In a filing by Avery's attorney, Kathleen Zellner, on April 12, 2021, a new witness named Thomas Sowinski, claimed to have seen Bobby Dassey (the brother of Brendan Dassey, who was convicted alongside Avery for the murder of Halbach) pushing a blue Rav-4 on Avery Road, alongside another, unidentified man.
At the time, Sowinski was delivering newspapers to the Avery property on the morning of November 5, 2005.
Sowinski said he drove past Bobby Dassey, delivered the newspapers to the mailbox, then turned around and drove back toward the exit. When he reached the RAV-4, Bobby Dassey “attempted to step in front of his car to block him from leaving the property,” the court documents say.
Sowinski was within five
feet of Bobby Dassey, with his headlights on, the court documents say,
and swerved into a shallow ditch to avoid him and leave the property.
Zellner is confident the new witness will prove Avery's innocence. "This witness provides the most important evidence in the case to date," she wrote to Newsweek. "He not only discredits the State's star witness he links this person to the murder. The police ignored his tip. Steven would not have been convicted if this evidence had been known."
The sighting by Sowinski could support that theory, given Dassey and the unidentified man were allegedly pushing a car matching Halbach's toward the Avery property.
Sowinski claimed he reported the sighting to police after he heard about the discovery of Halbach's car but was told police "already knew who did it." He apparently did not give police a formal statement, though he said he left his phone number with authorities.
Thomas Sowinski called MTSO on November 6, 2005 with some information about the Halbach case.
MTSO didn't disclose that phone call to the defense.
- TS did in fact mail Wisconsin Innocence Project on January 7, 2016.
You can question the reliability of the "Bobby" identification, but at least he has always consistently said since 2016 that he saw two men pushing an SUV along Avery Road in the dark and they were very alarmed that he saw them.
From the moment he started making this claim about telling MTSO this information, he ran the risk someone could instantly prove he was lying.
Kathleen Zellner says: "The motive was rage fueled by rejection. The
perpetrator [Bobby Dassey] induced Teresa Halbach to pull her car over
after she left Avery Auto Salvage."
By Eric_eats_a_Banana
July 4, 2021
This is part 2 of the post, part 1 is here; https://redd.it/oqrac0
On November 15th Zellner made a special series of tweets before answering questions, this is what she said;
Making A Murderer watchers, listen up. I’m going to walk you through what I’ve learned through my imvestigation that you didn’t see in the show.
On 10/31/05, Scott Tadych visited Bobby at the Avery salvage yard (ASY) around noon.
After Teresa (TH) called the Dassey landline for directions, our suspect contacted her back with the Dassey address.
Teresa arrived at the ASY around 2:30–2:31 p.m. on 10/31/05. Only Bobby and Steven saw her. After completing her photo assignment, she left & turned West on Hwy 147 around 2:38 p.m. Our suspect followed her. Steven was in his trailer.
Our suspect gets TH to pull over. She opened her car's rear cargo door to retrieve her camera, was knocked to the ground and struck with an object.
TH was put in the rear cargo area of the RAV4 and driven back to ASY.
TH's RAV4 was spotted leaving the ASY with an unknown driver at 3:45 p.m.
RAV4 was left by the old dam West of Mishicot on 10/31/05.
3 witnesses saw RAV4 up to 11/4/05, then it was gone.
Recent investigation shows the RAV4 battery died, so it was replaced in order to move the RAV4 to the ASY.
TH's body was burned in a burn barrel. Dassey burn barrel had human bones
60% of bones and 31 teeth missing
A witness smelled horrible odor of something burning in Manitowoc County gravel pit the evening of 10/31/05.
The Dassey garage was never luminoled or DNA tested. Bobby hung a deer in the Dassey garage on 11/4/05.
Sikikey note—Body burned at smelter 11/4/05, 3 a.m. Tadych worked the night shift at a smelter facility. His nickname: Skinny.
TH's electronics were not burned in Steven's burn barrel; they were burned in Dassey burn barrel.
Suspect knew Steven's finger re-bled on 11/3/05 because he observed it.
Suspect had access to Steven's trailer to remove blood from the sink.
Only our suspect knew the blood in the sink was Steven's and not TH's (this rules out the police).
Suspect planted blood in RAV4, bones in Steven's burn pit, and TH's electronics in Steven's burn barrel.
In conclusion, the killer is the person who had the access and opportunity to plant Steven Avery's fresh blood in Teresa Halbach's car. Use #AskZellner for questions.
Here is a link to screenshots of those tweets; https://imgur.com/a/zMRMWIL
Here are some of the Q&A, sadly I don’t have actual tweet screenshots for all of them;
Q: Do you think it was Bobby?
A: We cannot rule him out.
Q: Police?
A: No access. No opportunity. Not the blood vial.
Q: Has Bobby's garage been searched for DNA & blood?
A: Yes. In progress.
Q: Is there any evidence on if Bobby and Scott had contact with Ryan before the killing?
A: No proof of that.
Q: How do we know Scott was on ASY at noon?
A: Witness confirms.
Q: Is there evidence that supports they knew there was fresh blood in his home or did they enter the home just in hopes of finding plantable DNA?
A: There is evidence the person knew Steven's cut finger broke open and that he bled on 11/3.
Q: Where is the call log proof that your suspect called TH back with the address?
A: Not restricted to a call log.
Q: What evidence shows the electrical items were moved from Dassey burn barrel to SA burn barrel?
A: Nothing was burned in SA's burn barrel. Tin cans and vegetation present. Radandt saw fire in Dassey burn barrel.
Q: 60% of bones and 31 teeth missing from the Dassey barrel, you mean? Because they were removed and transported to the Avery barrel?
A: They are missing entirely from ASY.
Q: Are we sure it was the Rav4 seen leaving at 3:45? This was Blaine's account of what happened, but he now says it wasn't the Rav (as I understand).
A: We have two other witnesses.
Q: Have you done any background checks on Bobby Dassey such as: interviewing people who have possibly witnessed abusive behavior from him, or possibly hired on expert in criminal psychology to evaluate his behavior?
A: We have had experts evaluate the violent porn and create a profile.
Q: Was the witness that smelled the foul odor burning ever questioned? Is he/ she affiliated w Scott's work place?
A: We have an affidavit from the witness; there is no connection with Scott's workplace.
Q: What is the significance of Scott Tadych being at ASY at 12 noon that day?
A: Because the contact with Teresa requesting the address is made close to the point in time when he's present.
Q: Is there any evidence of a body being burned at the smelting facility?
A: A witness, who wrote the note. But the body would have disintegrated.
Q: I fully believe Bobby killed Theresa & for whatever reason Scott was involved in coverup. However, is it really believable that either would realistically remember SA’s finger bleeding & think to take SA’s blood from the sink?
A: Of course. The police had just been on the property and he would have been panicked to divert attention from himself.
Q: Aside from a witness saying Scott was on shift, is there CCTV? Clock cards? Payroll records that back this up??
A: Yes.
Q: Apologies if I am repeating a previous question, can you speculate as to motive by suspect? “$ponsorship” from others?
A: It was a rage killing motivated by rejection.
Q: What is the significance of Scott Tadych being at ASY at 12 noon that day?
A: Because it's after TH called requesting contact with directions. Plus, he lied and said he was in Green Bay visiting his mother at the hospital.
Q: Bobby's computer shows activity at 1:51. Was the computer used to communicate with Teresa or was this via someone else's phone?
A: Communication was not by phone.
Q: Has the suspect been questioned on this?
A: He was questioned in a lame interview by Investigator Dedering.
Q: What's the best explanation for the scratches on Bobby's back?
A: They are inconsistent with scratches from a puppy. Consistent with scratches from the fingers of a human hand.
Q: Why has Bobby not been re questioned and DNA tested after these findings?
A: Bobby was re-questioned in a lame interview with Investigator Dedering.
Q: Would Bobby have access to Stevens blood?
A: Yes. He had access to Steven's blood because he had access to Steven's trailer on 11/3/05.
Q: Who gave Teresa directions? and how did they know to give it to her?
A: We believe the killer gave TH directions.
Q: Any witnesses from the smelting plant where Scott works come forward?
A: We've interviewed witnesses.
Q: Was there any video surveillance at the smelter facility?
A: No.
Q: So was this the same burn barrel they "found" bones in on SA's property? Or is this a whole new barrel?
A: Same barrel.
Q: Do you know where the missing 60% of the body is located?
A: We believe that it was disposed of at the smelter.
Q: Do you think the Colborn had anything to do with moving the RAV4 any longer? Also do you think Lenk planted the key?
A: It doesn't matter; the RAV4 and the key were planted to frame Steven Avery.
Q: Do we know if Bobby or ST ever interacted with TH prior to 10/31? Meaning is it possible that Bobby had his eye on her for a while before she was killed?
A: Yes.
Q: Any indications as to what the suspects motive was? Did he want Steven back in prison?
A: Motive was rage fueled by rejection.
Q: If the suspect confessed officially, how quickly could Steve/Brendan be released?
A: The confession would have to be corroborated. It's impossible to know how long it would take.
Q: Have your traced who changed the battery or owned the battery that was put in her car?
A: Yes.
Q: If Bobby pursued Theresa - how come nobody knew and stepped forward during the trial?
A: Bobby was the State's star witness.
Q: Are you now ruling out the ex BF as a suspect? If so, what's the explanation for him having TH's handwritten day planner?
A: A Denny suspect can be involved in the crime or the coverup, so we have not ruled him out.
Q: Hadn’t TH taken photos for the Avery’s/Dassey’s previously? Why would she need to call for an address/directions?
A: She was only given the Dassey phone number and not the ASY address. Because she did not know the Dasseys, she left a voicemail asking for directions.
Q: Would Bobby have hung the deer in his garage to conceal TH blood, or is it likely that she was dismembered elsewhere?
A: Bobby's story is inconsistent as to when he hung the deer, making it highly suspicious that he had an ulterior motive for hanging it.
Q: If the Dassey garage gets tested, and TH was ever in there....do you think it would still be possible to find traces of blood in there?
A: Of course. DNA lasts for years and blood is very difficult to clean up.
Q: Has elections changed The way you are approaching this case?
A: No, but it may change the outcome of the case.
Q: I completely agree with you. What would Scott's motivation be in helping Bobby? From what I've read they didn't have a close relationship. Why would he get himself involved?
A: Wrong. They were close.
Q: Do we know why TH pulled her car over after she left the ASY?
A: The perpetrator induced her to pull her car over.
Q: Bobby is now married with children, living a seemingly normal life since Teresa's murder. Are you aware of anything that suggests that he still fits that profile?
A: That's irrelevant. Most serial killers are married with children, living normal lives.
Tweet screenshots here https://imgur.com/a/CMDkg0P
and also some more here https://imgur.com/a/8StqOBc
Ferak’s book – John Ferak wrote ‘WRECKING CREW: Demolishing The Case Against Steven Avery’ in which Zellner appears on the front cover.
Ferak of course closely worked with Zellner and he was allowed access to exclusive information. Ferak’s book closely matches what we see in MaM2 and mirrors what Zellner says in her tweet series above.
The following quote appears in an interview Zellner did with Rolling Stone magazine;
“The phone call captures the great tragedy of Steven’s life,” Zellner tells Rolling Stone. “The people who should be helping him want him to shut up and quietly accept that he will die in prison. … I ask myself what would motivate Tadych and Bobby to be such obstructionists and I have reached the inevitable conclusion, as our court filings state, that they were involved in the crime and Barb, was and is involved, even unwittingly, in its coverup. … Tadych thinks he can intimidate us into looking away, but he has only succeeded in placing himself front and center in our investigation. Quite frankly, he is no match for our abilities, experience, resources or boundless commitment to freeing Steven Avery.”
Taken from here https://www.rollingstone.com/culture/culture-news/making-a-murderer-avery-lawyer-adds-allegations-in-new-court-motion-124204/
My Conclusion
Zellner did not make a big deal on Twitter or other media outlets when she named Ryan as a Denny suspect in her very first filing in the case. At that time with the limited look at the case she had he was the only person she could realistically name and I beliebe she only did so because she wanted every avenue covered in the Zellnami filing.
Zellner confirms that to her a Denny suspect can be involved in the cover up or framing of Avery. She confirms that she has suspicions about Ryan but that these are concerning the day planner, helping LE and possibly the RAV.
Zellner treats Bobby and Scott differently, she names him publicly as the possible killer on Twitter and in a direct media interview as well as MaM2. She goes further and confirms contact made on the day of the murder and that she has tested the Dassey garage for DNA.
I believe Zellner has named Bobby and Scott because she clearly thinks they are involved. She has not named them publicly to strengthen the Denny case against them, because only the judge can decide whether they pass the threshold or not.
Instead I believe she has named them and allowed Ferak to write about it for two reasons, the first is so other people may come forward to confirm details. The second is, if she fails to get Steven out of prison, she wants a public record of what she thinks happened to Teresa and who was responsible. I do not believe she would allow MaM2, Ferak and Rolling Stone to go ahead and potentially wreck Bobby and Scott’s lives if it was built on lies or only Denny suspicion.
Bam__WHAT wrote:
KZ is simply doing her job. Something Buting and Strang failed to do competently. These two bozos should have performed their own investigations into any and all suspects before they named them in their Denny motion. It was their utter lack of investigating that enabled their motion to fail.
Ryan and Bobby are both Denny suspects for the murder of TH and it's a-okay. KZ can point the finger at however many suspects she wants to as long as she meets the requirements to do so.
Naturally she has focused more attention towards Bobby but that's only because her case against him is stronger because it's supported by a lot more of the evidence.
Don't buy into the guilturds illogical fallacy that KZ is presenting contradictory theories. A defense lawyer can do this. The prosecution can not. Their burdens are different. The defense has to create reasonable doubt while the prosecution has to eliminate all reasonable doubt.
Yes. Ryan's motive was jealousy. He intentionally misled investigators. Ryan had opportunity to murder TH on the 31st because he was unemployed and his cell records show significant gaps during the time periods in question. Ryan had opportunity to conceal and plant evidence. He had scratches on his hand. His motive for burning the body was because he had an established relationship with TH and his DNA was on her body from a struggle and/or rape. He had an abusive relationship with her. He accessed her voicemail messages to delete some. Ryan was aware of the intention to do an aerial search. Ryan planted the vehicle and then went back to discover it with Colborn but it was illegal so Pam was called upon to find it the next day. Ryan moved into TH's residence and was the leader in the search to find TH. Both done to control the situation and stay in the loop. He entered the Avery property several times and even under an alias. He was never asked to provide an alibi. Downplayed his relationship with TH. Had 22 blocked calls which are most likely related to speaking with LE. The day planner is a direct connection to the crime.
Most importantly she initially said "Only one person meets the requirements of Denny as a Third Party Suspect with Motive, Opportunity and a Connection to the Crime."
Eric_eats_a_Banana wrote:
So, how does Ryan Hillegas get this piece of paper, unless he has access to Teresa's car after she's been to the Averys'? So, if you talk about a Denny link to the crime, when you've got a document that you can show was in the victim's car at the time of the murder and is in the possession of a witness, that's about as good a link as you could get to the crime. That's why he won't talk to us. We've been back to his place twice, OK? He's not gonna talk because he's involved, most likely, in moving the car. And obstruction.
Q) Why wasn’t Ryan Hillegas, Teresa Halbach’s Ex-boyfriend a bigger suspect in the second season of Making A Murderer? It looked like he did a lot of shady things with the police. Do you really believe Bobby Dassey is a bigger suspect than Ryan Hillegas?
A) Our theory is that Ryan Hillegas was involved in planting the car on the Avery property, but it is someone much closer to Steven that had access to his trailer to plant the blood.
Wisconsin Court of Appeals Denies Relief to Steven Avery
https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=399779
Not deterred by the appellate court decision—-it pointed out the specific doors that are still open for Mr. Avery’s quest for freedom. We appreciate the careful review.#Onward #TruthWins
— Kathleen Zellner (@ZellnerLaw) July 28, 2021
On 11/08/05, I (lnv. WENDY BALDWIN) and Inv. GARY STEIER were requested by Inv. WIEGERT to make contact with MICHELLE KANZELBERGER, who is an ex-girlfriend of EARL AVERY. Inv. STEIER and I did make contact with MICHELLE at WASHINGTON JR. HIGH SCHOOL. She is a teacher at the school.
At approximately 9:00 a.m., I made contact with MICHELLE J. KANZELBERGER at WASHINGTON JR. HIGH SCHOOL. I asked MICHELLE if she could tell us about her relationship and also anything that she could recall about the AVERY family members. MICHELLE indicated they had met approximately 1987. She said they were together until 1989; and at one point, she was engaged to him. She said they spent a lot of time at EARL's house on the weekends due to her mother not being home. She said she would accompany EARL to his cottage up north quite often. She said there was a double story tree house behind that cabin. She said it was located approximately 150 feet behind the cabin. She said EARL did spend quite a bit of time up north.
She described EARL as being very abusive towards her during the time that she spent with him. She said there was a lot of violence between the brothers when they argued as well as EARL towards her. She said EARL was not a very easy person to read and that he was a slob, messy and did not clean up. I asked if EARL ever drank a lot or used drugs, and she said no and stated EARL was a big coffee and soda drinker. She said she never saw him using drugs.
I asked MICHELLE to describe CHARLES and anything she could remember about him. MICHELLE said CHARLES is the oldest brother of the family. She said he was married twice and was accused of raping his oldest daughter. She described CHARLES as being quiet and to himself with not many friends. She said he is very creepy and sneaky. She said he is a very smooth talker and slick. She said CHARLES would try to sweet talk females rather than using violence to get what he wanted.
MICHELLE recalled an incident in 1988 where he attempted to force sex on her. She said it was approximately 11:00 a.m. and that she had laid down in the bed in the green house. She said CHARLES came into the bedroom and was trying to seduce and sweet talk her into having sex with him. She said he was clothed and was smoking a cigar at the time. She said CHARLES never did have sex with her; however, he tried to sweet talk and persuade her into doing that. She said she did not feel very good about what had happened and had told EARL about it. MICHELLE said EARL had later gotten into a fight with CHARLES and they had been hitting each other with shovels.
MICHELLE described DOLORES as always covering up for her children when they would do things. She said after that incident, DOLORES had changed the bedding and had straightened the bedroom. MICHELLE knew that she did this so the ashes from CHARLES's cigar were not there. MICHELLE said that, at a much later time, DOLORES did admit to changing the bedding because it had looked a mess.
MICHELLE described CHARLES as being the main person running the business. She said he would always be there and seemed to be the boss.
I asked MICHELLE what kind of hobbies EARL and CHARLES had. She said they both did hunt and fish a lot. MICHELLE did indicate certain areas where EARL used to spend time. MICHELLE said that other than his brothers, CHARLES did not have any other friends and has spent a lot of time by himself.
I asked MICHELLE if she could describe STEVEN AVERY. She said she did not know much about him because he was in jail or prison during most of the time that she was with EARL. MICHELLE did know STEVEN was married to LORI and that while they were still married and STEVEN was in jail, STEVEN had made a proposition to EARL to have sex with his wife, LORI. MICHELLE said at first EARL and LORI did not want to do that, but they had ended up having sex for approximately two years. MICHELLE said EARL would have been 15 when this happened and had stopped when he was about 17, which was shortly after she met him.
MICHELLE indicated that of the brothers, she did think, shortly after hearing the news, that STEVEN may have been the one that had done this. She did state, however, after rethinking things, she thinks CHARLES may have something to do with it. She said it would not surprise her if CHARLES framed STEVEN.
MICHELLE had made earlier reference to certain areas that she used to go with EARL and knew some of the areas they used to fish. I did ask if MICHELLE would be willing to show us these areas, which she did. The first area that MICHELLE had showed us was a forest called DRALL (ph) MEMORIAL FOREST located just off STH 147. MICHELLE said there had been an incident between her and EARL where he had pushed her down in the seat and when she got up, they were in this forest area by some caves. She said EARL had originally forced sex on her, however, she did later consent to it.
MICHELLE said EARL also had a fascination with an area over by Buffalo Springs. She said there had been two girls that died in a car accident and he was obsessed with that area as well as the girls that had died. She did show us that area, however, she thought the tree was gone that he used to go by. She said he used to listen to a cassette tape that the girls were playing when they crashed the car. She also said there was an area where she had been once with a pond that wasn't far from where EARL lived. After doing some checking, we did find that area. This was located at 13803 CTH Q.
Inv. STEIER did make contact with MILTON MEILE (ph) who did sign a Permission to Search form. Located on that property were three ponds surrounding the area. This information was given to the command post for possible searching later in the day.
MICHELLE said when she was in high school they had gone to a party at this pond. She also informed us that CHARLES and EARL used to do a lot of fishing on HARPS (ph) LAKE. MICHELLE said they did spend a lot of time catching crawfish, ice fishing and fishing during the summer.
She said if EARL would have done something like this, he may have taken the person to one of these areas.
MICHELLE said STEVEN may have possibly taken her someplace else, however, did not know where.
MICHELLE said if CHARLES had done something like this, he wouldn't have been smart enough to take a body off of the property.
MICHELLE was dropped off by her vehicle at approximately 1330 hours.
Inv. MARK WIEGERT did request that I would go to the MANITOWOC CO. CLERK OF COURTS office to have Subpoenas signed by the judge. Those included ALLAN AVERY's CELLCOM WIRELESS phone records and CHARLES AVERY's SPRINT WIRELESS phone records.
At approximately 1400 hours, I did make contact with the Honorable Judge WILLIS who did sign several Subpoenas for Inv. WIEGERT. Those Subpoenas were signed and later turned over to him.
Inv. Wendy Baldwin
Calumet Co. Sheriff s Dept.
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