Autotrader Issue 37 Was Planted on Avery's Desk as "Proof" Teresa Halbach Went Inside His Trailer on October 31st (Teresa Was Never Inside Avery's Trailer or Garage)

Issue 37 of Auto Trader magazine (September 15-21, 2005) in the bottom left of the image above was not on Avery's desktop when his desk originally was photographed on November 5th.

Additionally, the Zander Road for sale sign in the top right of the image above was not on the shelf above the printer when Avery's desk originally was photographed on November 5th.

Issue 37 of Auto Trader magazine was not on Avery's desk and probably was not in his trailer at all. The only Auto Trader magazine on Avery's desk was issue 40, which was on a shelf to the left of his desk (close up of issue in bottom right of the image above).

Issue 37 of Auto Trader magazine and the Zander Road for sale sign were planted after Avery's desk was originally photographed on November 5th (photo below).

Avery's desk before issue 37 of Auto Trader magazine and the Zander Road for sale sign were planted

When issue 37 of Auto Trader magazine and the Zander Road for sale sign were planted, the planter(s) moved items around on Avery's desk. A Boat & Bike Trader magazine originally was on the desktop, in front of Avery's computer screen, but was moved in front of his printer.

Avery had a notepad in which he had written phone numbers plus a note, "back to patio door." The planter(s) used Avery's notepad to copy his handwriting. The planter(s) wrote Teresa's phone number above "back to patio door" (notice in the image below that the ink doesn't match).

The black marker that was on top of the Boat & Bike Trader magazine most likely was used to write Teresa's phone number on the back of the Zander Road for sale sign.



On November 5th, Avery's trailer was searched from 7:30 to 10:00 p.m. by Manitowoc County sheriff deputies Lenk, Colborn and Remiker and Calumet County sheriff deputy Tyson. Remiker wrote that at 21:48 hours he located "a for sale sign on the right side of the desk area, as well as an Auto Trader magazine on the desk area" (MTSO, page 10).

Issue 37 of Auto Trader magazine, which was planted on Avery's desktop, could have been the one that Teresa Halbach had given JoEllen Zipperer on October 31st. It had been collected into evidence when Dedering, Remiker and Colborn visited the Zipperer residence on Thursday, November 3rd (CASO, page 107).


Close-up of issue 40 of Auto Trader magazine on a shelf of Avery's desk

Before the planter(s) staged items on Avery's desk, there were two issues of Boat & Bike Trader and one issue of Auto Trader, issue 40, on Avery's desk (image above).

Issue 37 of Auto Trader magazine, in the bottom left corner of the first image above and on the left side of the image below, was planted on Avery's desktop to "prove" that Teresa had given Avery the same issue of the magazine that she had been given JoEllen Zipperer on October 31st. Why? Because the State didn't have hair, DNA or blood evidence that "put Teresa in Avery's trailer," so Kratz had to rely on an Auto Trader magazine and an Auto Trader bill of sale to "prove" that Teresa had been inside Avery's trailer.



Ken Kratz at Avery's trial:

The Defense argued that there was no blood found in the trailer. Since Teresa wasn't killed in the trailer, there shouldn't be. But what was found in the trailer is extremely important. They found the very same Auto Trader magazine, the very same type of bill of sale that we put in this exhibit, that's from Mrs. Zipperer, the very same Auto Trader Magazine, very same bill of sale. Teresa was in that trailer. She was in the trailer, but she was not killed in that trailer.

She was killed in Steven Avery's garage. There's two things that are most reactive with luminol, one is human blood and the other is bleach. We have heard about just to the left and just to the back of this tractor a large area that lit up or glowed very brightly. Mr. Ertl testified about that, that the two things that light up, it wasn't blood, but it was, in fact, bleach.

Ken Kratz at Avery's trial:

Right after she is done with Mr. Schmitz, she goes to the Zipperer residence, sometime between 2:00 and 2:30. In fact, you will note from the calls and the testimony later from the cellphone people, that at 2:12 a call is made to the Zipperer residence.You heard some reference to that. 

It may have been lost in some of the other testimony, about Teresa being lost and on her way.  But Teresa finds her way there. And we know that about 2:15 or so, she does her photo shoot at the Zipperer's. We also -- excuse me -- We also know, just like the Schmitz photo shoot, just like every other photo shoot that you have heard testimony about, that it lasts 10 minutes.

She leaves an Auto Trader book. She leaves a receipt, which is actually called a bill of sale. These things are particularly important. [Kratz is lying, the receipt and bill of sale are two different things.]

You will see testimony later, or you will see exhibits later, that were seized from Mr. Avery on the 5th, that exactly the same Auto Trader magazine is found on his computer. Exactly the same kind of bill of sale is found. So the significance, or the habit, if you will, of these contacts, become critically important.

On the left, Auto Trader magazine, issue 37, September 15-21, 2005; on the right, exhibit 27, a packet of materials given to JoEllen Zipperer on October 31st and collected into evidence on November 3rd

The Zipperers were a cold call telemarketing lead. JoEllen Zipperer didn't pay for an advertisement at the time Teresa stopped to take the photo. Instead of giving her a receipt and current issue of Auto Trader magazine, Teresa gave her a packet containing an older issue of the magazine (September 15-21, 2005, issue 37), a bill of sale, and a for sale sign. She also told JoEllen that if they decided to place the ad in Auto Trader, she needed to call the office to authorize the ad and make payment.

Avery was a repeat customer (his last photo shoot was on October 10th) who paid Teresa $40 cash, up front, at the time of his photo shoot on October 31st. He was a repeat customer who paid up front, so he was a priority customer. Because Avery was a priority customer, he was given a current or more current issue of Auto Trader magazine. Because Zipperer was just a potential customer, who didn't pay when Teresa showed up to take the picture (she didn't authorize the ad or make payment), she was given a packet that contained an older issue.

Marinette County Detective Anthony O'Neill reported on his November 5, 2005 interview with Avery that "he told me that Teresa Halbach, as in the past, had given him a copy of the current Auto Trader magazine" (page 2). Avery also told O'Neill that after his business transaction with Teresa he went inside his trailer and dropped off the magazine. O'Neill wrote:

"As our conversation continued I asked Steven if he had ever been inside of Teresa’s vehicle at all and he told me “I might of touched the door”. When asked to explain he said “all different places depends how it is”. Steven went on to explain further in more detail, saying that when Teresa got inside the drivers side (seated in drivers seat) to get the Auto Trader magazine for him he had been holding onto the drivers side door (outside, top or side) up until she handed him the magazine and he had then left and returned back to his trailer home, dropping off the book, then going over to his sisters home to see if Bobby was home but finding that Bobby was already gone."

The above conversation with O'Neill starts at 30:03 in the video linked below:

https://www.youtube.com/watch?v=m-5ZUFmV2lU&feature=youtu.be



[–]Needless Things

Kratz: There isn't a question about who is responsible for the death and the mutilation of Teresa Halbach.

As we know the charges of Kidnapping and First Degree Sexual Assault were dismissed before the trial even began, and the charge of False Imprisonment was dropped after Kratz called his last witness but before closing arguments.

The boys in the club were no doubt concerned come time for closing statements - almost every charge listed in the amended complaint had been inoculated.

Due to Strang and Buting discrediting the gory story Fassbender and Wiegert put forward, Kratz needed to change the theory of the crime for Avery's trial. Of course, this only slightly benefited Steven, and did not benefit Brendan at all. Recall Brendan was convicted for raping and killing her in the trailer while Steven was convicted for killing her in the garage.



[–]Whiznot

People almost universally view the way Avery was convicted as unjust. There is no argument there. The argument is over actual guilt or innocence.

I've slowly come around to thinking something was fishy about Avery's defense. In subtle ways, Strang and Buting meekly acquiesced in favor of injustice.

Real defense lawyers would never participate in a sham trial. Strang and Buting are not who they pretend to be but, man, they were great actors.

Consider the following. Strang and Buting had the information showing that Halbach's cell phone pinged a remote tower when she was supposedly being raped and murdered by Avery and Dassey. Why did Strang and Buting (and their only private investigator, former sheriff's lieutenant Pete Baetz) ignore the single most exculpatory fact?

Only LE think Avery got a fair trial given the fact that two of the jurors were intimately connected to Manitowoc County. One of those jurors was a part time MTSO deputy. The trial was a sham.

After the defense empaneled the two Manitowoc County employees on the jury, Strang and Buting were free to mimic a real defense with the certainty that there could not be an acquittal.

The trial was a sham from the beginning. I think Avery turned against Strang and Buting after Zellner explained how his trial was fixed.

   "I have never liked the mystery surrounding the gentleman's agreement. Anything the prosecution fought to keep the Jury from hearing was no doubt important to uncovering the truth."

I'm in 100% agreement. Consider, Ken Kratz was desperate to keep Brendan Dassey off the stand in Avery's sham trial. Dassey was Avery's alibi witness. The State's extreme and sadistic techniques used to transform Dassey from a witness to a murderer sickened MaM viewers. I cannot understand why Dassey wasn't called to the stand by the defense.

Strang and Buting acquiesced to Kratz's proposed "gentlemens' agreement."

Strang and Buting allowed two prosecution plants to be empaneled on the jury.

Strang and Buting acquiesced to Kratz's desire to keep the jury from hearing from Avery's alibi witness.

Strang and Buting failed to introduce the cell tower evidence that proves Teresa left ASY alive [and they failed to subpoena her original Cingular records, including text messages].

To quote Buting, "what is going on here?"

Dassey was Avery' alibi witness. Surely he could be called by the defense. Kratz was afraid to call Dassey to the stand. Strang and Buting shouldn't have let Kratz get his way. The Dassey "confession" as seen on tape was strong evidence for the defense.


I have read that questions submitted during Strang and Buting's events are screened. The lawyers only answer questions that they want to address.

Attendees are reportedly not allowed to verbalize questions before the audience. Audience members would not have confidential information. Even if audience members were allowed to ask verbal questions Strang and Buting could refuse to answer.

Questions are screened for two potential reasons. A valid reason would be to ensure that questions are germain. Another reason would be to avoid uncomfortable questions.

If I could question Strange & Buting, I can promise you that the lawyers would be uncomfortable. 

Did Strang & Buting throw the case? I don't know for sure but there is a lot of troubling facts that make me strongly suspect that they did.

What kind of defense lawyers fail to strike from a jury employees of a defendant civilly sued by the accused?

The lawyers knew who these guys were. Strang said they they were allowed because other jurors were judged more prejudiced based on answers to the questionnaires.

Strang's statement to Ricciardi and Demos in MaM doesn't pass the smell test. If there was an acquittal the two jurors employed by a corrupt Manitowoc County would be ostracized and almost certainly lose their jobs.

For sure the two plants lied on their questionnaires. From my memory, the two Manitowoc County employees were part of the first 12. I could be wrong though.

[–]ThorsClawHammer

   "DS and JB did a fine job getting 3 felony charges dismissed."

I'd think that part would be pretty simple once Kratz decided they weren't going to use Dassey, being that there was zero evidence to support any of it without his testimony.

[–]Whiznot

The dismissed charges had no practical benefit to the defense because the first degree murder charge carried a life without parole sentence.

The dismissed charges did have a practical benefit for the prosecution because they removed Dassey from the prosecution witness list.

Strang and Buting could have countered by calling Dassey to testify for Avery but, I guess, they didn't want the jury to hear Avery's alibi or to see how his "confession" was coerced.

Do you detect a bad odor yet?

Avery and Dassey would not have to be tried together for Strang and Buting to add Dassey to the witness list. Calling Dassey to the stand opens a disgusting can of worms that Kratz was desperate to avoid.

When Kratz decided not to use Dassey, the defense got the State to drop the sexual assault charge. Strang told the Avery family that the dropped sexual assault charge was a win for the defense. That was bullshit because Avery still faced life without parole. The dropped sexual assault charge was a win for the prosecution because they no longer had to defend it. The dropped charge also tended to make the prosecution look more even-handed.

Kratz had a winning strategy in keeping Dassey off the stand in the Avery trial. The Avery defense shouldn't have gone along. 

The defense desperately needed Dassey on the stand. The jury needed the complete picture.

I think the defense should have called both Avery and Dassey to the stand. Ken Kratz made the decision to keep Brendan Dassey far away from Avery's trial. On direct Avery and Dassey could alibi each other forcing the prosecution to counter with Dassey's obvious coerced confession. The defense already had an expert witness prepared to attack Dassey's false confession. That attack would have been devastating to the prosecution.

Avery's jury needed to see the forced confession videos. Avery's jury needed to see the O'Kelly coercion video. The brutal and slimy was Dassey was treated revolted MaM viewers. I think that Avery's jury would also be revolted.

The defense got screwed alright but Strang and Buting were extremely passive offering only token resistance.

Did Jerry give a reason for the decision to allow prosecution shills on the jury?

Did Jerry give a reason for the failure to introduce the remote cell tower ping that proved TH left ASY?

Did Jerry give a reason for Strang to state, "the police didn't kill her, obviously" in his opening?

I think I'll skip Buting's book.

Why do you fail to realize there is a middle ground between absolving LE of the murder and accusing LE of the murder? If you cannot understand that criticizing Strang for absolving LE of murder does not imply that Strang should accuse LE of murder you are missing something. Accusing LE of murder is a reach, and such an accusation is unnecessary. The right move would be to let the jurors wonder on their own. There were many in Manitowoc who suspected LE as soon as the finger was pointed at Avery.

The defense proved that the investigation wasn't above board due to the conflict of interest. The defense also made a strong case that evidence was planted. It is a fact that MTSO's involvement was corrupt. It is also a fact that MTSO had an extremely high motivation to frame Avery.

Strang and Buting's decisions in this case lead me to believe that they are either fools or frauds. Their willingness to participate in a sham trial before a jury tainted with prosecution plants blows my mind.

The trial was held in Calumet which accomplished nothing because Strang and Buting agreed to seat a jury pool of Manitowoc residents. I am almost convinced that Avery's defense betrayed him. A lot of fishy decisions were made by Strang and Buting.

Why did the defense stipulate to not looking into Teresa Halbach's past?

Avery was convicted based on false pretrial publicity and questionable evidence discovered by LE that he was suing. The jury was seeded with prosecution plants connected to MTSO.

If you saw MaM you know that Strang and Buting knew about juror MTSO association.

Strang defended Kratz as "not a bad guy" even though he knew about all the rape and sexual assault allegations as well his destruction of an innocent mentally deficient child. Making light of such behavior is disgusting.

Winning the Avery case in the Wisconsin political climate could only be accomplished at the defense lawyers' peril. Better to make it look like a real defense when it really was a capitulation.

In Strang's opening he said, "the police didn't kill her, obviously." That should have been everyone's WTF moment.

There were two prosecution plants. I think both plants were empaneled before the main pro-prosecution juror was dismissed. Strang said that the jurors associated with MTSO weren't rejected because other jurors were more biased. No one could possibly be more biased than jurors associated with the civil suit defendant.

I didn't want to accept the possibility that Avery's defense was compromised for political ambition but Buting's political connection to Peggy Lautenschlager and Strang's support for Ken Kratz forced me to reevaluate.

On March 6, 2016 Dean Strang was interviewed by Ted Perry of Fox 6 News. Perry asked Strang how he felt about Kratz's downfall and Strang said, "I was really sad about it. Really sad about it. Ken is not a bad human being at the end of the day. He made mistakes." Well, fuck you, Dean Strang.

Well, the political connections would explain why Buting and Strang failed to strike obvious prosecution plants from the jury. MaM showed that Strang and Buting are much better at acting than they are at defending.

So Strang and Buting suspected that officers of MTSO might have been involved in Halbach's murder. In spite of that fact, Strang said "the police didn't kill her, obviously" in his opening. That opening seriously compromised the defense.

I cannot understand the reluctance of many to accept the possibility of LE being involved in a murder conspiracy. Be informed--in the USA murder conspiracies involving LE are a regular occurrence.

It didn't need to be clean. Manitowoc County, Wisconsin and the local media had everything completely under control. They just never expected two brilliant film students to expose the corruption.

I've always thought that MTSO did the murder and the frame but if LE did it all they would have had TH's full set of keys. Why not plant the set with the ignition key? 

Avery's defense was compromised from the get go.

Impaneling two jurors who work for the defendant that the accused was suing for $36 million resulted in a sham trial. There was no chance of an acquittal. In a sane and just world an outrageous conflict of interest in a capital case jury pool would not be tolerated.

Most of the blame for this travesty of justice is owned by the judge but Strang and Buting tacitly acquiesced.

I can't decide whether Strang and Buting failed to understand the kind of people they were having to contend with or whether they knew damn well who they were up against and were afraid.

Strang's opening, which included the insane statement that "the police didn't kill her, obviously", supports the contention that the defense was intimidated. Kratz stated the obvious in his closing--if Avery isn't the murderer then LE must have done the deed.

Strang and Buting are not admirable. Ricciardi, Demos and Zellner are the true heros of justice.

Strang and Buting allowed the Avery jury to be seeded with prosecution plants without making a peep. I hope Zellner has evidence that Strang and Buting were working for the prosecution.

   "Why is it so hard for people to believe Steven Avery murdered Teresa Halbach?"

Because no crime scene was discovered anywhere on ASY. Because Avery allowed LE to search his yard and trailer. Because Avery had no motive. Because LE had $36 million reasons to frame Avery. Because Avery told his relatives that Teresa Halbach was coming to snap photos. Because Dassey was destroyed to deprive Avery of an alibi. Because bones were found in the quarry. Because all of the "evidence" was discovered by LE Avery was suing after Calumet thoroughly searched the same spots finding nothing. Because Ken Kratz is a sweaty, lying, perverted accused rapist.



Animated image presented at Brendan Dassey's trial that puts Teresa's RAV4 in Avery's garage, yet fails to put Avery's Suzuki and Skidoo snowmobile anywhere in the drawing. The State claims the Suzuki was parked outside the garage along the east side with the Skidoo behind it; however, it wasn't. Avery had moved the Skidoo inside the garage, beside the driver's side of the backed-in Suzuki, which is why his truck was parked to the side of the garage overhead door (the Skidoo had been on a trailer parked in front of the garage overhead door).




Brendan Ray Dassey's drawing of the inside of Avery's garage on left, Tim Austin's forensic drawing of the inside of Avery's garage on the right

The following is page 4 of the Amended Criminal Complaint by the State:

"Dassey stated that he and Steven Avery then unshackled Teresa Halbach and tied her up with rope. Dassey and Steven Avery then carried the body of Teresa Halbach into Steven Avery's detached garage, where they placed her in the back of her Toyota Rav 4... Dassey stated that he and Steven Avery placed Teresa Halbach's body onto a roller creeper and then transported her body to the fire which was already burning behind Steven Avery's garage... Dassey stated that Steven Avery then drove Teresa Halbach's Toyota Rav 4 back by the trees of the Avery Salvage Yard near the pond. Dassey stated that he accompanied Steven Avery in Teresa Halbach's vehicle. Dassey stated that he and Steven Avery tried to conceal the vehicle by covering it with branches and a car hood. Dassey stated that Steven Avery then removed the license plates from Teresa Halbach's vehicle and then opened the vehicle hood. Dassey stated that he did not know what Avery did under the hood, however. Dassey stated that he and Steven Avery then returned to Avery's trailer using the 'long way.' Dassey stated that upon returning to Avery's trailer, he observed Avery place the key for Teresa Halbach's Toyota Rav 4 in a dresser drawer in his bedroom."

On November 11, 2005, DCI Agent Tom Fassbender told DNA analyst Sherry Culhane to "place Teresa in Avery's house or garage." She wrote down this exact quote as part of her notes in the lab message form (Case Communication Record, Trial Exhibit 341). She wasn't able to place Teresa in Avery's trailer; however, a magic bullet with Teresa's DNA, not blood DNA, would be found in Avery's garage in March 2006, after Brendan Dassey's coerced false confession.




Avery's garage with the Suzuki flanked by two snowmobiles


Skidoo snowmobile is on bottom left in this photo of Avery's garage; it had been parked in the middle of the garage, next to the driver's side of the Suzuki

In the photo below, taken after police took control of Avery Salvage Yard on November 5th, tire marks from Steven's truck are visible. If the Suzuki had been parked beside the garage for one week and then pushed into the garage on October 31st (per tampered witness statements), then there would have been tire indentations where it set parked and tire marks in the grass and dirt from where it was pushed into the driveway and then into the garage. However, in the photo, there aren't any visible tire indentation or marks for the Suzuki. In fact, the grass doesn't look disturbed at all.


The items beside Avery's garage are front fenders from a truck

This Picture Alone Proves Brendan Dassey and Steven Avery Innocent
By hos_gotta_eat_too, Tick Tock Manitowoc
February 16, 2017

During the March 1st interrogation by Wiegert and Fassbender, Brendan drew this picture:

 

The Rav4 is not in the drawing. He is drawing it as he remembered it...snowmobile, Suzuki in place where it was when they opened the garage, tractor...

How can you tell he drew a Suzuki and not a RAV4?

Well, to depict the Rav4 being put in place of the Suzuki would mean the Suzuki was outside.

The problem is... this picture:



That little oil stain under the Suzuki... pushing it, or pushing it back in, would create visible tire tracks through the stain as it is being pushed through it.

So unless it was CARRIED out...I can't see how that Samurai moved at all.

http://imgur.com/a/MSIko

I thought it was the Suzuki minus the Rav4 in the garage with it, but after re-reading, he has the Rav4 in the Suzuki's place.

However...moving the Suzuki out, it would have had to pass through an oil spill going out, and coming back in, it would have left dirt from outside in the oil and oil from the oil spill leading backwards to where it's parked. I do not see these at all.

http://imgur.com/a/cfvWo

The Suzuki in Avery's garage - the Skidoo snowmobile has been removed, as well as other items








Above are samples of Avery's handwriting. Avery may have written 3302 Zander Road on the back of the Grand Am for sale sign. He had a Grand Am for sale at the time of Teresa's disappearance, which she photographed on September 19th. Perhaps somebody called Avery about the Grand Am advertised in Auto Trader and he met the potential buyer at 3302 Zander Road.

Alternatively, the home at 3302 Zander Road was for sale at the time, and maybe Avery wanted to buy it with the $400,000 from the State for his wrongful conviction in 1985 (it sold for $183,000 in March 2006). The address 3302 Zander Road appears on page 39 of Avery's computer forensics report. The date the Zander Road address was entered in his computer matches up with a now dead website: wadimicoley. Based on the wayback machine, it's a real estate company. Late in the computer forensics report is more of what Avery was doing on October 2nd: looking up real estate on myaasite.com. On page 12 of the web history and page 131 of the pdf, you'll see a search for the Zander Road address, trying to locate it on a map, right after he's looked at two realtor sites. one is ranwrealtors.com and the other blocks wayback machine access. [Source]



Here is a pic of the computer desk apparently before the sign was 'found'. You can see a Sanford king size black marker on top of an Auto-trader magazine. This is the front of the sign that appears to have been written with the Sanford king size marker. Now compare that to the back of the for sale sign (notice the sharpie to right of the sign). Look at the papers on the right side of the printer in the first linked picture and compare that to this picture You should be able to notice that the writing on the back of the sign is close to the edge, while in the initial picture of the desk you can see there is no writing visible on the papers next to the printer. They had access to his home and computer desk, surely they had plenty of samples of his handwriting to mimic. But more importantly the pictures show that there was no writing on the back of the sign when police started taking pictures inside the trailer. Avery was never in his trailer after those first pictures were taken so he never had a chance to write on the back of that sign after those first pictures were taken. [thed0ngs0ng, reddit, May 28, 2017]