Showing posts with label Bobby Interview 11-17-17. Show all posts
Showing posts with label Bobby Interview 11-17-17. Show all posts

Wednesday, October 24, 2018

Did Bobby Dassey Kill Teresa Halbach with Scott Tadych as an Accomplice?





Audio of Bobby Dassey Interview with CASO and DCI on November 17, 2017
"The only two questions: (1) On 11/3 who knew SA’s finger re-bled & he went to his trailer to get tape? (2) Who had access to SA’s burn pit on 11/4-11/5, before cops arrived to plant bones from a burn barrel? Hint - Bear did not bark." [Kathleen Zellner, @ZellnerLaw, October 22, 2018]

Audio of Barb Janda Tadych's interview with DCI agent Joseph Kapitany and CASO deputy Wendy Baldwin on November 9, 2005

Kathleen Zellner's investigators said that Bobby Dassey was "unbelievably rattled" during their interview with him, particularly when they mentioned his computer hard drive. Evidence found within Bobby's internet search history has shed new light on him as a potential suspect. [Source]

Question: Hadn’t TH taken photos for the Avery’s/Dassey’s previously? Why would she need to call for an address/directions?

Zellner: 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.

The message Teresa left on the Janda machine at 11:43 AM on 10/31/05:

"Hello. This is Teresa with AutoTrader Magazine. I'm the photographer, and just giving you a call to let you know that I could come out there today, urn, in the afternoon. It would -- will probably be around two o'clock or even a little later. But, urn, if you could please give me a call back and let me know if that will work for you, because I don't have your address or anything, so I can't stop by without getting the -- a call back from you. And my cell phone is xxx-xxxx. Again, it's Teresa, xxx-xxx-xxxx. Thank you."

On 10/31/2005, the Dassey computer was used to access the internet at 6:05 AM, 6:28 AM, 6:31 AM, 7:00 AM, 9:33 AM, 10:09 AM, 1:08 PM, and 1:51 PM.

Did Bobby use the internet to contact Autotrader and request a same day photo shoot, and did he give them an address other than one at the salvage yard (the Autotrader website had a form you could submit online to request a photo shoot)?

Autotrader called Teresa at 9:46 AM and left a message. Was this message about a photo shoot request from Bobby at a location other than the salvage yard (maybe Kuss Road or the house in Maribel, across from Cedar Ridge Restaurant, which was vacant at the time -- the German's wife didn't move in until 11/4)?

At 11:04 AM, Teresa retrieved the 9:46 AM message left by Autotrader. Is this why Teresa called the Dassey home at 11:43 AM? Was it a separate photo shoot unrelated to Barb's minivan?

Or did Bobby text, instant message, or email Teresa, requesting a same day photo shoot? And is this the reason Teresa called the Dassey residence at 11:43 AM, requesting the address because he only left a name and number? Teresa said: "I don't have your address or anything, so I can't stop by without getting the -- a call back from you."

"After Teresa called the Dassey landline for directions, our suspect contacted her back with the Dassey address." - Kathleen Zellner

Zellner says after Teresa called the Dassey landline requesting contact with directions, the killer contacted Teresa, but not by phone.

Question: Bobby's computer shows activity at 1:51. Was the computer used to communicate with Teresa or was this via someone else's phone?

Zellner: Communication was not by phone.

The phone number Steven Avery gave Autotrader wasn't his own but, according to the job sheet, was the Dassey/Janda landline. And the address Steven gave, according to the job sheet, was 12930-A Avery Road, so Teresa had the address for the minivan photo shoot and would have known from the name of the road that it was the salvage yard -- she had been there at least six times before, the last time being 10/10/05.

Steven Avery wasn't expecting Teresa to call him back to confirm the appointment because he gave Barb's number to Autotrader. This probably is why Steven called Teresa twice, at 2:24 PM and 2:35 PM, to check if or when she was coming since he hadn't received a confirmation from Autotrader or Teresa.

Steven's 2017 affidavit gives the following reason for the 2:35 PM call to Teresa:

"I called a second time at 2:35 PM but I hung up immediately because I saw her at the van. Photographing it. I have had an opportunity to review my phone records to refresh my memory. Based on my recent review of my phone records, I know that Ms. Halbach began photographing Barb's van at 2:35 PM."

On Teresa's Autotrader job sheets for the B Janda minivan photo shoot, the Avery Road address is there in full (trial exhibits 17 and 22 -- see images below).

 A logical explanation: Bobby Dassey contacted Teresa directly to arrange a hustle shot, but he only gave a name and phone number. And the job Teresa was calling about was this hustle shot, not the B Janda minivan job that Steven requested when he called Autotrader around 8 AM on 10/31/05.

When Bobby contacted Teresa again, after 11:43 AM on 10/31/05, but not by phone (according to Zellner), he gave her the Kuss Road location or some other location west or southwest of the salvage yard.


Two exhibits from Steven Avery's trial (image above) demonstrate that Autotrader gave Teresa Halbach B Janda's name, address and phone number, the number she called at 11:43 AM on 10/31/05

Kathleen Zellner @ZellnerLaw at 10:30 AM on November 15, 2018:

Making a Murderer watchers, listen up.  I'm going to walk you through what I've learned through my investigation that you didn't see in the show.

1 . On 10/31/05, Scott Tadych visited Bobby at the Avery salvage yard (ASY) around noon.

2. After Teresa (TH) called the Dassey landline for directions, our suspect contacted her back with the Dassey address.

3. 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.

4. 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.

5. TH was put in the rear cargo area of the RAV4 and driven back to ASY.

6. TH's RAV4 was spotted leaving the ASY with an unknown driver at 3:45 p.m.

7. RAV4 was left by the old dam West of Mishicot on 10/31/05.

8. 3 witnesses saw RAV4 up to 11/4/05, then it was gone.

9. Recent investigation shows the RAV4 battery died, so it was replaced in order to move the RAV4 to the ASY.

10. TH's body was burned in a burn barrel.  Dassey burn barrel had human bones.

11. 60% of bones and 31 teeth missing.

12. A witness smelled horrible odor of something burning in Manitowoc County gravel pit the evening of 10/31/05.

13. The Dassey garage was never luminoled or DNA tested.  Bobby hung a deer in the Dassey garage on 11/4/05.

14. Sikikey note—Body burned at smelter 11/4/05, 3 a.m.  Tadych worked the night shift at a smelter facility.  His nickname: Skinny.

15. TH's electronics were not burned in Steven's burn barrel; they were burned in Dassey burn barrel.

16. Suspect knew Steven's finger re-bled on 11/3/05 because he observed it.

17. Suspect had access to Steven's trailer to remove blood from the sink.

18. Only our suspect knew the blood in the sink was Steven's and not TH's (this rules out the police).

19. 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

Below are some of the questions and answers from #AskZellner on October 23, 2018.












Exhibit J, video reenactment from Kathleen Zellner's 10/23/2017 Motion for Reconsideration - Bobby Dassey Following Teresa Halbach

If the scenario in the video above is true, then Teresa never made it to Zipperer's or she went to Zipperer's before driving to Avery Auto Salvage.



The earliest Teresa would have arrived at Zipperer's is 2:14 PM if what the State presented at trial is accurate: that Teresa called Zipperer's at 2:12 PM, looking for help in locating their home. She checked her voicemail at 2:13 PM, so 2:14 PM is the earliest she would have encountered JoEllen in the backyard. The transaction would have taken longer for a new customer, which the Zipperers were, and longer since the vehicle she was supposed to photograph wasn't in the driveway. JoEllen showed Teresa how to get to it, and then she came back and hand-delivered the new-customer packet to JoEllen. This would have taken no less that three minutes. So the earliest Teresa left Zipperer's driveway was 2:17 PM. Based on cell tower data, Teresa drove from Zipperer's to Avery's via County Road B. According to Google Maps, it is a 14-minute drive to 12923 Avery Road from 4433 County Road B (before the traffic circle was built at the intersection of US-10 and County Road B). So the earliest Teresa would have arrived and parked near Barb's minivan, if she was driving the speed limit for the 9.7-mile trip, is 2:31 PM, which coincides with the termination, 2:32 PM, of the 2:27 PM incoming call to Teresa's cell phone (Teresa and the caller talked for five minutes).



If Teresa went to Zipperer's before Avery's, the question to ask is: Why would Teresa turn left from Highway 147 onto County Road Q? The answer: She had a pre-arranged appointment along that route or she was waved down and pulled over before the intersection of Highway 147 and Q; otherwise, she would be heading toward Green Bay or home, and she would have driven west, not south.




Kathleen Zellner Interview with The Daily Beast, October 2018:

You lay out a convincing case against the forensic evidence used by the prosecution, as well as come up with a theory of your own—namely, that Brendan’s brother Bobby and stepfather Scott Tadych were likely behind the killing. Is that still your theory? And if so, is there anything new on that front?

In the series, they really got to all of that at the end of the tenth episode, because they were following my process. When I started the case, I started with nothing—no new evidence or anything. Then I gradually worked my way through the state’s case.

But no, my theory hasn’t changed, and this is what it comes down to. We realized that the 1996 blood vial had not been accessed by the police—the defense was just wrong about that theory. The packaging had been opened up in 2002 by The Innocence Project. The defense thought the packaging had been tampered with by the one officer, Lenk. It had not been. He never had possession of that blood tube. There was no missing blood from it; we got the exact quantities. All of those tubes have a hole in the top of them. Once I talked to experts that were dealing with EDTA tubes all the time, they said there was nothing that substantiated that theory.

One of the big problems with the defense was, they got locked into that theory, and then the state did the EDTA testing—which we considered redoing in the beginning, but experts said you’re going to end up with the same results, there’s just not EDTA in the tube. I always go back to the client and talk to them about the source of the blood. And in listening to Steven’s interviews, he’s always said the blood came from the night his finger broke open again, and he bled in his sink, and then he noticed the blood was missing. Sure enough, in his audio interviews back in ’05, he was telling the police that, and he told his attorneys that.

That changed the dynamic of the case, and who could be responsible for the murder—because I realized the police didn’t plant the blood. If the police had gotten in the trailer and seen blood in the sink, they’re not going to remove the blood, because they don’t know that that’s not Teresa’s blood. You would never do that. You would think, “Oh my god, there’s blood in the sink, it’s probably the victim’s.” You’re not going to scoop it up and go and drip it in the car.

So I realized the killer was the one who planted the blood. That then narrows the whole universe of suspects, because who knew that Steven’s finger had broken open again? There were witnesses that said the cut had existed for a couple of weeks. But his finger broke open again, and then it’s: who realized that he was bleeding and went back to his trailer to get a Band-Aid? Then we narrowed it again to just Bobby Dassey, because Brendan Dassey had gone with Steven. And the taillights that were in front of Steven’s trailer as they pulled out, and they ended up coming back, could only have been Bobby Dassey’s vehicle, because there was no one else who could have gotten that close to Steven’s trailer that quickly.

Then we started really looking at him, because he was the star witness for the state, and there have been other cases where the star witness ends up being the killer; the DNA subsequently proves they’re the killer. There’s a famous case in Nebraska where that happened. We started digging in, and discovered all of the stuff on the computer. We knew that he was very obsessed with her [Teresa Halbach], always watching her when she would come over. Then when the older brother gave me the affidavit saying Bobby told him that he saw her leave, we knew his trial testimony was false.

Given all of this, where is Steven’s case at the moment?

We prepared and filed the petition, and we filed an enormous amount of material—scientific evidence, our theory, all of that. We filed it at the trial court, and our experience across the country has been that trial courts do not reverse convictions; it happens at the higher court level. So we filed it knowing that the judge in this little place, Sheboygan, would summarily deny it, which means nothing. We’re in the process of appealing it to the appellate court, and that’s where most convictions are overturned across the country. Our appellate brief, which has all of these theories, all of this scientific evidence—the record’s 30,000 pages—is due on December 20.

Steven’s case, compared to Brendan’s, is just starting out, because Steven hasn’t had an attorney for years. Brendan has had Northwestern since 2010, and they did what we’re starting out to do—they went all through the state appellate system, and then when they lost, they jumped over to federal court, and took it all the way to the U.S. Supreme Court. They’re years ahead of us. In some of the things I’ve read, they’ve acted like, well, what does any of this mean, the case is over. No, the case has just started. The post-conviction has just started for him.

Brendan’s case seems to have hit a ceiling at the Supreme Court.

It has, totally.

Does that hurt Steven’s case?

Brendan’s case is over, in the sense that they raised all the issues on the confession being involuntary, and they went through the state system. They were, in 2011 or 2012, where we are now with Steven’s case. Then they took it over to the federal courts, and got a couple of positive opinions that got overturned. So the only possibility, I think, for him—he would have to come back to the lower court, in the state court of Wisconsin, with new scientific evidence to try to dispute the validity of the confession.

That’s why what we’ve developed may ultimately help him. But the problem in the post-conviction world is there are so many procedural hurdles. The first response of the court to the Northwestern attorneys would be, why didn’t you do this the first time? It’s a really difficult system to operate in.

The show suggests that an enormous problem here is that the state of Wisconsin will do anything to avoid admitting any wrongdoing. Does this always happen in post-conviction cases?

No, it doesn’t. If we had developed the same evidence in Steven’s case and we had been in Illinois, in a big urban area like Chicago where they have a conviction integrity unit, we would have been given an evidentiary hearing immediately. And quite frankly, if the prosecution had determined that there were enough flaws in the original trial, by agreement, we would have gotten a new trial.

Because there are no conviction integrity units in Wisconsin—none of the prosecution offices have them—we have just hit a brick wall. We got some cooperation initially with the scientific testing—we had an agreement with the state to do an evidentiary hearing. They thought it would last four weeks, and we were going to have it in the spring of 2018. And then the judge just arbitrarily dismissed our petition. Even though we had an agreement with the state, and we told her that, she still dismissed it.

So we’ve just hit a brick wall with cooperation, or any of them thinking at all that there could be something wrong with the case. It’s really unlike what we’ve experienced in other jurisdictions across the country. I haven’t had a single one of my twenty exonerations retried. They decided the case was flawed, my client was released, and that’s the end of it. But this one, we couldn’t even get in for an evidentiary hearing. And that’s going to be part of the appeal—that we should be granted an evidentiary hearing.

But yes, they’ve really thrown up a lot of roadblocks. Is that your impression?

Absolutely. It seems like the state has dug in its heels, to the point that they don’t even want to find out if mistakes were made, or an injustice has taken place. It’s galling.

I one-hundred-percent agree with you. It just seems very backwards to me compared to what a lot of jurisdictions are doing. People are recognizing across the country, in Illinois, in Texas—which has had tons of exonerations—New York, California. The longest one I’ve ever had pending was in Missouri, Ryan Ferguson’s case, but that was only four years. We got the hearing, the witnesses admitted they had committed perjury in that one, the trial judge denied release, and we had to get release from the appellate court.

But this! I swear, if I was granted a new trial, Steven Avery would not be convicted again. Because the defense attorneys didn’t even have the most basic experts. They didn’t have blood spatter. The point of the blood spatter was that Teresa Halbach was ambushed. She opened up the rear cargo door to get her camera out, and somebody hit her and knocked her on the ground and they’re beating her. So it wasn’t at all like what the state said. She was ambushed.

Then, also, with Steven’s blood—it was dripped selectively into the car. There are no fingerprints in the car. So how do you bleed from your finger, don’t leave fingerprints, and there’s twelve places in the car where there’s no blood—like the door handle, the steering wheel, the gearshift, the brake shift? If we got back into court, just with the blood spatter expert—because I’ve won cases just on that—we would win this. And then look at the bullet. The bullet didn’t go through anyone’s head.

How hopeful is Steven—and are you—that the case is going to move forward productively in the near future?

He’s extremely resilient, and he’s very hopeful because he knows that I’ve done this so many times before. That’s also what gives me hope, because we’ve hit walls before, and we’ve always persevered. And I think the publicity really helps. I think eventually, you can almost shame people into doing the right thing.

Just let us back in court. If this thing is so solid, let us do another trial. It should be simple for them to get a conviction if this is so solid. But to know that the state had fourteen experts, and Steven had one, and he just looked at photographs of the bones; he never looked at the bones. The case was just so deficient in the way it was presented. That’s why if they’d just let us back in court…but that’s what they’re fighting. They don’t want us back in court.

But trust me, I will outlast them. I have incredible endurance for these things! I’m not going away. I’m like a bad recurring dream.
Zellner tweeted on November 15, 2018: "A witness smelled horrible odor of something burning in Manitowoc County gravel pit the evening of 10/31/05."
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Saturday, November 4, 2017

Sacrificing Brendan Dassey


Brendan with his mother Barb and father Peter

[–]GrowingHumansIsHard wrote at Reddit:

I actually am a pen pal of Brendan Dassey [who turned 28 on October 19, 2017].

His IQ is around 70, and he graduated with his GED in December 2015.

He has someone help write his letters because he often doesn't understand questions his fans write him, nor is he that strong of a writer. He will often say his writer had to ask him the question repeatedly in different ways for him to comprehend it.

He is a very sweet kid. He's always wanting to try and help anyone as much as possible. He said he writes to literally anyone who writes him because they deserve a letter back for taking time out of their day to write him.

So if anyone has ever considered writing him, please do so. He loves to hear about where you travel to, tell jokes, and he loves to talk about eating different kinds of foods. He especially loves hearing about pizza and hamburger places he should try once he gets out.

Here is his address to send letters only to:

Brendan Dassey #516985
Columbia Correctional Institution
PO Box 900
Portage, WI 53901

Honestly, I am surprised by the lack of information on a lot of people's parts.

Brendan is very simple. What you see is what you get. I can't imagine he ever did this crime. Not even if he was forced into doing it. He just is so simple. All he wants to do is play video games and have a girlfriend.

I think perhaps sometimes the rest of us look too much into things, when they don't look enough into things.

Was anyone in here part of the Brendan Dassey Facebook group the family set up? They did a live Q&A last year where supporters could ask questions, and Barb and Scott Tadych and family friends would answer questions.

They were asked what their favorite childhood memory of Brendan was; they had no answer.

They asked what his favorite movie was; no answer.

They asked at one point if he was a playful kid who ever hurt himself; they said no.

If you know Brendan you know he hit his head hard on the back of a truck tow hitch as a kid and was sent to the hospital.

It's simple things like those questions that make me wonder, do they even know Brendan?

I was a member of the family's Facebook group and watched that heartbreaking interaction. It sickened me and within a week I was off that Facebook page, never to look back.

They gave me the impression that Brendan was left out of a lot of things growing up.

Brendan often talks about how his brothers were asked to do fun stuff, but he never was.

So the idea of Bobby and Scott hunting without him that day doesn't surprise me.

I feel like Bobby and Scott Tadych have inconsistent alibis because they were trying to make sure they were distanced from the events that took place and that Bobby may have been trying to help Steven Avery's alibi. But they did a poor job at planning.

Scott had only been dating Brendan's mom Barb for a year when this took place, so he may have easily thought Steve Avery was a creeper and belonged in prison. I dunno. I just don't get why people think the brother and stepdad did it.

Is the stepdad a good guy? I don't know, but he sure does know more about Brendan than his own family.

When the family did the live Facebook Q&A session, they couldn't tell you shit about Brendan's interests, life in prison over the years, etc., but the stepdad could tell you stuff. How freakin sad is that? Dude deserves a gold star for at least trying to make it look like he talks to the kid.

In my mind, I just think they were "simple" country folk.

Brendan was a little different than the rest of the kids, and they never paid him any mind.

Lots of people think Bobby and Scott were up to trouble when they went hunting without Brendan, but if you know Brendan, they left him behind ALL THE TIME.

I pray to the gods that Brendan is not returned to that home until massive therapy for everyone is completed. Otherwise, Barb will have him pimped out like a circus monkey on every talk show willing to give her gas cards or stamps. Unfortunately, he will return to live with her.

There have been discussions of having him go on speaking tours to talk about his situation and inspire other people. I personally can’t see Brendan as a motivational speaker. He’s very reserved.

It’s my personal opinion that Barb will try to pimp him out and he will go along with it. Because, to him, he loves his mom and loves the attention he is finally getting from her.

I remember people would send Barb money to help Brendan buy commissary. Yet, if you read his letters, he’d always ask for items, saying he was low on stuff. What was that about?

That’s a whole other can of worms, though, because I believe Brendan was being played by another inmate who was helping write his letters for him. This inmate kept a notebook of details about Brendan's supporters and would stay up till 2 AM typing letters “as BD.” And Brendan would read and approve them. It’s quite a bigger mess than people realize because this inmate's crime is not pretty, and he’s also a registered sex offender.

Brendan has unfortunately been played by almost everyone around him. Again. Just my opinion.

I know how much he adores his mom. He really does. He is always telling me when she will visit and how excited he is. He's a momma's boy, through and through.

I'd be very curious to see the visitor log for Brendan, as I've heard several people close to the family say he was rarely visited. Which is why in the documentary they only show recent photos of Brendan with his family, as opposed to photos of him throughout the 10 years he's been in there. I've only ever seen one photo of him from when he was at Green Bay, I believe during Christmas time. He was approximately 19. Other than that all the other photos with "family" were recent.



Brendan as a child; Brendan receiving his GED in prison in December 2015; and Brendan with stepdad Scott Tadych, mom Barb, and brother Bobby in 2016


Brendan in court and photos of his brother Blaine, 2006-2007 time period

'Making a Murderer': Avery Lawyer Adds Allegations in New Court Motion

Kathleen Zellner filed further court documents, now alleging that Steven Avery's sister Barbara and her husband know more than they're letting on

Rolling Stone
November 2, 2017

There's still no word on when Netflix plans to drop Making a Murderer's second season, but there's been plenty of legal drama in recent weeks surrounding Steven Avery's case. Last week, Avery's attorney, Kathleen Zellner filed court documents that, amongst other legal issues, implicate Avery's nephew Bobby Dassey – older brother to Avery's co-defendant, Brendan Dassey – in the 2005 murder of Teresa Halbach. The Avery and Dassey families were reportedly kept in the dark about the attorney's plan to present Bobby as a suspect, and it's provoked shock, anger and, it seems, additional revelations. Yesterday, Zellner filed yet another supplement with further evidence to support both allegations – and all of it came from statements made by members of the Avery/Dassey clan in just the last few days.

In new court filing, attorney Kathleen Zellner says damning evidence shows Bobby Dassey could have been involved in Teresa Halbach's murder

First, a quick refresher: In September, Wisconsin Circuit Court Judge Angela Sutkiewicz denied Avery's request for a new trial in a six-page decision that didn't address many of the issues Zellner raised in her 1,200 page brief. At the beginning of October, Zellner responded with a motion to reverse that decision on the grounds that the record was incomplete at the time of the ruling, and an evidentiary hearing on all the new findings was warranted. Last week, Zellner filed a 54-page supplement that mostly focused on new evidence that Bobby Dassey had given false testimony – which was key to the State's theory that Halbach never left the Avery property — and had the motive, means and opportunity to be a viable alternative suspect.

That evidence included a signed affidavit from a third Dassey brother, Bryan, confirming what he told police during his 2005 interview. "I distinctly remember Bobby telling me, 'Steven could not have killed her because I saw her leave the propery," Bryan's affidavit states. At trial, Bobby testified that he did not see Halbach leave and instead saw her walking in the direction of Avery's trailer. Prosecutors repeatedly emphasized the importance of Bobby's testimony to their case.

Perhaps most damning, however, are Zellner's allegations about the contents of the Dassey family's computer hard drive. Investigators seized the laptop in April 2006, believing it could contain evidence relevant to Halbach's murder. Zellner says that it does – police recovered pictures of Halbach, as well as "many images of violent pornography involving young females being raped and tortured." However, they were all allegedly accessed via the Internet at times when Brendan Dassey was at school and Bobby Dassey was home alone. It's understandable then why the prosecution wouldn't use this evidence at trial, but Zellner believes this further illustrates yet another missed opportunity by Avery's trial counsel.

"There is a paragraph in a police report from 2006 describing what we were able to find with more clarity," Zellner tells Rolling Stone. "All of this demented violent material was there and [the State] found it. [Avery trial attorneys Dean] Strang and [Jerry] Buting received the reports on this violent porn about 7-10 days before trial. Clearly, they should have investigated, gotten a forensic expert and pinned it to when only Bobby was home. But the State had no real interest in outing Bobby's perversions and obsession with dead female bodies – after all, they didn't want the jury to see their star witness was a developing sexual psychopath." (Bobby did not respond to requests for comment when Rolling Stone reached out after Zellner initially made these allegations last week.)

Zellner's new filing includes a new affidavit given earlier this week by a fourth Dassey brother, Brad, Brendan and Bobby's half-brother. (There are five Dassey brothers.) According to Brad, in 2006, Barbara told him that she had hired someone to "reformat" the computer, and specifically to delete "pornography," before the authorities seized it. Zellner has already filed an affidavit from a computer forensics expert who analyzed a copy of the laptop hard drive and discovered that numerous files accessed in the months prior to the murder had been deleted.

"[Barbara] said she did not want anyone to get what was on her computer," Brad Dassey states in the affidavit. Concerned that she was "trying to remove evidence related to Halbach's murder," Brad contacted authorities – but he was never called to testify at Avery or Brendan Dassey trials, and the computer or the pornography was never mentioned. It's not clear if investigators ever questioned Barbara about Brad's allegations, but Zellner tells Rolling Stone, "There is no proof that the State's forensic examiner had the technology to figure out the deletions."

Barbara Avery was credited as Barbara Janda – her now ex-husband's last name – on MaM, but she has since married Scott Tadych, who was also featured in the series. Tadych and Bobby Dassey were each other's alibis, leading Zellner to posit that they both could be involved in Halbach's murder. Her latest filing contends that "additional new evidence continues to develop."

Two of the exhibits attached to Zellner's latest filing are an audio file and transcript documenting a call between Avery, Barbara and Tadych that occurred just last week. According to Zellner, the conversation proves Barbara's "lack of credibility" in regards to the laptop, contains admissions from Barbara and Tadych that Halbach did leave the Avery property before her disappearance/murder, and demonstrates that Tadych "has violent, homicidal propensities manifested by his uncontrollable temper."

On the call, when Avery asks his sister about "all that shit on the computer," Barbara repeatedly denies having Internet service back in 2005 and 2006, which Zellner alleges is a lie, as there is ample evidence to the contrary. Later in the conversation, Barbara changes her tune when Avery says that only Bobby would have been home when the disturbing material was accessed. "Then somebody else was in my fucking house and was on it," Barbara responds, seemingly confirming that the household did indeed have Internet service.

And then there's this exchange, where Avery references Bobby's conflicting statements about whether he saw Halbach leave the Avery property.

AVERY: And he said he left. She left.
SCOTT TADYCH: That's right.
BARBARA TADYCH: Yeah. She left.
AVERY: Yeah.
BARBARA TADYCH: Yeah.
AVERY: Well, he [Bobby] didn't testify for that.



Zellner says this is further evidence that Bobby did see Halbach leave the Avery Salvage Yard on the day of her disappearance, and Barbara knew it and thus would have known that Bobby was lying in his trial testimony. Zellner contends that Tadych's response indicates that either he was also told this information, or he "observed and/or had contact with Ms. Halbach after she left the property." Zellner also included a screenshot of a recent Facebook exchange in which Barbara acknowledges that Bobby's testimony about seeing Halbach walking towards Avery's trailer is also false.

Throughout the call, Scott Tadych uses abusive language and insults, threatens to assault Avery, and tell him he's going to put him "in the fucking ground."

"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."

Multiple requests for comment from Barbara and Scott Tadych went unanswered, but Avery and Dassey family cousin, Carla Chase, gave Rolling Stone permission to republish a statement she posted in a private Facebook group: "Kathleen Zellner's supplement to the motion filed yesterday is difficult to read. My family appears to have been targeted and pushed to turn on each other, but no one in our family had anything to do with [Halbach's] disappearance. Not Steven. Not Brendan. Not Barb. Not Bobby. Not Scott. Please let Kathleen Zellner do her job and wait to pass any judgement on our family. Steven and Brendan have paid the ultimate price of being locked away, but all of my family has been victimized by this horrible injustice. Barb and her family, all of us are doing what we can to get Steven and Brendan released. Please support our family while we get to the bottom of it."






Photos of Bobby and Blaine and their toys in the 2006-2007 time period


Brendan and Steven Avery in November 2005
JODI states STEVEN has no friends that stop over at the property. She states the only visitors to STEVEN's mobile home would be his sister, BARBARA, and BARBARA's children. [CASO page 84]

We asked BARBARA about an argument she had with STEVEN about selling her red van. BARBARA said she had disagreed with him putting it in the AUTO TRADER because she did not feel she needed to sell it, she was going to keep it for one of her sons who was getting their driver license. BARBARA said she thought it was a waste of money to spend the $40.00 to run an ad for the van. We asked BARBARA how much she thought the van was worth and she said about $1,000.00. We asked BARBARA if she has ever gotten into an argument with STEVEN particularly in the last couple of days prior to 10/31/05. She said she and STEVEN had gotten into an argument and he had told her her kids are stupid and she needs to spend more time with them and be a mom. BARBARA said STEVEN was very demanding and stating she was doing a bad job raising her kids. [CASO page 264]

We asked BARBARA who the other person may have been that was standing out by the fire and she said she did not know; however, BRENDAN did spend quite a bit of time with STEVEN because he was the only child who did not have a lot of friends at the time and he did help STEVEN with stuff around his house. [CASO page 264]
Brendan Dassey with his father Peter Dassey and his half-brother Brad Dassey


We asked BARBARA who the biggest influence in her son's life would have been and she said TOM JANDA was good with her kids and took them fishing a lot; however, he had moved out in October. I asked BARBARA if STEVEN has ever come on to her sexually and she said just stupid comments and pushing and shoving. BARBARA stated she did not feel there was anything unusual or out of the ordinary with her relationship with STEVEN... I asked BARBARA who STEVEN said the handcuffs and leg cuffs were for and she said he told her it was for JODI. I asked BARBARA when JODI was due to be released from jail and she said March. I asked BARBARA if she really thought those items were really going to be used for her and she said no. [CASO page 264]

We asked BARBARA about her son, BLAINE's, relationship with his boss, MICHAEL, and she said it was fine, that he did a lot of landscaping for him and she thought he treated him like a son. We informed BARBARA of our concerns with his boss and the way he was treating him and touching him during an interview that one of the other agents had with BLAINE earlier. [CASO page 264]

The State of Wisconsin took advantage of a vulnerable mother and her teenage sons (she needs to finally tell the whole truth).

The following is the end of Brendan's interrogation on March 1, 2006. It starts around page 670 of the CASO file.
(door opens and closes)
BARB JANDA: Why didn't you tell me? Huh?
FASSBENDER: Barbara give me your coffee, it's in your hands right now.
BARB JANDA: Huh? Did he make you do it? (Brendan nods "yes") I woulda walked out. That's what I woulda did. (crying during pause) Why didn't you just tell 'em, no? Huh?
BRENDAN: I don't know.
BARB JANDA: You knew it was wrong, right? (Brendan nods "yes") (pause) Do you know you can't come home? Do you know where you're going? (pause)
BRENDAN: How long is it though?
BARB JANDA: I don't know. I do not know. (pause) Do I have ta get some him an attorney, or will they do it for me?
FASSBENDER: The court will assign one for him or the state will pay for his attorney if he can't pay for it, but obviously you have a right at any time to try and get him one or get him one.
BARB JANDA: I tried for a public defender not too long ago and I couldn't get cuz l've got a house.
FASSBENDER: Well there's different, different ways that they determine, you know, based on, on what you've been arrested for and stuff like that. There's different levels of, of money that you need, you need, they, they will determine and I don't know what that is or how they determine that. (pause)
BARB JANDA: Are you gonna be OK, are you sure? Huh. Look at me. Why didn't you tell me? Stuff like that is not no secret. I don't care if he told you if he said to keep it a secret, it's still not a secret. I don't keep secrets from yous. Do I? Don't worry about my belly, I haven't eaten in two days.
FASSBENDER: I didn't even hear it. Did you want a sandwich, Barb?
BARB JANDA: No.
FASSBENDER: We have some here.
BARB JANDA: No. I'd probably just throw it up anyhow. Am I gonna be able to see him? Later on, after he gets where he's gotta go?
FASSBENDER: I don't know, ah, on their policies and when they allow visitation and stuff like that. We can check with Mark. He's gonna know Sheboygan's polices or whatever. With, with juveniles there's probably a good chance but I just don't wanna say right now.
FASSBENDER ON THE PHONE: Hello, Tom here. Good how are you?
BARB JANDA: Why.
BRENDAN:
BARB JANDA: Huh?
FASSBENDER ON THE PHONE: It's on for tomorrow?
BARB JANDA: What?
BRENDAN:
BARB JANDA: I said why?
FASSBENDER ON THE PHONE: OK.
BARB JANDA: Mh huh. What did he do to you to make you do it?
BRENDAN: Nothin'
BARB JANDA: Did he force you to do it? (Brendan shakes head "no")
FASSBENDER ON THE PHONE: All right if, if we go in tomorrow and I think we need someone, I'll call you. All right?
BARB JANDA: Mh huh.
FASSBENDER ON THE PHONE: All right, thanks. Bye.
BRENDAN:
BARB JANDA: Mh.
BRENDAN: You don't want to.
BARB JANDA: What?
BRENDAN: I didn't want to.
BARB JANDA: Ohh. (door opens and closes) Are you regrettin' it now? (pause) You had a whole life ahead of you Brendan. Just because he's so demanding, doesn't mean you gotta do the stuff he says. Right?
BRENDAN: Where am I going?
BARB JANDA: Where do you think you're going?
BRENDAN: I don't know?
BARB JANDA: You're goin' to juvie, that's where you're going, to a juvie jail. About 45 minutes away.
BRENDAN: Yeh, but I gotta question?
BARB JANDA: What's that?
BRENDAN: What'd happen if he says something, his story's different? Wh-he says he, he admits to doing it?
BARB JANDA: What do you mean?
BRENDAN: Like if his story's like different, like I never did nothin, or somethin.
BARB JANDA: Did you? Huh?
BRENDAN: Not really.
BARB JANDA: What do you mean not really?
BRENDAN: They got to my head.
BARB JANDA: Huh?
BRENDAN: ......say anything.
BARB JANDA: What do you mean by that? (pause) What do you mean by that Brendan? (pause) I have a question for yous two. Is there any way that l can talk to him. Not him, the other one.
WIEGERT: As in Steve you mean?
BARB JANDA: Yes.
WIEGERT: The only way we can have you talk to him is if he calls you or if it's, you know, you go there for visiting.
BARB JANDA: I won't go there and visit.
WIEGERT: OK. That's the only way. I-I have no other way of, you know, I-I can't hook you up to him or anything like that. I'm not allowed to do that. If he calls you, you can do what you want or if you go there for visiting, you know, that's up to you.
BARB JANDA: Were you pressuring him?
WIEGERT: Who are you talking about?
BARB JANDA: Him.
WIEGERT: What do you mean, pressuring him?
BARB JANDA: In talking to him.
WIEGERT: No, we told him we needed to know the truth. We've been doing this job a long time Barb and we can tell when people aren't telling the truth. And, in my opinion, he'd never be able to live with himself if he didn't tell somebody. There's no way he could've live with that. Nobody could live with that. I think Brendan knows that.
WIEGERT: Brendan, you need to use the bathroom or anything? (Brendan shakes head "no")
BARB JANDA: When are you going out to my house then?
WIEGERT: As soon as we can leave here, we'll go out there. I don't think we're gonna bring Brendan out there though. I-I just don't think that's a good idea. I don't think he needs to be exposed to that or be out there anymore. (door opens and closes) It's not gonna do him any good.
BARB JANDA: So what you're sayin' is if, when he gets out, it wouldn't be a good idea for him to be there, at all.
WIEGERT: I-You know, I can't tell you where for you guys to live, but what do you think? Do you think it's a good idea for him to be next to where this stuff occurred?
BARB JANDA: I-I don't wanna be there, but I can't afford another place.
WIEGERT: I know.
BARB JANDA: I mean, that's $80,000 I owe yet.
WIEGERT: I understand.
WIEGERT: It's a shitty, shitty spot to be in.
BARB JANDA: And nobody's gonna buy it.
WIEGERT: You're in a bad spot an -- and I wish I had some answers for you. If there's somethin' I can do to help ya, I certainly will. (pause) Maybe you should look into movin' the house.
BARB JANDA: I can't afford it.
WIEGERT: We -- who knows, you don't even know what it'll cost, depends on where you move it.
BARB JANDA: Quite a bit. (pause) An extra $16,000 for another basement. (pause) So what did you all help him with? Can I ask? Will you tell me? Brendan? Did you do it willingly? Huh? (Brendan shakes head "no") ( pause) He did tell me one time, Steven, he told me that probably one or two of my kids would not graduate.
WIEGERT: Steven told you that?
BARB JANDA: Yeah. This was before this all even happened. So he must have had it all planned.
WIEGERT: That's very possible, very possible. (pause)
BARB JANDA: You don't know how much hatred I got right now.
WIEGERT: You're right, I don't. I can only imagine. I-I can't even put myself in your shoes Barb, I can't.
BARB JANDA: My oldest son is gonna flip. I can't even tell him. I can't.
WIEGERT: I think you better because
BARB JANDA: I can't. He's on a heart monitor now.
WIEGERT: This is gonna be on the media tonight.
BARB JANDA: Oh god.
WIEGERT: There's no way to stop it.
BARB JANDA: He's not gonna be on, is he?
WIEGERT: Brendan?
BARB JANDA: Yeah.
WIEGERT: No.
BARB JANDA: Well they can't anyhow.
WIEGERT: No, he's not gonna be on.
BARB JANDA: How long do we have to stay here?
WIEGERT: Well, as soon as you guys are done talkin'.
BARB JANDA: No and he's not talking too much so.
WIEGERT: You know, I can leave you alone but this is all recorded and videotaped,
BARB JANDA: I don't care.
WIEGER: OK, All right, do you want to be left alone with him for five minutes or it doesn't matter at this point?
BARB JANDA: It doesn't matter.
WIEGERT: OK.
BARB JANDA: I just don't know if I'm really able to handle it.
WIERGERT: You have to. Barb you have to. You've got other children you've gotta worry about.
BARB JANDA: I know.
WIEGERT And you got Brendan to worry about too. Brendan's gonna need you through this. (pause) OK, let's go. Barb, is this yours?
BARB JANDA: Yeah.
WIEGERT: Let's go in the other room. Brendan, I'll be back, OK? (door opens and closes) (pause) (door opens and close)
FASSBENDER: Did you want another water Brendan? (Brendan shakes head "no") (long pause) (door opens)
WIEGERT: She wants to give him a hug.
BARB JANDA: Stand up. (background voices) (door opens and closes) (pause) (door opens and closes)
JACOBS: Brendan, my name is Dennis Jacobs and I-l'm a detective with Manitowoc County. Do you have any weapons or anything on you?
BRENDAN:
JACOBS: Anything like that?
BRENDAN: Just some stuff that I can give to my mom, like a CD player and that.
JACOBS: That wouldn't be a weapon though. You have like a little pocket knife, anything like that?
BRENDAN: (Shakes head "no") No.
JACOBS: Can you stand up, I just want to pat you down real quick, just to make sure. Well that's nothing that gonna hurt me an, OK that's fine. OK. There's nothin', nothin' else in your pockets at all? OK. You have a shirt, you have a pocket up here.
BRENDAN: No.
JACOBS: OK, you can have a seat.
BRENDAN: .....do somethin'?
JACOBS: Yeah, yo-you can put it back in your pockets too if you want, it's up to you. Whatever you wanna do. Actually if you wanna listen to your headphones, you can go ahead and do that too.
(door closes) (music playing in background during pause) (door opens)
WIEGERT Brendan, this what's gonna happen, OK. We're gonna take ya downstairs (door closes) and they're gonna fingerprint ya and stuff here. (Brendan nods "yes") OK, and then you'll be taken over to down to Sheboygan County jail. (Brendan nods "yes") So, is that your's?
BRENDAN: (Nods "yes") mm huh
WIEGERT: Where did ya have it, in your pocket? Holy Christmas. All right. Why don't we go. OK. Bring that along.
FASSBENDER: ........side or
WIEGERT: OK........
FASSBENDER: Are we going outside?
WIEGERT: No. (door closes)
This is the end of the interview with Brendan Dassey at Manitowoc County Sheriff's Department.






Scott and Barb bought a new home for $195,000 on 5.1 acres, across the East Twin River from the turnaround on Highway 147 (area highlighted in red in the image above); they signed the deed on February 27, 2007 (images below), the day Scott testified for the prosecution at Avery's trial.







Kathleen Zellner filed a "Motion for Reconsideration" with 20 new exhibits on October 23, 2017, and in it she revealed that Bryan Dassey, Barb Tadych's oldest son, told DCI agents on November 6, 2005 that Bobby Dassey saw Teresa leave the Avery property on October 31, 2005 (image below).



The following image is from Byran's affidavit attached as Exhibit G to Zellner's October 23, 2017 motion.


How to send money to Brendan to purchase items in the prison commissary:
Kathleen Zellner – Where The Rubber Meets The Road
BY GRACE WINTERWOOD 
NOVEMBER 2, 2017

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