to accept my story as true, I eventually asked them what they wanted me to say. They told me that all they wanted was the truth. I advised them that I had been telling the truth.

At that time, I was told by DOJ agents that they believed that Teresa Halbach's vehicle was driven to the Kuss Rd cul-de-sac by driving west through an empty field, then south down the gravel road past the hunting camp until reaching an intersection with a gravel road that ran northeast into the Avery property.

They told me that they believed Halbach's vehicle turned northeast onto the gravel road and entered the Avery property at its southwest corner. It is my understanding that this theory was based on the work of scent tracking dogs.

I also read and heard it from others that law enforcement stated that they believed that Teresa Halbach's vehicle was stored somewhere on Radandt's property before it was moved to the southeast corner of Avery property.

Later that week I received a call from law enforcement on my cell phone. Law enforcement asked me to unlock my three hunting trailers so they could be searched. I left work and drove to the hunting camp. When I arrived there was nobody there. I unlocked my trailers and left.

It is my understanding that they were searched by law enforcement and scent tracking dogs.

Later that day law enforcement called my phone again. They informed me they completed their search and I could use them again normally.

During the course of the 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 camp they had the area cordoned off surrounding the burn barrel and had officers to watch the burn barrel day and night on a rotating basis until its contents were collected.

A few days after November 5, 2005, I remember seeing light in the Manitowoc County sand and gravel pit to the south of Radandt's property. I remember that the lights appeared to illuminate the entire Manitowoc County pit.

I understand that there were suspected human pelvic bones recovered from a gravel pit property south of Avery's Auto Salvage. Upon reviewing a map showing the coordinates at which these bones were found, I believe they were found in the Manitowoc County sand and gravel pit.

Prior to November 5, 2005, the only permanent security measures in place to prevent access to the Radandt sand and gravel pit by trespassers were "Private Property" signs posted at all entrances. There were locking gates or cables at each access road, but they were rarely used.

Approximately one or two months before the start of Mr. Avery's criminal trial in 2007, I was summoned to the courthouse. At the courthouse, I was questioned again about my recollection of seeing a fire in the direction of the Avery property on October 31, 2005. I was not called as a witness to testify at Mr. Avery's criminal trial in 2007.

CASO deputy Gary Steier's interpretation of Joshua Radandt's statements.


Radandt's deer camp off of Kuss Road and the Radandt gravel pit. Loof's handler Sarah Fauske and Deputy Rick Reimer worked this area. "K9 Loof went west in a picked cornfield. Directly to the south was a gravel pit and in between the two was an area of brush and trees. K9 Loof worked this area with indications of very strong scent. K9 Loof worked west coming out to a cul-de-sac that was taped off with crime scene tape and two deputies were not allowing access. K9 Loof crossed the tape on one occasion and then was told not to go any further. The deputies phoned Sheriff Pagel to see if I could continue but were told to not allow anyone access at this time."

The following is a summary on the impact of Joshua Radandt's affidavit (credit to redditer 7-pair-of-panties):

1. LE knew that RAV4 was stored on Radandt's property before being moved.
2. LE knew the route that RAV4 took to get where it was found.
3. LE found the bones, maybe even burned them themselves, and protected them round the clock till they could be planted and re-found in/near Steven Avery's burn pit. Do we have pictures of any of either location? Oh yeah, never mind that!
4. We have bright lights in the Manitowoc county gravel pit, illuminating everything. Could someone have been picking the best, most identifiable bones for the planting? Oops, they dropped a few along the way! Don't worry, we'll just try to convince/strong arm the neighbor into saying the fire was MUCH bigger than it actually was, and we'll just leave a few random bones around his property so he'll be sure to cooperate with us.
5. After reading Radant's statement, this case goes straight to the top!
6. Thank you for the truth Joshua Radant! Wish there were more like you around there. So sorry you got wrapped up for so long in all this.

Zellner noted in her June 7, 2017 motion that "Mr. Radandt has been unfairly targeted as a possible suspect because he owned land adjacent to the Avery property." She also noted: "Current post-conviction counsel has interviewed Mr. Radandt on two occasions and has been accompanied by him twice to view all of his property. No evidence exists that implicates Mr. Radandt in the murder of Ms. Halbach, and he has a solid alibi for the afternoon of October 31st, 2005."

Zellner wrote in her June 7, 2017 motion that law enforcement pressured Joshua Radandt to describe the fire he observed on October 31st around 4:30 p.m. as a large fire behind Steven Avery's garage, in an open burn pit, even though in his written statement on November 5th Radandt described the fire as being in a burn barrel. Radandt stated:

I remember them asking me if I was sure that I saw what I said I saw. It seemed to me that they weren't satisfied with my statement about the fire. Specifically, it seemed to me that they wanted me to change my story to include a larger fire. Because they were reluctant to accept my story as true, I eventually asked them what they wanted me to say. They told me that all they wanted was the truth. I advised them that I had been telling the truth.

The following in from Zellner's June 7, 2017 motion for post-conviction relief, in the section labelled, "Trial Defense Counsel Failed to Investigate the Veracity of the Police Reports Regarding Joshua Radandt" (Radandt was on both the prosecution's and defense's witness lists but neither team called him to the stand).

When Mr. Radandt told investigators that he saw a fire on the Avery properly on October 31, 2005, he described the fire as appearing to be contained to a fifty-five gallon drum. When investigators re-interviewed Mr. Radandt on November 10, 2005, they pressured him to describe the fire as large, behind Mr. Avery's garage, and in an open burn pit. Mr. Radandt never told investigators that the fire was behind Mr. Avery's garage. Mr. Radandt sets forth in his affidavit that he remembers seeing the fire, contained to a burn barrel, and between several trailers on the Avery property.

Trial defense counsel failed to investigate Mr. Radandt's observation of a fire on the Avery property. Had trial defense counsel investigated Mr. Radandt, they would have learned that investigators had pressured Mr. Radandt to exaggerate the size of the fire, and he refused to do so. If trial defense counsel had called Mr. Radandt as a witness, his testimony would have demonstrated to the jury that the investigators knew Ms. Halbach's vehicle had been driven through his gravel pit and planted on Mr. Avery's property. The jury would also have learned of the efforts of the investigators to pressure Mr. Radandt to exaggerate the size of the fire.

Regarding the burn barrels, Zellner wrote on page 76 of the motion filed on June 7, 2017:

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. 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. 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. If 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.

The area north of the Kuss Road cul-de-sac in the image above was a field in 2005, with a unpaved road that lead to the Avery property (see the field and the field road bordering the Avery property and Radandt quarry in the image below from November 2005).



The following is a report by Sarah Fauske, the handler for Loof the bloodhound, who, on November 5th, was tasked with tracking Teresa's scent (exhibit 46 of the motion for post-conviction relief filed on June 7, 2017).

Investigators would not allow Loof, with his handler Sarah Fauske and Deputy Rick Riemer, to cross the crime scene tape onto Kuss Road, the site of a possible burial site. Loof was "working this area with indications of very strong scent" when deputies, upon instructions from Sheriff Pagel, told Fauske and Riemer they were not allowed access.

After being spoken to by Sheriff Pagel, Deputy Sippel, Deputy Bowe and DCI agents, I explained my plamed areas of running tracks. My two areas of interest were where the vehicle was located on the south end of the property and the other being from the area that Teresa was last seen taking photographs of the van by the trailer of Steven Avery. Deputy Rick Riemer of the Calumet County Sheriff's Department was assigned to assist me on the tracks.

We walked down the driveway to the Avery property to the area where the van was sitting and for sale. I pre-scented K9 Loof and did a perimeter scent inventory. K9 Loof was harnessed, given the scent article of the insole [of Teresa's shoe] and given the command of "Find."

Having started approximately 50 feet east of the van, K9 Loof immediately went to the front portion of the van for sale. K9 Loof continued west going to a black F350 parked in the driveway in front of a garage. K9 Loof went to both doors of the truck. K9 Loof then went directly to the service door of the garage and worked her nose along the bottom of the actual overhead garage door, showing much interest.

K9 Loof worked west around the side of the garage but was unable to continue due to a large aggressive appearing German Shepard. K9 Loof wanted to continue around the garage.

K9 Loof went up to the south door of the trailer home. The door having a small porch entrance and the door was white in color. K9 Loof wanted to enter the home. K9 Loof continued north along the trailer and went between some pine trees and a burning barrel. K9 Loof smelled a charred area showing some interest then continued west.

K9 Loof went west in a picked cornfield. Directly to the south was a gravel pit and in between the two was an area of brush and trees. K9 Loof worked this area with indications of very strong scent. K9 Loof worked west coming out to a cul-de-sac [at the end of Kuss Road] that was taped off with crime scene tape and two deputies were not allowing access. K9 Loof crossed the tape on one occasion and then was told not to go any further. The deputies phoned Sheriff Pagel to see if I could continue but were told to not allow anyone access at this time.

K9 Loof was unharnessed and we waited for further instructions.

K9 Loof worked consistently as she does while working "strong scent."

Witnessed by Deputy Rick Riemer.

On 11/3, Avery attempted to unhitch a trailer and broke open a cut on the middle finger of his right hand. His finger was dripping blood as entered his trailer through the south door. He dripped blood on the floor as he entered the bathroom to find a piece of tape to put on the cut. He dripped blood onto the rim and basin of the sink and the bathroom floor. He did not wash away or wipe up the floor or sink because his brother Chuck was waiting for him to go to Menards in Manitowoc with him. He hastily wrapped his finger in masking tape and exited the trailer through the front door. Avery forgot to lock the south door on the front of the trailer. He did not clean the blood out of his sink prior to leaving the trailer at approximately 7:30 p.m. to go to Menards with his brother Chuck. The killer, observing the Avery property from a secluded spot off of the Kuss Road cul-de-sac, saw Avery leave. The killer entered Avery's trailer using the unlocked south entry door. The killer intended to steal something with Avery's DNA to put in Teresa's RAV4. The killer noticed fresh blood in Avery's bathroom sink. Having a background in science, the killer collected the blood and planted it in the RAV4.


Avery's backyard with above-ground pool: a raised berm lined by trees and brush (the berm, trees and brush are to the right of the pool) separates the backyard from Radandt's gravel pit (Avery's garage is at the top left of the photo) 


Maps of the track from the cul-de-sac at Kuss Road to the driveway of the deer camp, which continued on from the deer camp into the quarry. The entrance to the camp driveway juts out from the wide area of the cul-de-sac (below where the red line turns sharply in the bottom image and at the start of the yellow image in the top image). However, in the top image the red line is too far to the left; the yellow line is the track described in Joshua Radandt's affidavit. 

The following is a report from Great Lakes Search and Rescue Report, which was attached as an exhibit to Zellner's post-conviction petition.

GLSAR [Great Lakes Search and Rescue] members arrived on scene at the roadblock at CTH Q/Hwy 147 in Manitowoc County at 2:45 pm on November 5, responding to a page from Manitowoc County Sheriff's Dept.

At approximately 3:30 pm, one cadaver dog team was requested to proceed to the command post on the Avery salyage yard property. The dog selected was K9 Brutus, a 9-year old Belgian Malinois with extensive search experience and handler Julie Cramer with back up handler Bob Cramer.

Upon arrival at the command post, it was requested that K9 Brutus proceed into the salvage yard and check the area of a car crusher and vehicles located on the southeast corner of the property. 

Brutus checked the car crusher and numerous vehicles as he worked in a southernly direction. He turned to proceed west and gave a headcheck and rushed to a green vehicle [Teresa Halbach's RAV4], partially covered by blue tarp. 

He began to bark, which is his trained alert behavior, indicating the presence of human decomposition. (ALERT #1)

After investigators noted his response and identified the vehicle as belonging to the victim, we continued to work vehicles in the area.

Brutus showed interest along the berm south of the vehicle.

We proceeded into the gravel pit immediately south of the victim's SUV, and while he seemed agitated, no second alert was given in that area.

At the southern edge of that gravel pit, in the western corner along a road that ran along a gravel conveyor, K9 Brutus again began to bark. Several spent shell casings were noted in the area, but no scent source was located at that time (ALERT #2).

We continued around the gravel pit, returning to the area of the salvage yard, checked the pond area directly north of the victim's vehicle, rechecked the car crusher, and returned to command post.

At this time 4 teams: K9 Lucy, K9 Trace, K9 Rieseling and K9 Cody, were sent to begin checking vehicles in the salvage yard.

During this search, the four dog teams used the existing roads through the salvage yard to create grid patterns and did a specific vehicle checks of each vehicle their areas. Two teams reported an alert in the same area.

Both K9 Lucy and K9 Trace alerted in area of the salvage yard along the gravel conveyor in the southwestern section of the yard (ALERT #3). This area was north of the area of Alert 2. While both dogs alerted, no scent source was located at this time.

K9 Brutus was now re-assigned to check various specific areas/buildings with investigators. We first moved to the red mobile home, identified as Steven Avery's. We checked the interior of the residence. Brutus checked the bedroom area with increased interest, but no alert. He alerted in the bathroom/laundry room with his trained bark alert (ALERT #4). No source scent was visible at the time. No other interest inside the residence.

Moving outside, we checked an area with 4 burn barrels. K9 Brutus alerted on one of the barrels with extreme animation and excitement (ALERT #5). We moved east to numerous outbuildings and machine sheds, checking ATVs, diggers, front end loaders and trailers, as well as building interiors. K9 Brutus alerted on some car parts in the maintenance building (ALERT #6) and on a golf cart parked in a small building behind the main residence on the property (ALERT #7). Brutus then returned to the command post.

All GLSAR canine cleared the scene after completing these assignments.

It should be noted that on November 5 during the hours that the dog teams worked, the weather worsened. Heavy rains and darkness hampered attempts to locate the scent sources the dogs alerted on. All indications were reported to the command post, and law enforcement officers accompanied each GLSAR dog team.

On November 6 GLSAR mernbers arrived at the search scene at the Avery Salvage yard at 7:30 am, responding to a page from the Manitowoc Sheriff's Dept.

Initially 2 (HRD) cadaver dogs were given assignments.

Lucy was sent to check perimeters of building and structures in the compound. K9 Lucy showed increased interest in the area of a breezeway between a light green residence and garage, however, no alert was given.

K9 Brutus was sent to recheck the area of the car crusher and vehicles in the southeast corner of the salvage yard. Brutus alerted on 2 vehicles (ALERT #8) that were parked on the west side of the pond, north of where the victim's vehicle had been the previous evening. It appeared that blood in these 2 vehicles may have resulted from the event damaging the vehicles, however, both vehicles were flagged and rechecked by K9 Lucy.

Both Brutus and Lucy checked the pond in that area with no alerts. As we exited the salvage yard, Brutus alerted on the entrance to a mobile home along the gravel drive, identified as the home of Charles Avery (ALERT #9).

K9 Simon and K9 Cody were dispatched to check vehicles parked in fenced area west of the main salvage yard, along a gravel road that was west of Steven Avery's residence. Both dogs cleared their area with specific vehicle checks, neither reporting any alerts.

K9 Trace checked the exterior of Steven Avery's residence and red van in driveway without alert.

At this time 4 dog teams were sent to check the gravel pit immediately south of the salvage yard. 

K9 Lucy, K9 Trace, K9 Rieseling, K9 Simon set up a grid pattern to clear this area.

K9 Lucy reported an alert in the same area that the dogs had alerted the previous evening, labeled Alerts 2 and 3 (ALERT #10).

K9 Simon and K9 Lucy returned to cornmand post after completing the area of the gravel pit south of the salvage yard.

K9 Trace and K9 Reiseling proceeded to an area of 2 ponds west of the salvage yard, being searched by the Winnebago Dive team. These dogs cleared the quarry south of the ponds, and then returned to base, no alerts reported in this area.

The next area searched by GLSAR K9 was the gravel pit, east of Avery Road, north of the salvage yard. K9 Cody, K9 Simon, K9 Harley and K9 Kova gridded that quarry, working from south to north. An alert was reported in the center of the pit, along a sand pile, and marked with a tag (ALERT #11). This area was marked by K9 Kova and rechecked by K9 Simon and K9 Cody, both of whom showed interest....with K9 Cody alerting just north of that location.

Upon completion of these assignments, GLSAR handlers and teams from Midwest K9 cleared the scene after meeting with Lt. Brett Bowe at the Command Post.

Other canine with civilian handlers were on scene at this time.

On November 6, weather was again a factor working against the dogs. There was rain and sleet early in the day, with high winds. Dog handlers set up varied grid patterns to account for wind conditions. Alerts were reported to back up personnel and command post.









On Monday November 7, Julie and Bob Cramer responded to the scene with K9 Brutus and K9 Trace at the request of Investigator Dedering of the Calumet County Sherift's Dept.

We arrived on scene at 11:30 am and were asked to recheck the gravel piles east of Avery Road, where dogs had alerted the day before. K9 Brutus went over the area carefully but did not alert at the flagged location or in the area of that gravel pit.

We then proceeded to a location we were requested to check on Kuss Road, where a potential burial site had been located.

Upon arrival there K9 Brutus checked the area, and after passing the area upon entry in the wooded area, he gave a headcheck, returning to the location and gave his bark alert (ALERT #12) and seemed to be particularly interested in a shovel lying next to the disturbed earth.

We were cleared from that location, but returned a short time later to recheck the area. The shovel had been removed and was to be checked separately. Neither dog showed any interest on the shovel.

K9 Trace checked the wooded area first, and did not alert, but did show interest, increased animation and high headchecks. 

Upon returning to the area a second time, K9 Brutus again barked and alerted near the area of disturbed earth.

We then returned to the Command Post and were asked to re-check the trailer belonging to Charles Avery, where there had been an alert a day prior (ALERT #9). At the exterior of the home, Brutus again barked at the door and scratched to enter the residence. K9 Trace also barked at the front door. Once inside the trailer, K9 Brutus proceeded to check the interior, alerting inside a bedroom at the bed and a pile of clothing. He was very agitated but no sense source was noticed.

On this date, we were able to orient our alerts and summarize the work of the last 2 days on a large map in the command post. This provided a better overview for our team leadership on areas that needed additional coverage. We were also better able to provide appropriate resources for assignment.

On November 8, Julie Cramer with K9 Brutus and K9 Trace and Grace Salm with K9 Cody responded to the scene arriving at noon. We were dispatched to the Malle property on CTH Q just outside the village of Larrabee to check some ponds and a hunting club location. The 2 canine teams divided the area and worked a grid pattern, checking ponds, buildings and wooded areas with no alerts reported.

K9 Brutus was then sent to check the berm just west of Steven Avery's property. There was report of a suspicious looking pile of disturbed earth. Brutus showed no interest in pile, but did alert on a pile of brush and trash just west of the Avery residence (ALERT #13) and was very excited along the edge of the berm. This excitement continued as we proceeded south along this ridge and he carefully checked brushy areas west of the Avery yard and along the edge of the salvage yard. His behavior was noted by law enforcement personnel in the area, who indicated that mantrailing bloodhounds had also been interested in the same area.