Saturday, January 26, 2019

Teresa Halbach's Credit Cards




Teresa Halbach Visa credit card
by N64_Controller, TickTockManitowoc

Law Enforcement researched three of Teresa Halbach's credit cards, with the last 4 digits 1230, 7139, 3459.

CASO page 27:

On Friday, 11/04/05 at 0845 hrs., I (DEDERING) did contact CHASE BANK regarding TERESA HALBACH's Credit Card Number 4266 8410 2863 1230.

The purpose of my call was to determine whether there had been any activity on this credit card since 10/31/05. I was informed by the representative of CHASE BANK that the last activity on this card was Friday, 10/28/2005. Charges were made to a PAPA MURPHY'S PIZZA in Appleton and a WAL-MART in Appleton. The individual I spoke with was unable to provide me with any information regarding addresses for either business place.

At 0900 hrs., I did contact BANK ONE (which had been bought out by CHASE) regarding a second credit card, that being 4266 8121 3423 7139. The representative advised me that this card does not appear to be activated.

The representative then advised me that they had a second card listed for TERESA HALBACH that being 5369 9354 7002 3459. The representative advised me that this is a MASTERCARD, which has a $ 1,000 line of credit and that there are $246 available on this account.

The representative advised me that the last activity on this particular MASTERCARD was on Saturday, 10/29/2005 and it was used at an EXXON fuel station in DePere, WI. A $38.06 charge was posted on this account.

The individual who I spoke with indicated that BANK ONE was going to be flagging both accounts for activity (the account ending on 1230 as well as the account ending in 3459). They indicated in the event any transactions were made that they would contact us.

I had received the credit card information regarding card numbers from Inv. WIEGERT who had obtained a large file of records from the TERESA HALBACH residence on Thursday, 11/03/05.



Teresa's Visa card ending in 9903 and expiry date of 03/2009 is not mentioned in the CASO investigative report (image above).

15 hits in CASO when searching for the word 'credit'. Page 27 contains three credit card numbers. None end with 9903. 

Other credit cards are mentioned and investigated but not this Visa credit card number ending in 9903.

Coincidences do exist but I wonder if LE investigated the transactions on this Visa.

Were there transactions on this credit card on 10/31? Did transactions stop on 10/31?

Does anyone have more information about this card? Is it mentioned in any of the reports?

I did read that credit cards with a magnetic strip are usually valid for 3, 3.5 or 4 years.
Random quote 1: 
Everyone knows that credit cards have expiration dates, but does anyone know why? Well, the reason is that the magnetic strips on credit cards wear out after about 3 or 4 years. 
Random quote 2: 
My own credit card is valid for 3.5 years after issuance.
A credit card expires every 3 to 4 years: 3.5 years would be September 2005.

If this Visa expired in 03/2006, 03/2007 or 03/2008 that would be very believable.

But to have it expire on 03/2009, with a probable validity term of 3.5 years, means it would have been acquired in September 2005, like quite a few other resources of TH.

Please explain this to me my fellow sleuths.

Also, why does a report show TH's mobile phone was activated on 08/31/05?

Also, why does a report show TH's license plate was received on 08/31/05?

https://m.imgur.com/6fXDDg5

https://m.imgur.com/kPvdv8E

http://imgur.com/0ke7eTE

Documentation of TH subscriptions and activations coincide with the depositions that were not going well for the perpetrators of Steven Avery's first wrongful conviction.

I'm sharing this discovery of a possible previously unknown credit card used by the supposed victim of a murder, and I've sent this info to Kathleen Zellner because it is legit.

Besides the interesting expiry date, it also would be interesting to find out if this Visa card was last used on 10/31...

If this credit card was used after 2:30pm on 10/31 that could be huge because it would destroy the State's timeline.

[–]powerparticle

She also registered her website just a month before the murder:

https://www.reddit.com/r/TickTockManitowoc/comments/5qrdjn/teresaphotocom/

[–]N64_Controller[S]

The first 2 imgurs were shared in a comment in a post by flower reflection.

Those findings seem to match with the creation of TH's website teresaphoto.com on 09/27/2005 and possibly the activation of a previously unknown credit card in September 2005.

This follows the theory that TH and her profession were created as part of a plan hatched by the government/LE to frame SA.

[–]FlowerInMirror

Thanks Xbox for the honorary mention :) Yes she seemed to be busy during that period of time.

She also called an insurance company?

And the harassment calls mentioned by TP are consistent with the theory that she was being urged by LE to disappear. Noticed he said "them" (plural) first. We can't find any clues of a single stalker from the phone records, let alone multiple stalkers? If it's LE then no trace?

[–]demanda_libertas

Also don't forget about the trust created for TH in September 2005, and the whole 'dairy farm' theory.

https://www.reddit.com/r/TickTockManitowoc/comments/4rv2op/dairy_farm_theory/

The Visa of Teresa part 2
by N64_Controller, TickTockManitowoc

https://imgur.com/a/JKFsUi5

Last week I made a post about a Visa credit card that seems to be missing from the case files.

I asked if anyone knew about this card; no one confirmed they did.

So in this post I will show you why I think it's odd this credit card is undocumented.

Timeline regarding website, credit card and investigation:

On September 27, 2005 Teresa Halbach buys the domain name teresaphoto.com (image at the top of this post).

Source: https://imgur.com/0uYvYRE

In the period following September 27, 2005 Mike Halbach assists in creating the website. He designs and uploads graphics using Teresa's account and password.

Steven Avery Trial Day 1
MICHAEL D. HALBACH
Cross-Examination by ATTORNEY STRANG

Q. Did you -- Did you have access to her computer passwords or account information for, like, her cell phone, for example, or bills, that kind of thing?
A. Cell phone, yes; computer password, yes.
Q. She had shared that with you at some time earlier?
A. I did business work for her, website graphics, so --
Q. Oh.
A. I, yeah, I just knew it through that.
Q. So, you knew it through that --
A. Correct.
Q. -- because you would have a reason to get on to her computer to help her with her website?
A. Well, I didn't have to go on her computer, but I had to connect to a web host --
Q. Sure.
A. -- just to put stuff for her website, so.

Source: Steven Avery jury trial transcript day 1 page 183, 184
Google: site:stevenaverycase.org jury trial transcript day 1

On October 31, 2005 Teresa Halbach goes missing.

Source: https://youtu.be/UFWmOFwgntw

Calumet County Sheriff's Office investigates the disappearance of Teresa.

Part of the investigation involves tracking the last transactions on Teresa's credit cards with last 4 digits 1230, 7139, 3459.

John Dedering contacted BANK ONE and asked them to monitor the active cards and contact CASO immediately if there was any activity 

https://imgur.com/wMag3QG

Ken Kratz opening statement on Steven Avery Trial, day 1

"We also looked at those early stages for whether or not she used any of her credit cards. Where is Teresa Halbach? We try to find that out." 

CASO Page 3, Reporting Officer Leslie Lemieux, 11/03/05

"We located several credit card and banking statements, a current photograph and a personal journal for TERESA, which were turned over to us."  

CASO Page 27, Reporting Officer John Dedering, 11/04/05

"I had received the credit card information regarding card numbers from Inv. WIEGERT who had obtained a large file of records from the TERESA HALBACH residence on Thursday, 11/03/05."

Source: CASO report page 3, 8, 27
Source: Steven Avery jury trial day 1 transcript page 80
Google: site:stevenaverycase.org caso investigative report
Google: site:stevenaverycase.org jury trial transcript day 1

On November 5, 2005, John Dedering delivers Teresa Halbach's laptop to computer forensics technician Mike Velie.

On February 9, 2006, Ken Kratz mentions MV's report.

Grand Chute Police Department: Computer Forensics Report of Detective Mike Velie – Analysis of Teresa Halbach’s Computer (409 pgs).

Source: CASO report page 55
Source: Kratz correspondence page 12
Google: site:stevenaverycase.org caso investigative report
Google: site:stevenaverycase.org kratz correspondence regarding discovery

TL;DR

LE obtained a large file of TH's financial records and her laptop

JD investigated TH's credit card transactions

MV analyzed TH's laptop

MH was assisting TH, in the month leading up to her disappearance, with creating her website

MH knew (some of) TH's passwords; he testified using her password to access her website and (supposedly) check her voicemails

RH 'hacked' his way into TH's cellphone records

Something to ponder

Law enforcement, family and friends turned Teresa's life upside down trying to find her.

Yet the Visa credit card that Teresa used the previous month to buy a domain name and website hosting package seems to be missing from the investigation.

The following link contains a redacted receipt regarding teresaphoto.com and, again, the Visa credit card ending with digits 9903.

Teresaphoto.com receipt

Last post I asked if anyone knew anything about this credit card.

This time my question is, what could be the reason this credit card is nowhere to be found in the CASO Investigative Report?

UPDATE 12/17/2019: Also missing from the CASO Investigative Report is Teresa's credit card with Bank of America.

Teresa's bank records recently were obtained by FOIA.


https://drive.google.com/drive/folders/1WSKwmTauF638FGpbd8aJ_jzy6TJsZuKm

Teresa wrote a check to Bank of America on September 27, 2005 in the amount of $100. In the memo section of the check she wrote: 4888 6031 2990 6087, which is a credit card number, not a checking or savings account number.



The Visa of Teresa part 3: Walmart
by N64_Controller, TickTockManitowoc
June 7, 2019

Part 1, just after posting, got downvoted like hell.

Part 2 contains the info. The domain and hosting for Teresaphoto.com was paid for with a Visa credit card ending with the digits 9903.

In the comments of that post fellow truthers suggested this credit card could possibly be a:

gift card
debit card
parents card
Mike's card
new card for business used only once

I now believe this credit card, missing from the CASO investigative report, was a personal credit card of Teresa.

The 9903 Visa has been identified to having been linked to Teresa's personal Walmart.com account (see image below).

It was not linked to any of her 3 known business e-mail addresses.

First post I asked if anyone knew anything about this credit card.

Second post I asked for possible reasons this credit card is nowhere to be found in the CASO investigative Report.

Today, knowing the Visa credit card ending with digits 9903 was also linked to Teresa's personal Walmart account, I ask you:

Is there a valid explanation for the absence of the Visa of Teresa in the CASO investigative report?

Friday, January 25, 2019

Motion to Stay Steven Avery's Appeal and Remand the Cause for a Hearing

MARCH 11, 2019 UPDATE:

[WBAY] Steven Avery's attorney has filed a motion asking the circuit court to reverse his conviction for the 2005 murder of Teresa Halbach and order a new trial. The motion also requests a new judge to preside over the case.

Kathleen Zellner filed the post-conviction relief motion March 11 in Manitowoc County. The case, which had been in the appeals court, was sent back to circuit court so Zellner could file this motion.

The motion says the State of Wisconsin "spent an enormous amount of time and effort perpetrating a fraud upon Steven Avery's jury" during his 2007 trial for 1st Degree Intentional Homicide. Zellner claims that the state "created a narrative that Teresa Halbach was murdered in Mr. Avery's garage and burned in his burn pit."

Zellner says it is possible that remains found at a Manitowoc County gravel pit belonged to Teresa Halbach, and that would have poked a hole in the prosecution's theory that Halbach never left the Avery property on the day of her murder -- Oct. 31, 2005.

The state handed the gravel pit remains over to the Halbach family in 2011.

"The State, by its actions in returning Manitowoc Gravel Pit bones to the Halbach family in 2011, has implicitly admitted that the bones were not only human but that they belonged to Ms. Halbach," reads the motion.

The motion claims the State of Wisconsin violated Youngblood v. Arizona when it returned the bones to the Halbach family but failed to inform Steven Avery about it.

Zellner also states that Special Prosecutor Ken Kratz concealed that there were gravel pit bone fragments.

"Because of Prosecutor Kratz's misrepresentations to the jury, Mr. Avery's conviction must be reversed," Zellner states.

The motion also calls for Judge Angela Sutkiewicz to remove herself from presiding over the Avery case in circuit court. Zellner says Sutkiewicz lacks the ability to be impartial.

"By virtue of having presided over the prior civil suit filed against Mr. Avery by the Halbach family for the death of Teresa Halbach, Judge Sutkiewicz should recuse herself from the pending post-conviction case, and it should be reassigned to a different judge," Zellner says.

Zellner also notes that Sutkiewicz and Kratz served together on a Crime Victim's Rights Board in 2007-2008. That's during the time frame of the Avery trial.



CLICK HERE to read the full motion.

Zellner also filed exhibits to supplement the motion. CLICK HERE to view the exhibits.

Action 2 News reached out to the Wisconsin Department of Justice for statement on the new filing. We have not received a response at the time of the publication.

No future hearings have been scheduled.

- END UPDATE -

DEFENDANT-APPELLANT'S MOTION TO STAY APPEAL AND REMAND THE CAUSE FOR PROCEEDINGS ON CLAIMS FOR RELIEF IN CONNECTION WITH THE STATE'S VIOLATION OF WIS. STAT. § 968.205 AND YOUNGBLOOD V. ARIZONA

Defendant-Appellant, Steven A. Avery, Sr., ("Mr. Avery'') by his undersigned attorneys, Kathleen T. Zellner and Steven G. Richards, moves this Court to stay this appeal and remand the cause for a hearing on a claim for relief in connection with the State's violation of Wis. Stat. § 968.205 and Youngblood v. Arizona.

In support of this motion, Mr. Avery states as follows: Undersigned counsel has uncovered the State's violation of Wis. Stat. § 968.2.05 where it failed to (1) preserve certain suspected human bone evidence and (2) notify Mr. Avery and his attorneys of record of its intent to destroy such evidence.

Mr. Avery hereby moves for a remand to the circuit court to conduct proceedings consistent with the claim alleged herein.

After filing Mr. Avery's December 17, 2018, Motion, undersigned counsel discovered a previously undisclosed police report ("September 20, 2011 report"). Specifically, a third party provided counsel with a copy of the report.

The September 20, 2011, report reflects the Calumet County Sheriff''s Department's transfer of multiple suspected human bones from the Manitowoc County Gravel Pit to the Wieting Funeral Home for return to Ms. Halbach's family.

Specifically, the suspected human bones from the Manitowoc Quarry property tag numbers 7411, 7412, 7414, 7416, 7419-were returned to the Halbach family, according to the September 20, 2011 report.

The exhibits attached to Mr. Avery's December 17, 2018 Motion describe the location of the suspected human bones in the Manitowoc Gravel Pit, as reflected in Dr. Leslie Eisenberg's ("Dr. Eisenberg") report. (Group Exhibit 1 to the December 17, 2018 Motion)

In 2016, Suzanne Hagopian ("Ms. Hagopian") of the Wisconsin State Public Defender's Office ("WSPDO"), who had been Mr. Avery's prior postconviction and appellate attorney, provided to undersigned counsel's office entire file pertaining to WSPDO's representation of Mr. Avery.

The September 20, 2011 report is not present in undersigned counsel's file kept on this case. (Attached and incorporated herein as Exhibit B is the affidavit of Kurt Kingler, law clerk for undersigned counsel).

On January 3, 2019, undersigned counsel contacted Ms. Hagopian to request that she confirm whether she had ever seen the September 20, 2011 report.

Counsel has obtained an affidavit from Ms. Hagopian. (Attached and incorporated herein as Exhibit C is Ms. Hagopian's affidavit).

In her affidavit, Ms. Hagopian explains her representation of Mr. Avery began in July 2007 and ended when the Wisconsin Supreme Court denied his Petition for Review on December 14, 2011 (the Wisconsin Supreme Court's order was filed in Manitowoc County on December 15, 2011 (470:1-2)).

On September 20, 2011, Ms. Hagopian and her co-counsel, Martha Askins ("Ms. Askins"), were Mr. Avery's attorneys of record. 

Ms. Hagopian has no recollection of having seen this police report before undersigned counsel delivered it to her on January 3, 2019.

Further, Ms. Hagopian does not recall having a conversation with a representative of the State pertaining to tendering items of evidence from Mr. Avery's criminal case to the family of Ms. Halbach. 

Moreover, Ms. Hagopian avers that, had she seen this report or had a conversation with a representative of the State regarding the return of items of evidence to the family of Ms. Halbach, she believes she would recall it.

Attorneys Hagopian and Askins filed Mr. Avery's Wis. Stat. § 809.30(2)(h) postconviction motion on June 29, 2009. (429:1-28; 427:1-31). That motion was denied by the circuit court on January 25, 2010 (453:1-106) and Attorneys Hagopian and Askins timely appealed on February 10, 2010. (454:1-4). This Court affirmed the circuit court's order denying relief on August 24, 2011. (468:1-44).

Then, on September 20, 2011, during the pendency of Mr. Avery's appeal, the Calumet County Sheriff's Department, together with Assistant Attorneys General Thomas Fallon ("Attorney Fallon") and Norman Gahn ("Attorney Gahn"), arranged for the return of certain suspected human bones from the Manitowoc County Gravel Pit to the family of Teresa Halbach.

On September 22, 2011, Attorneys Hagopian and Askins filed their petition for review in the Wisconsin Supreme Court. (469:1-2). That petition was denied on December 14, 2011. (470:1-2).

The State, without notifying Mr. Avery and his attorneys and during the pendency of Mr. Avery's direct appeal, caused material and potentially exculpatory evidence to be transmitted to the Halbach family for its potential destruction by cremation or burial.

On January 24, 2019, undersigned counsel received her own copy of the September 20, 2011 report from the Calumet County Sheriff's Office and was able to verify the accuracy of the report provided to Ms. Hagopian.

Because the State violated Wisconsin's preservation of biological evidence statute, Mr. Avery's due process rights were per se violated. His conviction cannot stand.

Wis. Stat. § 968.205 (2001) (amended 2005) governs the preservation of physical evidence collected subject to criminal investigations. 

[...]

It is beyond question that the State violated § 968.205 when it failed to (1) preserve the suspected human bone evidence and (2) notify Mr. Avery and Ms. Hagopian of its intent to do the same because the suspected human bones were biological evidence collected in the course of the State's investigation of Mr. Avery, which ultimately led to his conviction.

Additionally, the human bones were-at minimum-suspected of belonging to the victim in the crime of which Mr. Avery was convicted. Therefore, the suspected human bones recovered from the Manitowoc County Gravel Pit are properly considered within the ambit of § 968.205(2).

Because § 968.205 does not provide a remedy for convicted persons in the event of a violation, fashioning a remedy is left to the courts-an action Wisconsin courts have yet to take.

[...]

Additionally, the State acted in "bad faith" where it was on notice that the trial court had ordered preservation of certain items of DNA evidence yet proceeded to effectuate the loss of biological evidence within its control.

On April 4, 2007, the trial court entered an order for the Preservation of Blood Evidence and Independent Defense Testing. This order contemplates and allows future DNA testing by Mr. Avery. (395:1-3). In its order, the trial court gave Mr. Avery the opportunity to, at any time, submit items of evidence for DNA testing. (396:2).

It is clear that the parties have broadly construed the scope of the April 2007 order to permit testing of a variety of biological samples deemed relevant to the instant case. The State was on notice of this agreement in September 2011 when it facilitated the destruction of suspected human bones recovered in the Manitowoc County Gravel Pit.

That the State knew it bore a duty to preserve biological material at the time it facilitated the potential destruction of the suspected human bones without notifying Mr. Avery and his attorneys. 

The State, by taking these actions, acted in "bad faith" and with "official animus" as defined by Youngblood and Greenwald. See, e.g., United States v. Bohl, F.3d 904 (10th Cir. 1994) (finding bad faith where government actors destroyed potentially exculpatory evidence when they were on notice that the evidence at issue should be preserved); United States v. Cooper, 983 F.2d 928 (1993) (finding bad faith where law enforcement agents destroyed evidence they knew the defendants asked to preserve).

[...]

In the instant case, the suspected human bones are "potentially useful," meaning that retesting of the suspected human bones from the Manitowoc County Gravel Pit could demonstrate Mr. Avery's alleged actual innocence.

It is indisputable that the State violated the DNA evidence preservation statute by returning the suspected human bones to the Halbach family. Mr. Avery's due process rights under Youngblood had been violated.

According to federal and state due process jurisprudence regarding the State's duty to preserve evidence, the appropriate remedy for a violation of Wisconsin's DNA evidence preservation statutes is the reversal of the criminal defendant's conviction.

Therefore, the case should be remanded to the circuit court to conduct proceedings to determine if there has been a due process violation and how that violation should be remedied.

Mr. Avery has brought this issue to the court's attention in a timely manner. He does not want to waive this issue by not addressing it at this time.

The appeal must be stayed and this issue must be remanded to the circuit court for proceedings that should include a hearing in which Deputy Jeremy Hawkins, Sgt. Inv. Mark Wiegert, Attorney Thomas Fallon, and Attorney Norman Gahn would be subjected to cross-examination concerning the illegal transmission, without notice to Mr. Avery's prior counsel, and the presumed destruction of the Manitowoc County Gravel Pit suspected human bones.

The undisclosed September 20, 2011 report contradicts Mr. Kratz's representations to the jury that "these bones in the quarry, I'm going to take 20 seconds to talk about, because the best anybody can say is that they are possible [sic] human." (716:78).

The State by its actions has implicitly admitted that the bones are not only human, but that they belong to Ms. Halbach. The State cannot credibly argue that it returned animal bones to the Halbach family for burial or cremation. 

The State's actions demand that further proceedings be conducted to determine if Mr. Avery's due process rights have been violated and if the State acted in bad faith in returning the suspected human bones to the Halbach family.

Conclusion

Wherefore, undersigned counsel respectfully requests that this Court enter an order staying this appeal and remanding the cause to the circuit court for proceedings to determine whether the State has violated Wis. Stat. § 968.205 and Youngblood v. Arizona.

Dated this 24th day of January, 2019.

https://static1.squarespace.com/static/55203379e4b08b1328203a7d/t/5c4a2f4eaa4a99ab401263ab/1548365666171/2019.01.24+-+Motion+to+remand+and+stay.pdf



Unless I’ve made a boo-boo, some of the items returned to the Hallbach’s are in KZs motion to test with rapid DNA (self.TickTockManitowoc)

by Coriolana

December 18, 2018

I’ve checked CASO pages 1114-1115. The following property tag numbers were returned to the Hallbach’s on 20th Sept 2011, via the Weiting Funeral home: #8318, 7924, 7925, 7936, 7944, 8675, 7964, 8675, 7964, 6200, 6197, 8118, 6200, 6197, 8113, 8148, 8150, 8140, 7411, 7412, 7414, 7416, 7419, 7420, 7421, 7426 and 7434.

KZ has asked for these items to be examined from the Manitowoc County Pit piles (3 piles): 7411, 7412, 7413, 7414, 7416, 7419, 7422, 7424, 8675 (according to the master index of gravel pit piles in the attachment to the motion.

So these items overlap and were given back to the family: 7411, 7412, 7414, 7416, 7419.

Have I red this right? Is KZ going to want to exhume remains? Were they buried?

https://www.reddit.com/r/TickTockManitowoc/comments/a7avmy/unless_ive_made_a_booboo_some_of_the_items/






Monday, January 21, 2019

Zellner Should Ask Steven Avery If the SharpSales Sign Belonged to Him




In the packet of materials that Autotrader photographer Teresa Halbach gave customers was a "for sale" sign, as depicted in the top image.

Teresa Halbach came to Avery Auto Salvage on September 19, 2005 and photographed Steven Avery's blue Pontiac Grand Am (trial exhibit 15), so why would the sign he had for this Grand Am be from sharpsales.com (second image from top) and not from Autotrader?

Or did somebody else acquire and write on this sign, front and back, imitating Avery's handwriting? And was this sign then planted on Avery's desk?

The back of the sign has the address 3302 Zander Road along with Teresa's cell phone number.



In October 2005, LE would have had Steven under surveillance, so they would have known he was interested in the home for sale at 3302 West Zander Road, either because: (1) he had been recorded on the phone talking about it, (2) there was an informant within his inner circle with whom he had talked about it, or (3) they were monitoring his internet activity.

"3302 Zander Road" can be seen in Avery's searches on October 2, 2005, including from a real estate listing (see "Avery Registry Report" below, the forensic analysis of Avery's computer).



There are two nearby properties with the address "3302 Zander Road":
  1. 3302 Zander Road in Two Rivers, and 
  2. 3302 West Zander Road in Denmark


There is an abandoned home at 3302 Zander Road in Two Rivers/Mishicot (see images below).



Abandoned home at 3302 Zander Road in Two Rivers/Mishicot.

It seems Avery may have been trying to locate the town because he didn't have the correct full address for the property that was for sale in Denmark, WI: 3302 West Zander Road (see images below). Avery had searched Denmark WI, Kewaunee WI, and the real estate listing in Manitowoc.




3302 West Zander Road in Denmark was for sale at the time Teresa went missing.

Steven had a Grand Am for sale (which Teresa photographed on September 19, 2005). The framers, using samples of Steven's handwriting, wrote on both the front and the back of the sign and then planted the sign in Steven's trailer after LE commandeered the property on November 5th.

The one side of the sign has the information on the Grand Am that Steven had for sale, and the other side has Teresa's cell number and the incomplete address of the property that Steven had searched online (3302 Zander Road).



The Zander Road sign was planted to connect Steven to an off-site murder scene. The evidence photos prove it was planted (see images below).

LE should have been all over 3302 Zander Road, the abandoned house in Two Rivers/Mishicot; however, since it was now a waste of time, nobody was assigned to investigate it.

The framers had to change the Zander Road plan because phone records and recorded calls from the county jail between Jodi and Steven documented that Steven didn't leave the Avery property on October 31st.

Much of the dubious evidence was discarded or modified in order to fit an evolving salacious tale.

The framers had three days to organize since Teresa wasn't reported missing until the afternoon of November 3rd. If Steven had an alibi for Monday, then they could have said he held her hostage somewhere until he could burn her. That's probably why she wasn't reported missing for so long...it gave the framers a broader window of opportunity.

The Zander Road sign was found during a search of Steven's trailer on the first day, Saturday November 5th. His trailer was searched from 7:30-10:00 pm.

During Ken Kratz's redirect examination of Fassbender, he asks him about the sign and says we'll get back to it with other witnesses, but never does (trial testimony, page 214).

14 ATTORNEY KRATZ: I appreciate it. Thank
15 you, counsel.
16 (Exhibit No. 149 marked for identification.)
17 Q. What will be Item No. 149, seized from the same
18 computer table, is another sign with Ms Halbach's
19 phone number; is that correct?
20 A. That's correct.
21 Q. Was that seized on the 5th of November as well?
22 A. Yes, it was, sir.
23 Q. This address, 3302 Zander Road, we'll get into
24 that with other witnesses, but do you now believe
25 that this is connected to Ms Halbach? It's her
 215
 1 phone number, isn't it?
 2 A. That's her phone number, yes.
 3 (Exhibit No. 150 marked for identification.)
 4 Q. Now, what will be Item 150, do you recall, now,
 5 that an Auto Trader Magazine was seized from
 6 Mr. Avery's residence that evening?
 7 A. Yes, I do.
 8 Q. This is the identical Auto Trader Magazine that
 9 Ms Zipperer received, that she had testified
10 earlier; you were in court when that was
11 testified to, wasn't it?
12 A. Yes.
13 (Exhibit No. 151 marked for identification.)
14 Q. Also identically to Ms Zipperer, what will be
15 Exhibit No. 151, was a bill of sale also found on
16 Mr. Avery's computer table, again, identical to
17 that received by Ms Zipperer. Do you recall that
18 now being seized on the 5th of November, don't
19 you?
20 A. Yes, I do.
21 Q. Let me ask you, Mr. Fassbender, do you know how
22 many items of physical evidence were seized in
23 this case alone, the Avery homicide
24 investigation?
25 A. Upwards of 970.
 216
 1 Q. Can you remember all 970 items of evidence that
 2 were seized?
 3 A. No, I can't.
 4 Q. Mr. Buting asked you if knowing that Mr. Lenk and
 5 Mr. Colborn was involved in a deposition, whether
 6 or not you would assign them to search
 7 responsibilities; do you remember that question?
 8 A. Yes, I do.
 9 Q. Do you remember answering yes to that question?
10 A. Yes.
11 Q. Do you have an explanation for that answer?
12 A. Yes.
13 Q. What is that explanation?
14 A. My explanation is, if they told me that, I would
15 have asked them what the circumstances
16 surrounding that were. Upon them telling me, and
17 what I know now of those circumstances to be, I
18 know there was no direct conflict of
19 interest with those two individuals.
20 They weren't working when he was charged
21 and convicted on the original charge. And when
22 they got deposed, Mr. Colborn was a jailer in
23 that jail and he received a call from another
24 jail that an anonymous person said something
25 about them having the wrong person in jail and
 217
 1 they have the right one. Didn't identify who it
 2 was, what it was about.
 3 Mr. Colborn did the right thing and
 4 forwarded that phone call to the Detective's
 5 Bureau. Mr. Colborn was not even a sworn
 6 officer. Mr. Lenk wasn't even a detective at the
 7 time. He was working the road. That call went
 8 up to the Detective Bureau and was handled by
 9 whoever was up there at that time. And, then,
10 when Mr. Avery was exonerated, Mr. Colborn made a
11 comment to Mr. Lenk, something to the effect
12 that, boy, I wonder if that call they took way
13 back when was Mr. Avery. They had nothing to do
14 with this.
15 Q. So that, as far as you know, was Lenk and
16 Colborn's connection, this mysterious connection
17 to this civil lawsuit; is that right?
18 A. Yes.
19 Q. Knowing that, as you sit here today, as the lead
20 investigator in the case, have any problems at
21 all with Lenk or Colborn's involvement in this
22 case?
23 A. Absolutely not.
24 Q. Do you know how many law enforcement officers,
25 how many citizens, and how many other witnesses
 218
 1 were deposed as part of that lawsuit?
 2 A. No, I don't.
 3 Q. Finally, Agent Fassbender, whenever a Manitowoc
 4 County Sheriff's deputy was asked to assist in
 5 this entire investigation, that is, when any
 6 search was done out at the scene, were they
 7 accompanied by a Calumet County or State DCI
 8 agent?
 9 A. Yes.
10 ATTORNEY KRATZ: That's all the redirect I
11 have, Judge.

Jerry Buting brings up the sign when questioning Sgt. William Tyson of Calumet County (starting at the bottom of page 18 of the trial transcript is a description of the search, and page 45 is the finding of the Zander Road sign).

 3   Q.   (By Attorney Buting)~ You also introduced a sign,
 4        a for sale sign, that -- I don't see the exhibit
 5        number here, but I will just show it to you.
 6                 ATTORNEY STRANG:  194.
 7   Q.   (By Attorney Buting)~ All right, 194.  This is --
 8        On one side it has a for sale sign, like you
 9        would buy at a hardware store or something,
10        right?
11   A.   Yes.
12   Q.   It's got 1995 Pontiac Grand Am listed, right?
13   A.   Yes.
14   Q.   And then, on the back it has got some other
15        writing, 3302 Zander Road, correct?
16   A.   Correct.
17   Q.   And then it's got the phone number here that
18        turns out to be Teresa Halbach's cell phone
19        number, right?
20   A.   Yes.
21   Q.   Are you aware that Teresa Halbach's never lived
22        at 3302 Zander Road.
23   A.   I'm not aware of any significance to the address.
24   Q.   So, as far as you know, there's no connection
25        whatsoever between this address and that phone
    46
 1        number, right?
 2   A.   I don't know that.
 3   Q.   You don't know that or you do know that?
 4   A.   I do not know that.
 5   Q.   Now, you do know, I assume, that Teresa Halbach
 6        had seen Mr. Avery on several occasions before
 7        October 31st?
 8   A.   I was told that by Investigator Wiegert in
 9        advance.
10   Q.   Okay.  Part of your briefing, right?
11   A.   Yes.
12   Q.   They sit down and they explain some of the
13        background so you know what's going on, right?
14   A.   Yes.
15   Q.   Okay.  And in fact, before October 31st,
16        Mr. Avery had Teresa Halbach's phone number
17        already because he had arranged a private sale
18        with her; do you recall that?
19   A.   No, I don't recall him having her cell number,
20        what time he had it.  I don't know that
21        information.
22   Q.   So you didn't know that information, okay.  But,
23        if that were the case, finding her phone number
24        in his house on November -- or trailer, on
25        November 5th, would have meant nothing, would it?
    47
 1                 ATTORNEY KRATZ:  Objection, Judge, calls
 2        for a conclusion, that's probably what the jury --
 3                 THE COURT:  The objection is sustained.
 4   Q.   Well, when you collected those pieces of
 5        evidence, you didn't -- you don't know when those
 6        notes -- phone numbers were written, right?
 7   A.   Detective Remiker collected them, but I did not
 8        know when they were written.
 9 Q. All right. They could have been written weeks
10 ago, for all you know?
11 A. True.
12 Q. By the way, you said you weren't collecting the
13 evidence, you were just standing their watching
14 and writing down notes as to the times that
15 things were collected?
16 A. Yes.
17 Q. But the actual collection itself was done by --
18 or the bagging was done by Lieutenant Lenk?
19 A. Yes.
20 Q. Did you watch him seal every single bag?
21 A. I can't say with 100 degree certainty every
22 single bag, but he was doing his duties, I was
23 there, yes.
24 Q. Okay. So when you say that you were --
25 ultimately you collected the evidence, it was at
 48
 1 the end of the night?
 2 A. Yes.
 3 Q. After all the bags were sealed and completed,
 4 right?
 5 A. Yes.
 6 Q. Then it's turned over to you?
 7 A. Yes.

[...]

 6 THE COURT: Mr. Kratz, are you going to be
 7 doing redirect?
 8 ATTORNEY KRATZ: I am.
 9 THE COURT: How much time do you think?
10 ATTORNEY KRATZ: I just actually, I think I
11 have two questions, Judge, so.
12 THE COURT: All right. Go ahead.
13 REDIRECT EXAMINATION
14 BY ATTORNEY KRATZ:
15 Q. Sergeant Tyson, Mr. Buting asked you about
16 that -- that sign that mentioned a Zander Road
17 address; do you recall him showing you that?
18 A. Yes.
19 Q. Do you know where that Zander Road address is?
20 A. No.
21 Q. Do you even know if it's in Calumet County?
22 A. I heard Zander Road a couple of times on our
23 department radios, Manitowoc County either having
24 a crash or something like that, so I'm familiar
25 with Zander Road probably being in Manitowoc
 63
 1 County, I know it rang a bell, but I don't know
 2 where it is.
 3 Q. Something a Manitowoc officer might be better
 4 able to answer?
 5 A. Yes.
 6 Q. And lastly, Mr. Buting asked you about somebody
 7 relieving you from the scene security, that is,
 8 from watching over the SUV; do you remember those
 9 questions?
10 A. Yes.
11 Q. Do you remember what department relieved you; in
12 other words, the scene security from the point
13 that you took over, thereafter, do you know what
14 department was responsible?
15 A. Calumet County Sheriff's Department.
16 ATTORNEY KRATZ: I think that's all I have
17 for redirect.
18 ATTORNEY BUTING: No questions.
19 THE COURT: Very well, the witness is
20 excused, and at this time we'll take our morning
21 break. Members of the jury, again, do not discuss
22 this case among yourselves during the break. We'll
23 resume in about 15 minutes.
24 (Jury not present.)
25 ATTORNEY BUTING: Your Honor, could I move
 64
 1 206 and 207 into evidence?
 2 THE COURT: Any objection?
 3 ATTORNEY KRATZ: No.
 4 THE COURT: They are admitted.
 5 (Recess taken.)
 6 (Jury present.)
 7 THE COURT: Mr. Kratz, at this time you may
 8 call your next witness.
 9 ATTORNEY KRATZ: State will call Andrew
10 Colborn to the stand.

Steven owned two blue Pontiac Grand Ams. The 1993 Grand Am that was seized and impounded in Crivitz by Deputy Barry Degnitz was Steven's primary vehicle. The one Teresa photographed on September 19, 2005, was a different vehicle, not the one for his personal use.




Paul Metz, a farmer whose cattle are located at the intersection of Jambo Creek Road and Zander Road, said in his 2017 affidavit: "Around dusk on October 31, 2005, I heard a loud buzzing sound that reminded me of electrical wires pulsating. I then smelled what I thought was insulation burning. I initially thought that the high-power tension wires that run just south of my property were overloading, causing the buzzing sound and the bad odor. I did not confuse the smell with that of a burning body. I know what a burning body smells like from my time as a volunteer firefighter. I was interviewed by officers from the Manitowoc County Sheriff s Department (MCSD). I did not initiate contact with MCSD and I do not know how MCSD learned about this incident. During the interview, I would not have described the sound I had heard as a 'whoosh.' Rather, it was a buzzing sound. I did not tell officers from MCSD that the sound reminded me of instances when I poured gasoline or other highly volatile substances on a fire. I did not tell anyone that I thought the smell was coming from the south or from the vicinity of the Avery property off of Highway 147."