There's a certain group of people (the Good Ole Boys Club) that think they run the town: the "undesirables" get setup and charged with felonies and get disarmed.
Denis Vogel appears to be working for the OLR - Office of Lawyer Regulation
By Classic_Griswald, TickTockManitowoc
May 28, 2016
WSCCA Search - If you search here, it will bring up any appeals case the lawyer you are searching is involved in.
https://wscca.wicourts.gov/index.xsl
Here he is listed as a complainant for the OLR:
http://i.imgur.com/RMUxqwU.jpg
A search in the database kicks back about 8 results where it's the same thing.
Each of the cases are against whatever lawyer in question that is undergoing a OLR review, or case against them.
Vogel is listed as a complainant aka: plaintiff. I don't know how to interpret it other than him working on behalf of the OLR.
Supreme Court offices Office of Lawyer Regulation
The Office of Lawyer Regulation (OLR) is an agency of the Wisconsin Supreme Court. OLR receives grievances relating to lawyer misconduct, conducts investigations, and prosecutes violations of lawyer ethics rules.
[–]devisan
He should have been in trouble with the OLR himself for bringing a case against SA when there were such good reasons to suspect GA instead.
[–]carbon8dbev
But wait, there's more!
*Since 1992 and currently Municipal Judge for the Village of Maple Bluff
*Served as a Director of the General Practice Section of the State Bar of Wisconsin
*Selected to serve as instructor for Judicial Education Programs for Municipal Judges
[–]MMonroe54
This is the organization KK was doing battle with...and held a position on, if I recall correctly. His emails and letters to the then head of the OLR indicate his outrage that he might be asked to resign his position and his disagreement with their decisions. Revealing and interesting reading.
[–]Classic_Griswald[S]
Yep. Kratz managed to cover up his crimes for about a year, until the media and others got wind of it, then it became political for Van Hollen. Van Hollen's office was directly implicated in covering up for a DA of his own, that supports him politically.
That's why Kratz said to reporter Foley that he was being used, and implied there was a political conspiracy against him.
Poor Kratz, the true conspiracy theorist. All the while involved in an actual conspiracy of corruption and cover up. Its actually pretty disgusting if you read his interactions with the DOJ investigators who were investigating him.
He still tried to keep the cover up rolling, threatening and berating the investigators. Even after it was already blown up.
The guy is relentless.
Can you imagine the same thing coming from Avery? The equivalent would've been Avery sending Kratz emails...
"Kratz, I hope you know who my boss is! because they wouldn't want to hear how you are talking to me!, you can't go and tell the media anything about me, and don't even think about disseminating the RAV4 was found on my property, since you have no authority to do so!
Sound absurd? Yeah, because it is. Avery talking like this is the equivalent of how Kratz got out of his legal problems. In the end he had a supreme court decision, with the benefit of a "referee" and the OLR.
Decision not to prosecute him criminal was based on a witness who was unreliable, because she had a criminal record (which Kratz himself had prosecuted), and a past drug habit (which Kratz himself had at the time).
Hilarious actually. By the same standard Avery never would've been charged.
[–]Pantherpad
Yes, it was a disgusting sweep it under the rug kind of debate. I remember reading the KK email exchange and it was obvious that although they probably felt he deserved a harsher penalty, KK still was so arrogant in his emails defending himself.
[–]MMonroe54
He still tried to keep the cover up rolling, threatening and berating the investigators. Even after it was already blown up.
He was literally astonished that he was being held to standards that he had held others to. That his license was merely suspended and he lost his DA position shows just how unwilling they were to dispense true justice.
[–]carbon8dbev
Clearly, the OLR is doing a fantastic job in WI.
http://www.jsonline.com/watchdog/114879194.html
These fine upstanding family men have nothing to hide!
http://www.jsonline.com/watchdog/watchdogreports/115396204.html
"The system is run by lawyers and is for lawyers," said Michael Frisch, a national expert in legal discipline who teaches law at Georgetown University. "It's called self-regulation, and it's a pretty good system for lawyers."
...and the stories above are mostly just about regular lawyers, not the exalted DOJ echelon. Kratz's punishment was probably actually fairly severe in comparison to the BS we never hear about.
[–]TIGMIGWELD
I have lived in WI my whole life and I am just learning of this bullshit leniency towards corrupt lawyers. That 1st asshole in the article that tried luring a 14-year-old girl from his office computer should be rotting in prison. I hope my kids will witness a better WI than what I have. Im calling every # at the end of the article to put my 2 cents in.
[–]e-gregious
Luring a 14-year-old from his office computer?
Isn't that a federal crime?
[–]e-gregious
Joseph Engl. Reprimanded after he was convicted in 2004 of using the computer in his downtown law office to set up an attempted sexual encounter with a 14-year-old girl who was actually a Milwaukee County sheriff's deputy. Engl, now 34, was sentenced to four years' probation for the felony. His law license was never suspended.
This is quoted from the first article. Four years' probation for the felony. Law license was never suspended.
Another quote from the article:
Statistics provided by the state Supreme Court's Office of Lawyer Regulation show that in about 40% of the cases reviewed by the agency, lawyers who received only minor sanctions for violating discipline rules went on to reoffend.
Bolding mine.
Incredible. Minor sanctions lead to 40% reoffending. Mind-boggling.
I thought it was federal because it was using a computer to commit a sex crime (pedophile).
[–]Classic_Griswald[S]
You realize how bizarre it is to read that, while people go off on Avery for his unproven indiscretions? There is a huge cognitive dissonance here.
The Avery's are being called a 'one branch tree' and people claiming they need to be eradicated, police and lawyers hellbent on completely dismantling the family, while the same time the upper crust of the area is running around committing the same crimes, while bringing charges against others, highlighting their misdeeds instead of their own.
If people can't see the level of 'wrong' there, Im not sure what would uncover it for them.
[–]e-gregious
"while bringing charges against others, highlighting their misdeeds instead of their own."
Yes, the lawyers do not seem to have to go through any criminal proceedings for criminal acts. They are "sanctioned" by their own, not criminally prosecuted.
Can you imagine if any one of those "one branch tree of evil" had attempted to lure an underage girl to their workplace?
I can. First, the lurid press conference. Let that simmer and boil for a while. Waiting for presumption of innocence to go up in vapors. Then, get a jury of tainted jurors together to find them guilty and sentence them to the fullest extent of the law.
Cognitive dissonance, oh, yes. Criminally unfair to anyone that is not a member of law enforcement.
[–]Classic_Griswald[S]
Exactly this. And we are now learning
the Avery family may have been seen as a Law Enforcement family themselves back in the day, just not as well engrained like the Remiker, Pagel, Kocourek-line. (Which includes a number of additional names but they are all related/loosely related)
Pagel himself is referred to as, Jerry Pagel of the Pagel Sheriff's Line, by people in town. I believe his family were firefighters as well at some point.
What I'm trying to hint at though,
is it appears there may have been factions, but the Avery's simply were not as political. They were out of their league.
While political factions seemingly conspired against them, they didn't have enough of a presence in the LE forces, when opposing political forces (factions) took over, they purged the Avery's and rebranded them everywhere as criminals.
Once Kocourek was in power he seemed to have prevented Arland from getting anywhere in MTSO, and the other Avery officers had retired by then I think.
I guess it ties in with the old modern day idioms that police and criminals are the same, in that they are driven by the same mentality, and if you take any of them, revert them to the blank state of childhood, its merely environmental factors which determine what side they end up on.
An especially frightful thought when you look at the lack of accountability and lack of discipline, and lack of a dozen other factors that could possibly keep these people in check, or right wrongs, in Manitowoc.
[–]e-gregious
"What I'm trying to hint at, though, is it appears there may have been factions, but the Avery's simply were not as political. They were out of their league."
You know, this is something that has been simmering around in my brain for a while.
Dammit, I am just gonna say it. Were the Avery's not members of the Catholic Church?
After reading about Notre Dame, another Jesuit School, Detroit Mercy (?) too.
I never would have thought this kind of conspiracy would occur to me. I thought it would be too far fetched. I was raised a Roman Catholic (I grew out of it).
But, I saw a documentary about a priest who abused the deaf boys at the school they attended for decades. Decades.
The church surrounded and protected him from harm.
It was heartbreaking to see those men angrily sign their disgust and dismay at the lack of help from the very church who sent their abuser.
The title was something like "Mea Culpa Maxima".
Sigh.....you probably already know where this school for deaf boys is located. Wisconsin
[–]knowjustice
It is the same in every state. And if you think the attorney grievance commissions are corrupt, take a look at the stats for disciplinary actions against judges.
The ABA is the most elite, mono cultural club in this nation. My affectionate term for the " Club," the "Just Us System."
[–]Trunkyuk
That first article!!! You couldn't make that up. No one would believe it. Hypocrisy thy name is Winsconsin Law. Bracing myself for the second link now.
[–]Trunkyuk
Heartbreaking. The worst of it is that this will continue to happen because there is clearly no will to change. Disgusted.
[–]JJacks61
Holy hell. The hypocrisy so thick you can cut it with a knife.
[–]Classic_Griswald[S]
The irony in that is unbelievable.
[–]JJacks61
Gris, I think you wrote another post a while back. IIRC you had said after some information came out after the PB case, Vogel resigned as DA and hauled ass. Doing a quick search I haven't found your post, still looking.
[–]Classic_Griswald[S]
Yes, it was Douglas Jones, the DA. He found exculpatory evidence in the Steven Avery file. I think? Or maybe he found it later. I can't quite remember. But anyway, someone found it in the Avery file, Vogel bounced. Just up and quit.
[–]solunaView
What was the exculpatory evidence?
[–]Classic_Griswald[S]
The chief of police sent over a file on Allen.
[–]JLWhitaker
By the case you cite in the edit, it appears it's a contracted role rather than an 'employment' relationship.
[–]Classic_Griswald[S]
Yes, but the nature of OLR is sporadic, since its a disciplinary committee. Any use of Vogel is too much. He should've been up in front of them, not arguing law for them.
I think what I was trying to hint at, is from my understanding at least, the OLR isn't a big office or organization where people are all working 9-5. Im sure a few people are voted in or whatever (I'm not sure exactly how its structured TBH) but its certainly not a constant, pervasive organization. So I mean to say that a lot of people that work within it probably have similar temp status. But its crazy to think of Vogel working for it.
Looking back now its no wonder Kratz first reports were buried for a year by the OLR. It wasn't until a year later and Van Hollen got attacked publicly, but then it begs the question, what else was going on behind the scenes for Kratz case? And what about every other case? How many are actual disciplinary measures and how many cases are simply personal retribution for someone in a controlling position for instance?
[–]lrbinfrisco and RiversidePrincess
Here is an excerpt from another thread that is important to consider in regards to the magnitude of motivation of a particular person to frame Steven Avery. The entire OP is interesting reading!
https://m.reddit.com/r/TickTockManitowoc/comments/51s6ex/making_a_murderer_and_tick_tock_manitowoc_for/
Kocourek was definitely worried. He apparently assumed the insurance coverage the county had would not cover the punitive damages. Kocourek's lawyers demanded his homeowners insurance cover any potential damages from the lawsuit.
Below we see that State Farm was not going to cover the bill for his intentional misconduct:
Intervenor Complaint - State Farm
The defendant, Thomas Kocourek, has tendered this case to State Farm, seeking a defense against the lawsuit and payment of any damages which the plaintiff may recover.
Steven Avery filed this complaint against Thomas K. Kocourek in his official capacity as the Sheriff of Manitiwoc County, seeking damages for actions taken by Mr. Kocourek during a 1985 criminal investigation. The complaint alleged that, at all times, Thomas K. Kocourek was acting within the scope of his employment as the Sheriff of Manitowoc County; and, that he acted intentionally.
If the allegations of the complaint were proven, State Farm would not be obligated to defend or indemnify Thomas K. Kocourek because the homeowner's policy does not apply to damages that arise out of the insured's business or profession; neither does it apply to his intentional acts.
This was a desperate move by Kocourek. The plan of a panicked man who suspected the lawsuit would ruin him.
Insurance companies will usually argue that they should only have to cover the 'actual damages' (compensatory damages) and not the punitive portion of the ruling, especially if the plaintiff alleges the misconduct was intentional. Again, punitive damages are intended as a punishment/deterrent, so it is common for the defendant to bear the burden of the punitive damages themselves; otherwise, it would not be much of a deterrent.
Further, any insurance that Manitowoc County would have been able to claim for the compensatory damages would had to have been active in 1985. I think anyone who cares to look into it will see that, in 1985, not many insurance policies included coverage that would apply to damages incurred from a wrongful conviction that was malicious in nature.
https://www.reddit.com/r/SuperMaM/comments/5h5tco/clearing_up_who_was_being_sued_for_what/
Although I'm not an expert, from what I'm interpreting here, indemnity may have come down to one thing: negligence vs intentional/malicious.
And I can't help but wonder if they were worried the smoking gun proving malice or possibly criminal behavior (which he would've been screwed in case of any criminal conviction arising from the conduct) was going to come out during their depositions.
Hence, the motion put forth by Tom Kocourek's attorney to protect him from answering questions on the basis of attorney/client privilege and qualified immunity, which, as we know, the judge denied on October 26th.....less than a week before Teresa Halbach's disappearance - which incredibly conveniently happened just over a week before his scheduled deposition.
It sounds to me like they knew he had something he needed to hide in order to retain indemnity and coverage. Or maybe it's just standard practice, but if so, why didn't anyone else make the same request?
We just don't know enough to speculate what was going to come out in the depos of Tom Kocoureck and Denis Vogel, because by an extraordinary stroke of luck, they didn't have to participate.
https://www.reddit.com/r/SuperMaM/comments/5h5tco/clearing_up_who_was_being_sued_for_what/
Maybe it's confirmation bias on my part, but it's been really obvious for a long time to me that someone in LE/former LE (Tom Kocourek or Ken Petersen) organized a hit to end their troubles with Steven Avery forever.
TK's personal policy with State Farm and their motion to refuse coverage:
https://static1.squarespace.com/static/5691be1b25981daa98f417c8/t/569850c64bf118ad2a6276d8/1452822727114/state+farm+letter+2.pdf
There's no way on God's green Earth that - if it wasn't SA (which I'm on the extreme side of confidence it was NOT) - they'd knowingly wrongfully convict him again after their butts were so hugely on the line last time. There's no way they'd risk framing him if they thought the real story could ever possibly come out in their lifetimes.
And this is one of the many reasons it HAD to be someone in LE behind TH's untimely demise. SA initially said it was TK setting him up. Not saying that TK didn't have help, but I do think SA's probably right.
Someone in LE hired a professional to handle the situation with SA.
They didn't actually have her body or control of what happened. They would surely prefer to stay as far removed as possible - with just enough plantable evidence left to hide any proof of what actually happened, leaving them play in coming up with an alternative scenario that could fit, so they could put SA away for life.
It would only take 2 or 3 people in the know that never in a million years would squeal.
It's the only completely logical conclusion I can come to.
https://www.reddit.com/r/TickTockManitowoc/comments/5l0eox/what_did_le_know_and_when_did_they_know_it/
Target of opportunity, I reckon. MTSO couldn't stop the depositions,
so things got red-hot and Ken Petersen brought in a pro, who was staking out Steven Avery.
(Remember the reports of the weird black van that was randomly parked nearby for a few days at the time? That would be there for hours at a time, then leave?)
Police report about a black van: Ms. STAHL indicated there had been a vehicle parked where her paper carrier delivers the newspaper for several days. She stated, however, that the vehicle was gone at night. She stated the vehicle was there for three consecutive days. She described the vehicle as being a black, four door van. She stated she saw this vehicle in the daytime, but it was always gone in the evening. Ms. STAHL did have the opportunity to view a photograph of a RAV4 similar to that which was owned and operated by TERESA HALBACH. Ms. STAHL indicated that it was possibly the vehicle, however, the photograph which was displayed to her had stripes on the side of the unit and Ms. HALBACH's did not.
Page 128 CASO
http://www..org/wp-content/uploads/2016/04/CASO-Investigative-Report.pdf
And it worked, civil suit kaput.
IMO the MTSO and prosecutor's office was fixated in keeping SA in prison until he was released. Then they went into damage control mode until they realized that there was a significant chance that they couldn't contain the damage. I only believe that it was at this point that they seriously considered a second frame up. It was a desperate and risky move made by a group that had so much to lose, that they deemed it worth the risk IMO. Probably started with someone letting something slip in the deposition that SA's lawyers didn't fully pick up, but was feared that would be the card to bring the whole house down one they realised what it was. I wouldn't be surprised if Zellner has figured it out.
"A whole body tells way too much of a forensic story. It could implicate the killer and prove Avery didn't do it. To much evidence. The lack of an identifiable body was the point. The murder was planned almost flawless. The planting was crap because they weren't done by the same parties, and the planting could not be planned. The murder could."
And this is a big part of why it looks so much (to me) like a professional murderer killed her.
I think the pro did a thorough job, and planted some of the evidence, but the LE (James Lenk and Andy Colborn) planting is when things started getting bungled.
https://www.reddit.com/r/TickTockManitowoc/comments/5bi42f/after_a_month_on_reddit_my_theory/?_branch_match_id=522346269243188431
IMO, Ken Petersen is too smart to risk killing an innocent person himself and too dumb to pull it all off without getting caught.
Someone well-versed in murder did this, and handed over just enough evidence for LE (KP) to orchestrate the framing.
Pre-trial Motion Hearing, Strang Questions Petersen
STRANG: That decision to transfer control was made by you?
PETERSEN: Indirectly, yes.
DS: Okay. Your department had been involved in early steps in the investigation of Ms Halbach’s disappearance?
KP: Correct.
DS: Maybe you would explain, then, for me, what you mean when you say, indirectly, the decision that Saturday morning was made by you?
KP: I had been out of town the previous week. I was out in Seattle, Washington. And I arrived home probably 10:30, quarter to 11, Saturday morning, and that decision to transfer had already been made, I assume, by the inspector. I never inquired. I agreed with the way it was going, so I didn't interfere.
He would've hired a professional then left town as his alibi. That'd be the most efficient, fool-proof way of handling the situation - with Ken Petersen organizing it - with the blessing of Tom Kocourek and on the unknowing behalf of the MTSO, et al.
"Contract killing provides the hiring party with the advantage of not having to commit the actual killing, making it more difficult for law enforcement to connect said party with the murder. The likelihood the authorities will establish that party's guilt for the committed crime, especially due to lack of forensic evidence linked to the contracting party, makes the case more difficult to attribute to the hiring party."
"A study by the Australian Institute of Criminology of 162 attempted or actual contract murders in Australia between 1989 and 2002 indicated that the most common reason for murder-for-hire was insurance policies payouts. The study also found that the average payment for a "hit" was $15,000, with variation from $5,000 up to $30,000, and that the most commonly used weapons were firearms."
https://www.reddit.com/r/TickTockManitowoc/comments/5t6w7d/we_cant_rule_out_le_as_the_killers_just_because/
Facts:
- Similar MO by LE
- Similar accusations (brutal rape)
- Same department investigating
- Some of the same players involved
- Same ridiculously tight timeline
- Lack of motive by SA....some could surmise an anti-motive as he'd just regained his life and was about to come into large sums of money, plus he wanted to bring his persecutors to justice
- Same court
- Plenty of possible witnesses
- Key was planted (photographic evidence proving James Lenk and Andy Colborn perjured themselves on stand about how they supposedly found it)
- Kratz practically giddy in court - knowing the EDTA testing performed by the FBI guy would come back in the State's favour
- Same guy being persecuted
Except THIS time there were people and businesses with a whole lot more at stake because of SA; whereas the first time, it seems to have boiled down to small-town prejudices and overzealous LE.
With what we know about the Gregory Allen thing, I don't trust them for a fkn second. It baffles me how others would.
Fool me once...
[–]
Temptedious and others
You can't frame somebody for a crime unless you know the crime was committed. And how do they know the crime was committed on the 3rd, or 4th, or 5th unless they did it, or unless they assisted in covering it up?
We're going to be looking at work schedules for Lieutenant Lenk, Sergeant Colborn, and I'm not sure if Detective Remiker has now been thrown in the mix or not. Obstruction of justice, that's felony behavior. Misconduct in office for a police officer, tampering with evidence, the list goes on and on.
Buting’s request for their alibis was not just so he could rule out law enforcement as suspects; it was also to establish when the officers had an opportunity to plant evidence prior to the property being taken over by law enforcement on Nov 5. Asking for their whereabouts from Oct 31 - Nov 4, 2005 was not only about an alleged intent to murder; it was also about an alleged intent to frame, which (despite what Fallon says) does not require the cops to have killed Teresa.
Kocourek suppressed exculpatory evidence multiple times in 1985, 1995 & 2003. Kocourek and Vogel knowingly let a rapist walk the streets, enabling him to violently assault women whenever he desired. Then in 1995 Colborn presented Kocourek with a chance to correct the injustice inflicted upon Avery in 1985.
In his 8-year-late report Colborn misrepresented what happened that day in 1995. Colborn left out the fact that Avery and Allen had been identified by name, as well as the fact that he informed Kocourek of the call after it came in and was told to forget about it.
Shortly after Avery was exonerated, Jones, Rohrer and Kusche all became aware of the 1995 call, even though they had nothing to do with it. In an attempt to protect themselves,
Jones sent a memo to Rohrer (in 2003) in which he summarized the events surrounding the 1995 call, as well as Lenk, Colborn and Kocourek's involvement.
Avery filed his lawsuit in 2004 without knowledge of the 1995 call. It was roughly a year after the lawsuit was filed (and the 2005 depositions began) that Avery and his attorneys became aware of the 1995 call, which dramatically bolstered the claims already detailed in the lawsuit - intentional misconduct.
The 1995 call / 2003 memo being exposed was good news for Avery and horrible news for Colborn, Lenk, Kocourek and the Attorney General.
By this point (October 2005), Avery's attorneys were aware of the 1995 call because they somehow acquired the 2003 memo.
Kusche admitted to Avery’s counsel that he learned the information contained in the memo from Andrew Colborn himself, meaning (according to Kusche) at some point between 1995-2003 Andrew Colborn told Kusche that Kocourek ordered him to suppress exculpatory information.
http://imgur.com/a/wcvGC
Avery's counsel's use of the 2003 memo forced Kusche to confirm Kocourek's culpability in knowingly allowing an innocent Avery to sit in jail for years on end, wrongfully convicted of the violent sexual crime committed by Gregory Allen.
Kusche's deposition was on October 26, 2005. Next up to be deposed was Kocourek on November 10, 2005. Vogel was set to be deposed on November 15, 2005.
However, as we know, they got ... very lucky. Teresa disappeared on October 31, 2005. Avery was arrested on November 9, 2005. Teresa was pronounced as dead on November 10, 2005. Avery was then charged with Teresa’s murder on November 15, 2005.
As a result of Teresa's disappearance, Kocourek and Vogel (those corrupt mother fuckers) never had to sit for their depositions.
The unraveling really began to accelerate on October 26, 2005, when Kusche was forced to implicate his former co-workers in taking part in the suppression of exculpatory evidence. A multi-layered government cover-up was going to be exposed, and there was the potential that the corruption exposed by Avery would lead all the way to the Attorney General’s Office.
Kusche, Kocourek's right hand man, admitted in his own deposition that Lenk and Colborn intentionally withheld exculpatory information that may have lead to Avery's release 8 years earlier than his eventual exoneration in 2003.
Officers Colborn and Lenk had reason to believe they were both going to be added as named defendants in Avery's lawsuit, and thus they had a motive to create an opportunity (or take advantage of an opportunity) to frame Avery for murder.
Kocourek and Vogel also had a motive to create an opportunity to provide officers from their former department with enough cause to arrest Avery in the hopes of stopping their upcoming depositions, as well as any possibility of additional lawsuits.
AG Peg Lautenschlager also had a motive that might have lead her to taking advantage of Teresa's murder by ordering her agents to assist in convicting Avery by any means necessary, even if they had to protect the guilty party from prosecution.
By the looks of it, Colborn helped plant the RAV. If he really did find the RAV off the Avery property like Zellner alleges, then we can safely assume that history has repeated itself. In 1985 Kocourek and Vogel knew that Avery was innocent and that someone else was guilty. Come 2005 it was Colborn (and likely many others) who had reason to know Avery was innocent and someone else was guilty.
Peterson, for all he said was detached and uninvolved, was informed of and perhaps behind every decision made in this case.
Kocourek was Sheriff in 1985 when Avery was wrongfully convicted.
Petersen was Sheriff in 2005 when Teresa disappeared.
Petersen can in no way be implicated like Kocourek was in 1985 because Petersen was out of town during the week of the murder; and, when he got back on November 5, CASO was in control, so he can't be held responsible for any questionable decision making.
Seems like Petersen learned from Kocourek's mistakes. It's Petersen's history with Kokourek and the department that makes me suspect he was more involved than he admits.
It was DNA that freed Steve Avery from prison the first time, and they made sure DNA put him back in.
Get rid of the wrongs and hold to account those responsible for the corruption.
The Court: Manitowoc County Sheriff's Department was being sued by Mr. Avery for a claim that is, near as I understand it, was covered by insurance. I don't know what the limits on the policy might have been.
First, in
Making a Murderer, Avery's counsel asserts the insurers declared their policies would not cover any damages, compensatory or punitive. Kocourek and Vogel were being sued in their official capacity (compensatory damages) and their individual capacity (punitive damages). The punitive damages were the real issue. I could maybe see someone arguing their insurers would cover the compensatory damages, but the punitive damages relate to the fact that Kocourek and Vogel intentionally targeted Avery and ignored Allen. Punitive damages are only requested when the misconduct is intentional and egregious. Insurers can always find a way out of covering someone's intentional misconduct. They were still at risk, in my mind, when it came to the punitive damages.
The memo was written by Jones and sent to Rohrer. I like your theory that Jones is the one who gave it to Avery's counsel. The memo could be connected to Jones, Rohrer, Kusche, Lenk, Colborn and Kocourek. Jones was the only one not deposed.
The five that had the most to lose: TK, KP, GK, JL, AC. Yup. And don't forget DV!
Kratz failing to identify a motive for Avery to have killed Teresa would not have precluded him from prosecuting Avery. Strang was only arguing that it was unjust to apply Denny to this case, as the Denny ruling made it so Avery was forced to shoulder a burden the State was not - Avery was required to demonstrate motive before he could name an alternative suspect, but the State would not be compelled by law to demonstrate what Avery's motive was. It wasn't a procedural error, but it was unfair, like so many other aspects of the pre-trial / jury trial.
I am convinced more was going to be uncovered in the civil suit. Each new deposition was resulting in more and more favourable intel for Steven. You could see the panic on the faces of those who were the most recent to be disposed. I believe new information would have come out. Once that information was checked and cross referenced with what others had said recently and previously, I believe more lies would have been uncovered. I also think the DOJ investigation, which found "no misconduct," would have been exposed as a whitewash. The civil suit, whilst having a potential financial penalty for some, was in my opinion far more about a loss of reputation, jobs, standing in the community, fracturing egos, and many other human emotions that come in to play for others. That's why I believe different people were involved for potentially different reasons, some more selfish, whilst others for the good of the greater group/department.
[–]
3302ZanderRd and 7-pairs-of-panties
I feel like Kusche's untimely death right before Avery’s trial and right after finding out the blood vial was going to be allowed in trial is very suspect! Did he have a heart attack because he was so scared at what would be found? Did DV and TK have an ax to grind with him for what he revealed in the depos, and they couldn’t let him get near the court room again??
I have always said they wouldn’t have planted a girl's car that they knew was alive. They would have HAD to have known she was dead, and I think they did. Sadly, for them to have known she was dead you know what that means....it would mean that they knew Teresa was dead and how she died. It also would mean that THEY, not the killer, was the one to burn her body. This was done to cover and destroy any evidence that it was anyone other than Avery.
Allen was set to take the fall, and Avery will be paraded as a hero with a bill in his name. PegL gifted LE with no wrongdoings. We’ll give Avery enough he won’t sue us because he was already going to prison for the 1984 Sandy Morris case. And we will all live happily ever after! But Avery is 18 years stubborner, justly unhappy and wanted those who have wronged him to face justice. Did the plan backfire when Avery sued the hell out of ‘em? Hell yeah, but Allen was already planted. They just may have wagged the dog too hard. Now they just had to wag the dog the other way… and convict Avery of murder so nobody would ever talk about the civil suit ever again. And for that, they planted Brendan.
According to Michael Griesbach's book "Indefensible," when analyst Sherry Culhane called MG and Mark Rohrer about her DNA result, Avery's files were allegedly sitting in a corner of MR's office, ready to be consulted as they talked on the phone. Inside, they also find Allen’s misplaced police report and criminal complaint.
Why would DV keep the misplaced report?
Why is MG so convinced of Avery’s exoneration in 2003 and Avery’s conviction in 2005?
Why would you keep Allen’s file?
On September 12th 2003, a day after Avery’s release from prison, Sergeant's AC wrote a report about an alleged 1995 phone call with an unidentified Brown County Detective. The report was stored in a safe.
Why would you keep AC’s report?
A week after Avery’s release from prison, on September 18th 2003, DKJ (now Calumet County ADA) wrote to MR (then Manitowoc DA) about a conversation he had with GK about the alleged 1995 phone call. The very same day MR asked the DOJ to investigate.
Why would keep DKJ’s memo?
What are the circumstances surrounding Avery’s legal team finding said memo during the civil suit? Who, When, How, Why?
On 11/3/05, the day TH was reported missing, Gregory Allen was being transferred from Waupun Correctional Institution to Stanley Correctional Institution, the prison from which Steven Avery was released on 9/11/03. Blood tests are done when a prisoner is processed to a new facility, usually to track diseases.
If Allen’s DNA exonerated Avery in 2003, could Allen’s DNA convict Avery in 2005?
Why would they keep these reports that incriminate LE??
I also asked why would Allen confess to a rape that someone else was convicted for? Why would you open that can of worms? You are obviously going to get more jail time? Why confess to a crime that wasn’t even on LE's radar at the time (because they already convicted Avery for it - case closed in their minds) ? Makes no sense.
But if you entertain the idea that Allen also was framed, it flows smoothly. It makes sense.
It also means GK was actually trying to tell the truth!! Could this be the reason for his untimely death? Makes you wonder! Was he going to tell investigators and the DOJ the whole bloody scheme?
, PAGE 390, EXCERPT
TYPE OF ACTIVITY: Telephone Conversation with Gordon A. Schneider
DATE OF ACTIVITY: 12/27/05
REPORTING OFFICER: Inv. John Dedering
DOCUMENTS GENERATED: None
In the course of reviewing the incident, I (DEDERING) did realize that I had done a telephonic conversation with the following individual on 12/27/05 and had not dictated it:
GORDON A. SCHNEIDER
SCHNEIDER went on to state that a subject named EUGENE SCHMITZ (ph) told SCHNEIDER about this. According to SCHNEIDER, EUGENE gets his information from ALLAN AVERY.
SCHNEIDER indicated that ALLAN has a brother [Arland Avery] who was a MANITOWOC COUNTY SHERIFF'S DEPARTMENT detective. SCHNEIDER stated this brother was demoted during former Sheriff THOMAS KOCOUREK's administration and subsequently ALLAN AVERY's brother was given a job as a Huber officer. SCHNEIDER stated ALLAN AVERY's brother worked this job at least until 1992.
Kocourek Spent His First 10 Years in LE at Manitowoc PD, Working for Delores Avery’s Cousin, Longtime Police Chief Elmer Scherer
By MsMinxster
May 26, 2016
Delores Avery’s 1st cousin, Elmer Scherer (
additional source), was a 45-year veteran of the
city of Manitowoc Police Department and
Chief of Police from
1962 until he retired in 1978.
Here's a brief run down of
Tom Kocourek's years at Manitowoc PD (not to be confused with Manitowoc County Sheriff's Office, MTSO). [For
more info (and a little fun), click on links for newspaper clippings.]
Arland Avery’s wife was following Mrs. Wanish’s example and becoming a mainstay in
Manitowoc social circles (too many like this to list).
Interesting side note—Joseph Sukowaty was also an American Party candidate that year:
“A third
candidate for the sheriff's office is Joseph Sukowaty, 39, former police
chief of the Village of St. Nazianz who is running under the American
Party banner. Sukowaty received enough write-in votes at the September
primary to qualify for a spot on the Nov. 5 election ballot..” Many of you might remember that Joseph Sukowaty’s niece was murdered a few years later.
- 1975 Kocourek continued plugging along at Manitowoc PD and was still happy to sell your home.
- 1976 Sheriff Wanish runs for a fourth term and is reelected (side note, Vogel is elected to his first term as DA).
- 1976 Still working for Chief Scherer, Kocourek would still sell your home but without the big grin.
- 1977 Kocourek was appointed juvenile officer but continued to build his real estate business.
- 1978 Manitowoc Police Chief Elmer Scherer retires.
- 1978 Wanish loses Sheriff’s primary to Kocourek in a bitter five man race and goes on to win the election.
- 1979 Kocourek begins two decades long reign
of error as Sheriff of Manitowoc County.
- 1984 (Aug) Steven Avery’s uncle, Police Chief Scherer, passes away.
- 1984 (Sep) Steven Avery is accused of indecent exposure by his cousin, Sandra Morris.
- 1984 (Oct) MTSO Deputy Morris (Sandra’s
husband) added as a defendant to a civil suit against his fellow deputy,
Larry Conrad, after Conrad’s deposition in the matter earlier that
month. [The plaintiff accuses the officers excessive and unreasonable
force in transporting him to the Manitowoc County Jail, by pushing and
shoving him down a flight of stairs in the county courthouse while he
was handcuffed, thus injuring him and requiring his hospitalization, all
in violation of his due process rights under the United States
Constitution (http://www.leagle.com/decision/19852144601FSupp1543_11890/LAMMERS%20v.%20CONRAD).
- 1985 Steven is convicted of attempted murder.
Kocourek’s dislike of the Averys might have stemmed from:
- His possible resentment/dislike of his former boss (and Avery's uncle), Chief
Scherer. They both testified in murder trial in several years prior and
Kocourek gave somewhat conflicting testimony to that of his boss. The
murder trial lasted only two days, and partly due to Kocourek’s testimony,
the jury returned a guilty verdict in two hours. The teenage boy was
sentenced to life in prison, and a few years later, committed suicide.
- Arland Avery’s staunch support of former sheriff, George Wanish.
Comments from Reddit:
Delores Avery's cousin was Chief of the Manitowoc Police Department and Kocourek's boss before he became Sheriff of Manitowoc County.
Allen Avery's brother, Arland Avery, was a volunteer deputy for the Manitowoc County Sheriff's Office (MTSO).
Arland was totally railroaded once Kocourek became Sheriff of Manitowoc County.
It appears Arland Avery was on a pretty good path to at least come out in a respected position within the sheriff's office until Kocourek took control.
This is what I've been waiting for. The why.
We know why in 2005.
The
real question has always been why in 1985?
Why did Kocourek and the
rest of that vindictive shower of pricks in MTSO want to fit Steven Avery up in
the first place?
The newspaper clippings/timing really
cracked me up: the contrast of Arland diving into an icy river while
Kocourek's asking to sell your home is just too funny.
Why
single out Steven? Earl was too young, Chuck was married and starting a
family, but Steven Avery was a young adult and an easier target.
I'm curious if Delores' cousin, MPD Chief Scherer, helped Allen's brother, Arland Avery, get a position as a volunteer deputy at MTSO.
I couldn't find anything going that far back but it seems, before Kocourek, the Manitowoc Police Department (MPD) and the Manitowoc County Sheriff's Office (MTSO) had a friendly relationship.
1985 Report about the Marinette County case:
http://www.stevenaverycase.org/wp-content/uploads/2016/03/MTSO-Report-on-Avery-as-Suspect-in-Abduction-1985.pdf
First off, it was Judy Dvorak who took the report, and it was taken on 7/30/85, the day after SA was arrested for the PB attack of 7/29/85.
Second, the Mrs. Amanda Marcelle (nee Mott) listed as the "witness of SA in Marinette fishing on Memorial Day weekend" is actually a sister of Mrs. Loretta Avery... Allan's Avery's mother and SA's grandmother. So the woman, Mrs Ramona Marcelle, who provided the information to Dvorak, is a cousin-in-law of Allan Avery?
Without disclosing too much personal info about the Motts, one of Loretta's brothers was Sandra Morris's paternal grandfather (and one of her brothers was Kim Ducat's maternal grandfather). So, basically, Deverbiage was interviewing a "witness" who was the great aunt of both SA and SM (hardcore investigator, that Dverbiage).
It makes total sense that Kocourcek had a chip on his shoulder and that SA paid dearly.
By '85 there was plenty of dislike/distrust of Kocourek by the Manitowoc PD Chief. I have an interesting article from '86 (maybe '87) that I almost added to this timeline but I had hit my Kocourek limit at that point. I'll do a separate thread for it...and you'll hate Kocourek even more. Stay tuned!
So, Kocourek never did work for the county, only Manitowoc PD, before he ran for sheriff? If so, then why did Kocourek have support as an outsider? Did he bring in employees who backed him? Did he bring people over from Manitiwoc PD? Or did he hire Vogel himself?
I think Vogel was recruited by Zigelbauer. They graduated together from Notre Dame.
Was Kocourek's conduct a result
of his dislike for the Avery family or did it had more to do with a
vendetta against the Manitowoc PD or a different individual.
Why the dilemma?
Because Minx post does an exceptional job dissecting and explaining the
possibility that an Avery/Kocourek conflict could have led to the focus
on Steven. It does not, however, explain the Greg Allen insanity.
The Allen aspect of the 1985 case doesn't fit with the theory of Kocourek's dislike for the Avery family. Gregory Allen was getting into trouble in 1982, long before the Morris incident.
What are we missing here?
Gregory Allen, was he some sort of informant who was able to get away with a lot?
Vogel always reduced the charges and GA went back to being GA.
I think, as MSminx suggested, there may have been some tension between
the MPD (police department) and sheriff's department after Kocourek became sheriff, so he couldn't allow someone
from the MPD to solve it (leading them to GA) and then risk them running
against him. And since the Beerntsens were supporters of his also, he
may have lost their support. GA was the city's problem at that time, so Kocourek may have not cared so much?
It makes sense that Kocourek convinced Penny Beerntsen it was Steven Avery, and as long as PB was
convinced as the eyewitness, there was nothing to dispute it, and he
just wanted to be the hero who solved it and not look foolish by being
wrong. It does (at least to me) explain why he blocked any attempts by
the MPD to point to GA, and why he was so overly involved in the case.
So
I think it could have been multiple "issues" that stemmed from Kocourek's
former time at the MPD: grudges, politics, ego, etc. He wanted to control
the case because he could, and it made him look good (not a bad thing
come re-election time). To some people reputation and image is
everything.
There is literally no telling what the history may have been: local
politics, power, egos, influence, etc. Small towns/counties are famous
for this kind of thing.
My theory was they covered GA for so long because they didn't want to
have a serial rapist in the town. That type of thing leads to negative
PR (too late for that now) and bad crime stats. They might have played
down his attacks to keep Manitowoc a 'nice place'.
However, because of
who PB was when she was raped, they couldn't turn a blind eye. Plus, a
feud/vendetta against Avery gave them two birds, one stone target.
That makes the most sense of anything I've heard so far. When PB was
attacked it would have been a shit storm if it was revealed that GA did
it. I myself would have sued them when I found out that they actually
knew this guy was a danger but for whatever reasons they just kept
letting him go about his business and jeopardizing the safety of others.
Their negligence got her seriously hurt and scarred for life. She was
high enough profile that LE would have looked really REALLY bad, if not
criminally negligent. SA does somewhat resemble Allen and there was no
love lost between SA and the sheriff already.
This is why they pushed
Avery being the suspect so hard to PB. They were the first ones to plant
his name in her mind, and it is obvious to anyone that Kusche traced
SA's mugshot.
I am under the impression that Gregory Allen has some kind of personal tie
possibly.
Maybe he served in the same unit as someone else in MTSO, in
the army.
Or maybe he was an informant. In fact, I think the informant angle is
the most likely one. But I don't think it eliminates other angles
either. If anything, it may make them more likely. They certainly aren't mutually exclusive.
For instance, if there is a past
history between Allen and some MTSO brass, whether they served in the
military together, whether it's a family connection... whatever... later on, if he is caught, they would have a dialogue with him open already. And him
offering up information as an informant would be the most logical step
in his position. And the way that area functions, it is on par with how
the status quo is kept.
It was interesting to learn that the Avery family themselves were
basically a cop family, until Kocourek got control of the MTSO. And
there's an article out there somewhere stating how Arland basically got
shunned after the new sheriff's tenure.
Kocourek managed to change the Averys from police family to a family of criminals.
Kocourek won the 1978 sheriff's race by the skin of his teeth -- "bitter 5-man race" -- which is why I think he held on to it so tightly.
PB and her family had $$$ and were supporters of his.
If Bergner solved PB's assault and then announced his run for sheriff the next year, who do you think they would've supported?
[–]jamesc182
I have heard Dave Begotka's videos. I've seen it linked to the
Ricky Hochstetler case (17-year-old cold case killed by hit and run) and the Daniel Teren's case. I live in SD.
I have reached out to people in the Manitowoc community, people who have told me they are to scared to discuss these things around town, and that's why they confide in me... so take it for what it's worth, but these guys who tell me this are not even Avery supporters.
Type of vehicle that stuck and killed Ricky Ricky Hochstetler in 1999: 1985-1988 Chevrolet SUV, pickup or van.
http://www.rickyh.com/News-or-Reviews.html
[–]alanamb37
I RECEIVED THIS EMAIL. IF YOU WANT THE NUMBER CONTACT ME
I'm writing about the corruption in Manitowoc County, it is somewhat related to the Steven Avery/Brenden Dassey case on Netflix. The day before Christmas (this year)
I called the Manitowoc Sheriffs office to report that Kay Kocourek had told me that Tom Kocourek, her brother and the ex sheriff here in our county, ran over and killed Ricky Hockstettler in 1999. I also told them that I was told that the vehicle was repaired at Pietroske s dealership and that I was told a man named Nick did the bodywork. I made it clear that I didn't know if the allegations were true or not but that this needed to be investigated. They told me they would make an apt for me to come in for a taped/filmed statement. Within an hour detective Dan Weyker (920-683-5011) called me up and said that WE have already investigated everything and and that I wouldn't need to come to the station. I've been targeted by this police organization ever since I got involved in Joe Dheins' case. He was getting railroaded by the counties metro police division. He came to the tavern I was bartending at while attending the University of WI. Manitowoc campus. He told me some details and I asked if I could help. I set him up with an attorney Russel Stewart, the Ballesteros (sp?) bros lawyer in Milwaukee. At the trial the person that metro used as a witness stated that he was drunk when the metro unit picked him up and that his statements were false
and that the police coerced and made him file a false witness statement. The case was dismissed. When Joe first approached me at the bar he stated that he was being targeted by metro because he knew that Mark Anderson, head of metro at the time, had sexually abused
Donnie Hein's nephew (a friend of Joe).
Kay was afraid to file a statement herself because she was abused in the Kocourek home's basement growing up and forced to perform felatio on her brother Gary. Kay has since passed, so it would seem that these allegations or statements can't be verified,
but Kay's sister Sal is still alive and these same incestual practices were done to her. Robert Schmidt (920 860 1167),
Kay's husband at the time of her death informed me that Kay and Sal went to her parents but were told that this didn't happen in a Kocourek household. He was also told the stories by Kay about her going to talk with brother Tom about the accident. Jeff Thompson (920 860 1124) was also told. I told Charlie Blish (920 973 6233) everything I knew over a lot of phone calls. I did this because he owned BD communications and did a lot of wiring for the county Sheriff's dept. I wanted them to know that I knew things and that if they quit targeting me, my family, and my friends that I would just shut up. I need to know where and how to make my statements. I also know and have talked to the German woman in this blog http://www.convolutedbrian.com/an-alternative.html and have talked to
Dave Begotka from this you tube video:
https://www.youtube.com/embed/je35gOEL5wQ?autoplay=1
We need advice up here and we need to know who to report this info too. Please help my number is..
[–]DaCodfather
That's my email. Do you think you could take that down quicker than you could dig my foot out of your butt? People involved have friends and family up here. You're putting them in jeopardy. I'm in contact with the right people now. We're sitting here with our drapes pulled during the holiday season for the christ's sakes. Everyone of my neighbors are looking for snipers in the cemetery across the street. wth is wrong with you?
NOTE: In
this thread in
r/UnresolvedMysteries, DaCodfather revealed his full name (see comments below) .
[–]DaCodfather
Just so you people know why he received my email - I talked to a man at wbay TV, a man with integrity. I told him this story and he said to report it to Brown Counties Sheriff dept. After my statement they said we'd like to help you BUT it's not our jurisdiction and they suggested I call the state police, which I did. The state police at Fond du Lac said the same thing and suggested I call the criminal investigation unit in Madison, 608 266 1671. They unbelievably said no one was available for this and that I could fill out a form. I stated this was unacceptable and that I needed to come in and get a taped statement and that I was going to the FBI and I hung up. I waited a couple of days, trying to figure out where to go with this, and finally sent it to the MinnFBI and the federal DOJ. When I received no reply from them I decided to go directly to the lions den.
I called the Manitowoc Sheriff's Dept. and spoke to the switchboard or desk person and stated that I needed to know the process to come in to make a report on the 99' death of Ricky Hockstettler. I then told her that I didn't know if this was true or not but it needs to be investigated.
I had told her what Kay, the ex sheriff's sister, had told me. She patched me through to a lower ranking deputy sheriff officer that I told what Kay had said. He said that they would set up an appt. for this week for me to come in. Within an hour, Dan Weyker (920 683 5011) called me back
and I told him what Kay said and that another person told me that the vehicle (Tom's) was fixed at Pietroskies by a bodyman that he thought was named Nick. He, Weyker, then told me that WE investigated this all back in '99 and that it was a Copps dept store party at the Bilmar. He then asked who I all told this stuff to. I replied no one and that this was a small town, knowing full well my list would all be intimidated. It's happened in this county before. I then reached out to Brian McCorkle who blew me off. So I reached out to Trump, I built his tennis courts at Mar A Lago in Florida, The old Emily Post Mansion. My friends explained why he couldn't do anything and I regretted sending it to him, bummer cause I really like that guy. At this point I was getting sick (stress really makes the disease I have worse) and didn't know where to turn I then reached out to Jerry Buting but couldn't find his email addy. Don't ask, I was really sick.
