KZ uncovered evidence in Discovery of 3 places in the Gravel Pit (not just 1) where human bones were found, 2 of which were ignored by the State during trial. It was Eisenberg who documented evidence tags in the 7400s as more human bones with cut marks.https://t.co/FtkQpudBfN
There are three locations in the Manitowoc County Gravel Pit were human bones were discovered, per Eisenberg's reports. This evidence was not presented at trial. Zellner is requesting ANDE Rapid DNA ID of the bones. #MakingAMurderer#MakingAMurderer2https://t.co/iMYKwrzW0j
No human bones were found in Radandt's pit. It was the county quarry where the 3 piles of human bones with cut marks were recovered. These were described by Eisenberg as being human—not possibly human—but human. And they have cut marks. GPS locations:https://t.co/Uf8AasIi6P
Items to be examined from the 3 piles of bones in the MC Gravel Pit: 7411, 7412, 7413, 7414, 7416, 7419, 7422, 7424, 8675 (according to the attachment in KZ's motion). So these items overlap and were given back to the family: 7411, 7412, 7414, 7416, 7419.https://t.co/FgJ1Srtc9P
[WBAY] Steven Avery's attorney has filed a motion asking the circuit court to reverse his conviction for the 2005 murder of Teresa Halbach and order a new trial. The motion also requests a new judge to preside over the case.
Kathleen Zellner filed the post-conviction relief motion March 11 in Manitowoc County. The case, which had been in the appeals court, was sent back to circuit court so Zellner could file this motion.
The motion says the State of Wisconsin "spent an enormous amount of time and effort perpetrating a fraud upon Steven Avery's jury" during his 2007 trial for 1st Degree Intentional Homicide. Zellner claims that the state "created a narrative that Teresa Halbach was murdered in Mr. Avery's garage and burned in his burn pit."
Zellner says it is possible that remains found at a Manitowoc County gravel pit belonged to Teresa Halbach, and that would have poked a hole in the prosecution's theory that Halbach never left the Avery property on the day of her murder -- Oct. 31, 2005.
The state handed the gravel pit remains over to the Halbach family in 2011.
"The State, by its actions in returning Manitowoc Gravel Pit bones to the Halbach family in 2011, has implicitly admitted that the bones were not only human but that they belonged to Ms. Halbach," reads the motion.
The motion claims the State of Wisconsin violated Youngblood v. Arizona when it returned the bones to the Halbach family but failed to inform Steven Avery about it.
Zellner also states that Special Prosecutor Ken Kratz concealed that there were gravel pit bone fragments.
"Because of Prosecutor Kratz's misrepresentations to the jury, Mr. Avery's conviction must be reversed," Zellner states.
The motion also calls for Judge Angela Sutkiewicz to remove herself from presiding over the Avery case in circuit court. Zellner says Sutkiewicz lacks the ability to be impartial.
"By virtue of having presided over the prior civil suit filed against Mr. Avery by the Halbach family for the death of Teresa Halbach, Judge Sutkiewicz should recuse herself from the pending post-conviction case, and it should be reassigned to a different judge," Zellner says.
Zellner also notes that Sutkiewicz and Kratz served together on a Crime Victim's Rights Board in 2007-2008. That's during the time frame of the Avery trial.
Zellner also filed exhibits to supplement the motion. CLICK HERE to view the exhibits.
Action 2 News reached out to the Wisconsin Department of Justice for statement on the new filing. We have not received a response at the time of the publication.
No future hearings have been scheduled.
- END UPDATE -
DEFENDANT-APPELLANT'S MOTION TO STAY APPEAL AND
REMAND THE CAUSE FOR PROCEEDINGS ON CLAIMS FOR RELIEF
IN CONNECTION WITH THE STATE'S VIOLATION OF WIS. STAT.
§ 968.205 AND YOUNGBLOOD V. ARIZONA
Defendant-Appellant, Steven A. Avery, Sr., ("Mr. Avery'') by his undersigned
attorneys, Kathleen T. Zellner and Steven G. Richards, moves this Court to stay
this appeal and remand the cause for a hearing on a claim for relief in connection
with the State's violation of Wis. Stat. § 968.205 and Youngblood v. Arizona.
In
support of this motion, Mr. Avery states as follows: Undersigned counsel has uncovered the State's violation of Wis. Stat.
§ 968.2.05 where it failed to (1) preserve certain suspected human bone evidence and
(2) notify Mr. Avery and his attorneys of record of its intent to destroy such
evidence.
Mr. Avery hereby moves for a remand to the circuit court to conduct
proceedings consistent with the claim alleged herein.
After filing Mr. Avery's December 17, 2018, Motion, undersigned counsel discovered a previously undisclosed police report ("September 20, 2011 report"). Specifically, a third party provided counsel with a copy of the report.
The September 20, 2011, report reflects the Calumet County Sheriff''s Department's transfer of multiple suspected human bones from the Manitowoc County Gravel Pit to the Wieting Funeral Home for return to Ms. Halbach's family.
Specifically, the suspected human bones from the Manitowoc Quarry property tag numbers 7411, 7412, 7414, 7416, 7419-were returned to the Halbach
family, according to the September 20, 2011 report.
The exhibits attached to Mr.
Avery's December 17, 2018 Motion describe the location of the suspected human
bones in the Manitowoc Gravel Pit, as reflected in Dr. Leslie Eisenberg's ("Dr.
Eisenberg") report. (Group Exhibit 1 to the December 17, 2018 Motion)
In 2016, Suzanne Hagopian ("Ms. Hagopian") of the Wisconsin State
Public Defender's Office ("WSPDO"), who had been Mr. Avery's prior postconviction
and appellate attorney, provided to undersigned counsel's office entire file
pertaining to WSPDO's representation of Mr. Avery.
The September 20, 2011 report is not present in undersigned counsel's
file kept on this case. (Attached and incorporated herein as Exhibit B is the
affidavit of Kurt Kingler, law clerk for undersigned counsel).
On January 3, 2019, undersigned counsel contacted Ms. Hagopian to
request that she confirm whether she had ever seen the September 20, 2011 report.
Counsel has obtained an affidavit from Ms. Hagopian. (Attached and
incorporated herein as Exhibit C is Ms. Hagopian's affidavit).
In her affidavit, Ms. Hagopian explains her representation of Mr.
Avery began in July 2007 and ended when the Wisconsin Supreme Court denied his
Petition for Review on December 14, 2011 (the Wisconsin Supreme Court's order
was filed in Manitowoc County on December 15, 2011 (470:1-2)).
On September
20, 2011, Ms. Hagopian and her co-counsel, Martha Askins ("Ms. Askins"), were Mr.
Avery's attorneys of record.
Ms. Hagopian has no recollection of having seen this
police report before undersigned counsel delivered it to her on January 3, 2019.
Further, Ms. Hagopian does not recall having a conversation with a representative
of the State pertaining to tendering items of evidence from Mr. Avery's criminal
case to the family of Ms. Halbach.
Moreover, Ms. Hagopian avers that, had she
seen this report or had a conversation with a representative of the State regarding
the return of items of evidence to the family of Ms. Halbach, she believes she would
recall it.
Attorneys Hagopian and Askins filed Mr. Avery's Wis. Stat. §
809.30(2)(h) postconviction motion on June 29, 2009. (429:1-28; 427:1-31). That
motion was denied by the circuit court on January 25, 2010 (453:1-106) and
Attorneys Hagopian and Askins timely appealed on February 10, 2010. (454:1-4). This Court affirmed the circuit court's order denying relief on August 24, 2011.
(468:1-44).
Then, on September 20, 2011, during the pendency of Mr. Avery's
appeal, the Calumet County Sheriff's Department, together with Assistant
Attorneys General Thomas Fallon ("Attorney Fallon") and Norman Gahn ("Attorney
Gahn"), arranged for the return of certain suspected human bones from the
Manitowoc County Gravel Pit to the family of Teresa Halbach.
On September 22,
2011, Attorneys Hagopian and Askins filed their petition for review in the
Wisconsin Supreme Court. (469:1-2). That petition was denied on December 14,
2011.(470:1-2).
The State, without notifying Mr. Avery and his attorneys and during
the pendency of Mr. Avery's direct appeal, caused material and potentially
exculpatory evidence to be transmitted to the Halbach family for its potential
destruction by cremation or burial.
On January 24, 2019, undersigned counsel received her own copy of
the September 20, 2011 report from the Calumet County Sheriff's Office and was
able to verify the accuracy of the report provided to Ms. Hagopian.
Because the State violated Wisconsin's preservation of biological
evidence statute, Mr. Avery's due process rights were per se violated.
His conviction cannot stand.
Wis. Stat. § 968.205 (2001) (amended 2005) governs the preservation of
physical evidence collected subject to criminal investigations.
[...]
It is beyond question that the State violated § 968.205 when it failed to
(1) preserve the suspected human bone evidence and (2) notify Mr. Avery and Ms.
Hagopian of its intent to do the same because the suspected human bones were
biological evidence collected in the course of the State's investigation of Mr. Avery,
which ultimately led to his conviction.
Additionally, the human bones were-at
minimum-suspected of belonging to the victim in the crime of which Mr. Avery
was convicted. Therefore, the suspected human bones recovered from the
Manitowoc County Gravel Pit are properly considered within the ambit of §
968.205(2).
Because § 968.205 does not provide a remedy for convicted persons in
the event of a violation, fashioning a remedy is left to the courts-an action
Wisconsin courts have yet to take.
[...]
Additionally, the State acted in "bad faith" where it was on notice that
the trial court had ordered preservation of certain items of DNA evidence yet
proceeded to effectuate the loss of biological evidence within its control.
On April 4,
2007, the trial court entered an order for the Preservation of Blood Evidence and
Independent Defense Testing. This order contemplates and allows future DNA
testing by Mr. Avery. (395:1-3). In its order, the trial court gave Mr. Avery the
opportunity to, at any time, submit items of evidence for DNA testing. (396:2).
It is clear that the parties have broadly construed the scope of the
April 2007 order to permit testing of a variety of biological samples deemed relevant
to the instant case. The State was on notice of this agreement in September 2011
when it facilitated the destruction of suspected human bones recovered in the
Manitowoc County Gravel Pit.
That the State knew it bore a duty to preserve biological material at
the time it facilitated the potential destruction of the suspected human bones
without notifying Mr. Avery and his attorneys.
The State, by taking these actions,
acted in "bad faith" and with "official animus" as defined by Youngblood and
Greenwald. See, e.g., United States v. Bohl, F.3d 904 (10th Cir. 1994) (finding
bad faith where government actors destroyed potentially exculpatory evidence when
they were on notice that the evidence at issue should be preserved); United States v.
Cooper, 983 F.2d 928 (1993) (finding bad faith where law enforcement agents
destroyed evidence they knew the defendants asked to preserve).
[...]
In the instant case, the suspected human bones are "potentially
useful," meaning that retesting of the suspected human bones from the Manitowoc
County Gravel Pit could demonstrate Mr. Avery's alleged actual innocence.
It is
indisputable that the State violated the DNA evidence preservation statute by
returning the suspected human bones to the Halbach family.Mr. Avery's due
process rights under Youngblood had been violated.
According to federal and state due process jurisprudence regarding the
State's duty to preserve evidence, the appropriate remedy for a violation of Wisconsin's DNA evidence preservation statutes is the reversal of the criminal
defendant's conviction.
Therefore, the case should be remanded to the circuit court
to conduct proceedings to determine if there has been a due process violation and
how that violation should be remedied.
Mr. Avery has brought this issue to the court's attention in a timely
manner. He does not want to waive this issue by not addressing it at this time.
The appeal must be stayed and this issue must be remanded to the circuit court for
proceedings that should include a hearingin which Deputy Jeremy Hawkins, Sgt.
Inv. Mark Wiegert, Attorney Thomas Fallon, and Attorney Norman Gahn would be
subjected to cross-examination concerning the illegal transmission, without notice
to Mr. Avery's prior counsel, and the presumed destruction of the Manitowoc
County Gravel Pit suspected human bones.
The undisclosed September 20, 2011
report contradicts Mr. Kratz's representations to the jury that "these bones in the
quarry, I'm going to take 20 seconds to talk about, because the best anybody can say
is that they are possible [sic] human." (716:78).
The State by its actions has
implicitly admitted that the bones are not only human, but that they belong to Ms.
Halbach. The State cannot credibly argue that it returned animal bones to the
Halbach family for burial or cremation. The State's actions demand that further
proceedings be conducted to determine if Mr. Avery's due process rights have been
violated and if the State acted in bad faith in returning the suspected human bones
to the Halbach family.
Conclusion
Wherefore, undersigned counsel respectfully requests that this Court enter an
order staying this appeal and remanding the cause to the circuit court for proceedings
to determine whether the State has violated Wis. Stat. § 968.205 and Youngblood v.
Arizona.
Unless I’ve made a boo-boo, some of the items returned to the Hallbach’s are in KZs motion to test with rapid DNA (self.TickTockManitowoc)
by Coriolana
December 18, 2018
I’ve checked CASO pages 1114-1115. The following property tag numbers were returned to the Hallbach’s on 20th Sept 2011, via the Weiting Funeral home: #8318, 7924, 7925, 7936, 7944, 8675, 7964, 8675, 7964, 6200, 6197, 8118, 6200, 6197, 8113, 8148, 8150, 8140, 7411, 7412, 7414, 7416, 7419, 7420, 7421, 7426 and 7434.
KZ has asked for these items to be examined from the Manitowoc County Pit piles (3 piles): 7411, 7412, 7413, 7414, 7416, 7419, 7422, 7424, 8675 (according to the master index of gravel pit piles in the attachment to the motion.
So these items overlap and were given back to the family: 7411, 7412, 7414, 7416, 7419.
Have I red this right? Is KZ going to want to exhume remains? Were they buried?
Carmen Boutwell was a 25-year-old woman who died in Manitowoc County on
the day that Teresa was reported missing, 11/3/05. Pfeffer funeral home, where her body was taken immediately after her funeral on 11/8/05, is owned by Mike Bushman's wife. Retired MTSO deputy Mike Bushman lead the team that discovered the potential burial site on Kuss Road on November 11/7/05 (he ran the K-9 unit until his retirement and then became a reserve deputy for MTSO). Bushman was one of the deputies who arrested Avery in 1985 for the sexual assault of Penny Beernsten. Also, he was the first deputy to respond to the 1999 hit-and-run death of Ricky Hochstetler.
#MakingaMurder #OnThisDay 2005 TH bones apparently found on ASY. CB funeral her cremation to follow after service, WCCA logged CB’s dismissed charges. CB family would not receive her cremains for weeks after service. - Novias, Twitter, November 8, 2017
#MakingAMurderer#onthisday 2005
CB - 8:30 am found dead
TH - 5:30 pm reported missing
StevenAvery - 6:34 pm listed as MURDER suspect
Details on Carmen's death at the 32-minute mark in the video above.
There is simply no evidence that bones
were found during the investigation. No one documented the bones on site
at any of the three locations where they were allegedly found. Not a
single photo exists. No one documented the “charred material” before it was shoveled up and tossed into boxes. The FBI and crime lab reports didn’t even
designate the shin bone as bone. If true that no bones were
found, one can only speculate about the origin of the tissue sent to the
labs. Clearly there were problems identifying the remains as Teresa
Halbach’s, though one wouldn’t know that from trial testimony or media
reports. The defense accepted Culhane’s report as proof that Teresa’s
body was found. How can it be trusted when there is a huge problem with
the chain of custody? If Dr. Eisenberg shipped it directly to the FBI as
stated, how did Culhane test it at all?
The fact is the remains (if there were
any found to begin with) were never conclusively identified and that
means the fraud in this case may be much bigger than anyone could have
imagined. Hopefully at some point Avery’s attorneys will look into this
matter. It is too important to overlook. [Source]
November
3, 2005 was a seemingly busy day for Manitowoc and surrounding areas.
Carmen Boutwell was found of a suspicious drug overdose that morning at approximately
8:30 am. Teresa Halbach is reported missing later that day at approximately 5:00 pm
and Steven Avery shows on the Global Subject Activity Report Summary as HOMICIDE
SUSPECT at 6:34 pm.
Can these three events be connected? It certainly looks as though they can.
In
October of 2004 Steven Avery had filed lawsuit in regards to his
innocence of the 85 case where he was falsely accused of rape. This was
also around the same time frame that TH started working for AutoTrader
and one of her clients was Steven Avery. She had been to his property
many times leading up to her disappearance.
When we
look at occurrences that happened leading up to year after the law suit
being filed a deposition was taking place those mentioned below had been
thru the deposition process.
05/12/05 - Special Agents AL and DS are deposed regarding SA 1985 case.
AL testifies that "it appears that there was no real investigation
done," and the police "had a suspect and they were going to make it
work." Special Agent DS also states that "the sheriff told the DA not to
screw this one up because the sheriff wanted SA convicted of this
crime." http://stevenaverytrial.com/
09/08/05 - DJ, Assistant DA for Manitowoc
County, has a telephone conversation with Chief Deputy Gene Kusche. In that
conversation, GK tells DJ that Sergeant Andy Colborn disclosed that Gregory Allen might be
responsible for Avery's 1985 conviction, denoting that GK might have
known Steven Avery wasn't guilty. 09/22/05 - MR, Manitowoc County
District Attorney, is deposed and acknowledges communications with
Sergeant AC and Lieutenant Jame Lenk regarding SA’s case. He states that he
provided this information to the Attorney General's office, but no
record exists of MR doing so. He also confirms that DJ spoke with GK
regarding the 1995 phone call. 10/11/05 - Lieutenant JL is deposed and
acknowledges the phone call from Brown County in 1995. 10/11/05 - Sandra Morris is
deposed regarding her 1985 complaint against Steven Avery. 10/13/05 -
Sheriff Ken Peterson is deposed and denies any knowledge of evidence that could
have cleared Steven Avery of the 1985 conviction. 10/13/05 - Sergeant AC
states under oath that he doesn't recall speaking with anyone else
regarding SA case. 10/13/05 - Judy Dvorak is deposed and acknowledges that she
suggested that SA looked like the description provided by Penny Beerntsen 10/26/05 -
Chief Deputy of Manitowoc County, GK, provides deposition regarding why
his sketch used in the 1985 PB case (supposedly drawn based on PB memory
of her attacker) looks nearly identical to SA mug shot from January
1985. GK denies that he had access to the mug shot before making the
sketch. GK framed the sketch and displayed it for nearly 20 years. GK
also questions the validity of the DNA evidence in the SA case.
October 10, 2005 - was this the test run?
1. Warrant issued October 10, 2005 for Carmen Boutwell's arrest
https://wcca.wicourts.gov/caseDetails.do;jsessionid=1FB01A0C071E340DB6CD1315968E172E.render6?caseNo=2005CF000341&countyNo=36&cacheId=A5587DAFB43FFED9A7E1F5AE65F0597E&recordCount=6&offset=3&mode=details&submit=View+Case+Details
2. Warrant filed Oct 10, 2005 for Carmen Boutwell
Warrant served Oct 12, 2005
Bail/Bond Hearing Oct 13, 2005
Initial appearance Oct 17, 2005
Notice entered Oct 2005 - Review is set for Nov 3, 2005 @ 8:30 am
3. Teresa Halbach is scheduled with AutoTrader and has an appointment with SA at salvage yard.
4.
Ryan Hillegas - speaks with TH over the phone for 17 minutes the evening of Oct
10, 2005: note he called or received calls from TH (If you look at the
phone records of RH you will see a pattern Oct 10/11 & Oct 30/31
RH phone record call patterns do seem quite similar for both Monday the 10th and Monday the 31.
Monday October 10 2005 8:13 AM Voice
Monday October 10 2005 3:53 PM Incoming Mrc
Monday October 10 2005 5:45 PM 2 DM
Monday October 10 2005 6:20 PM Incoming 17 TH
Monday October 10 2005 6:46 PM MK
Tuesday October 11 2005 6:40 AM MK
Tuesday October 11 2005 7:56 AM Oshkosh
Tuesday October 11 2005 11:31 AM MK
Tuesday October 11 2005 11:43 AM Outgoing TH
The Fateful final 48 hours:
October 30 2005 1:26 PM 1 SB
October 30 2005 1:35 PM 2 SB
October 30 2005 3:30 PM 1 VIDEO
October 31 2005 9:10 AM Incoming 8 DM
October 31 2005 9:41 AM Incoming 2 Unknown
October 31 2005 3:48 PM 1 Voice
October 31 2005 3:50 PM CM
October 31 2005 6:01 PM Incoming 2 Unknown
October 31 2005 6:02 PM Incoming 23 Unknown
October 31 2005 6:25 PM 3 Unknown
October 31 2005 7:19 PM Incoming 3 Unknown
October 31 2005 7:36 PM 2 Unknown
October 31 2005 7:37 PM 2 SB
October 31 2005 7:47 PM Incoming 5 SB
What was Carmen Boutwell doing leading up to October 31, 2005?
Prior
to October 31, 2005, CB had met with Law Enforcement days prior to her death. Her
grandmother had driven her to an out of the place location where they
met LE and CB sat in the back seat of LE’s car refusing to tell them
what they wanted to hear. She was nervous and anxious about this
meeting.
On the day of October 31, 2005, CB's family
tells me that she was attending school in prep to attend college and had
came home for lunch that day and spoke with her mom about what she was
doing for Halloween. CB loved Halloween and she loved shelling out candy
to the local kids. She told her mom that she was staying home that
night and would look forward to her mom stopping by with her little
brother in costume. Unfortunately she never spoke with her again and did
not make it over that night to see her.
On the day of
October 31, 2005, TH is working her Monday at AutoTrader and has an
appointment at salvage yard with SA to take photo of his sister's van.
October 31 Timeline detailed on reddit (angieb15) with many great links as reference:
On November 3, 2005, at
approximately 8:30 am, CB is found dead. CB lived in an upstairs
apartment and her grandmother lived downstairs. CB’s grandmother had
gone upstairs and knocked on the door to wake CB and she did not answer.
A few minutes later an unknown female alerted CB’s grandmother that CB
may be dead. The grandmother went upstairs where she found CB sitting on
the floor leaning against the stereo and unresponsive. MSCO was
contacted and responded. Conversations between MCSO and CB’s family
immediately ensued and her family was told she had OD’d. The family, of
course, was devastated. MCSO immediately discussed that they would
assist the family with her funeral arrangements. The family had paid for
CB’s funeral, however. Even before CB's body was removed from her
apartment MCSO told the family that they should have her cremated. They
advised the family that an autopsy would be done immediately and that
they would help with the arrangements for cremation. The autopsy was
completed November 4th and CB’s funeral was November 8th. Her family
remembers placing her in the back of the hurst shortly after 1 pm on
November 8th, where she was taken to be cremated. It took 3 weeks for
her cremains to be returned to the family. CB’s family questioned her
death a few times to LE and were told that she was a drug addict and to
get over it, and that finding her killer was virtually impossible. LE
never investigated CB suspicious drug death! MSCO stated in the news
article that the case was still open.
On November 3, 2005, at approximately
5:00 pm Teresa Halbach is reported missing.
Timeline detailed on reddit
(angieb15) with many great links as reference:
On November 3, 2005, at 6:34 pm, approximately 2 1/5 hours after TH missing person report was filed, SA was documented as TH murder suspect. NOVEMBER 3, 2005 @ 18:34 hours Global Subject Activity Report
On November 3, 2005, Dave Remiker - Report shows that he was not working on November 3, 2005:
This
is where I would love to see CB investigation paperwork as Dave Remiker says he
was on this case but he seems to be MIA that day and then was recorded
as being involved in SA case.
On November 3, 2005, at 10:00 pm the breaking news of TH missing, WBAY:
On November 4, 2005, because
MSCO had removed the same coroner that would be walled off from SA
case, CB was driven 2 hours drive to Waukesha County Morgue. Her autopsy
was done by DPK MD Forensic Pathologist & TH Forensic Autopsy
Assistant. This autopsy was done Nov 4th, 2005. The autopsy report shows
her organs were shown as normal. That is not condicative to someone who
is a “druggie” along with the low numbers showing of methadone &
alcohol. What is questionable is the mention of markings and their
locations, and that she was more apt to have died from
suffocation/strangulation rather then OD. During the autopsy, tissues
and samples were taken and stored, and also there was a DNA card made
for her. (NOTE: the coroner DK had contacted CB family daily, always
saying how sorry she was her last day calling. She called 3 times, with the
last conversation being that she was removed from the case; she stopped
contacting the family.)
On November 4, 2005 at 10:00 am - Pam Sturm sees news featuring TH. Page 197:
When you go back and look at CB court documents, the following stands out:
November
8, 2005 - Motion and order of dismissal ordering the action dismissed
without prejudice because the defendant is deceased (that is 5 days
after she died, that is the very day of her funeral, that is the very
day the supposed bones were found on the salvage yard). In none of CB's
other court documents is it logged that she was deceased until the
following year, and 2 documents actually still don’t show her as
deceased.
Have I gotten your attention yet?
[–]August141981[S]
Frightening
isn't it...I've been deep deep down in the CB rabbit hole, all the
fluff that KK made in regards to DNA and such is just that. This
Information and more has been turned over to proper authority and I
can't wait for that ship to sink and those responsible for this heinous
crime are made accountable
They framed them, they shamed them and they stole their lives.
I
was sickened by what they did to SA x2. I was horrified by what they
did to BD. I'm frightened by what they did to CB. These are people who
are supposed to be looking after "we the people" and for decades they've
only been looking after themselves. it's disgusting
[–]angieb15
Can you say where you got all the details? Because some of this is previously unknown and fascinating...
[–]August141981[S]
Direct
connections to CB, and it's both fascinating and frightening thru many
months and tons of reading and telephone conversations. Working with
some really great thinkers. I surely couldn't have gathered all on my
own but was encouraged to post this here and hope to gather further
thoughts and information.
[–]Redditidiot1
I am interested in her sitting in the car with LE and not telling them what they wanted to hear. What did they want to hear?
[–]August141981[S]
It
is believed that DEA was there at the meeting as well. I am convinced
that CB knew something or was being pressured for something and refused
to play the game or was silenced.
I believe from my information gathered that this is a case of 1 dead, 1 missing, and 2 framed.
[–]Redditidiot1
Are you implying something with "one dead and one missing" rather than two dead?
[–]August141981[S]
One
is dead and one is missing. I'm not implying anything. CB is confirmed
and documented as deceased; TH is reported missing: there is no proof of
rape/torture/mutilation or murder, no body fluid/blood, no damage to
the bed where supposed rape took place. Heck car-char-ski the officer I
refer as "dopey" sat on the very bed of the crime scene and took notes
while the other 2 idiots packed up the evidence they just planted.
And
it all started with a sweaty narcissistic story teller, and we're all
still rooting, searching for the murderer that we were told about.
[–]August141981[S]
I don't live in USA but certainly hope to one day meet CB family; a bond is created now, and, no matter the outcome, her death needs to be investigated by trusted authorities.
[–]August141981[S]
The
drug unit was aware of the candy man since 99. MSCO had no interest or
want to investigate CB death. They are great at creating lots of noise
and confusion. CB family was dismissed purposefully by MSCO.
[–]seekingtruthforgood
In
the comments it discusses a reduced sentence handed down to the alleged
boyfriend of CB. She was prohibited from having contact with him as
part of her own criminal proceedings. Interesting is that he escaped out
of jail just before her death. He was not picked up again until after
her death. The comments question a prior reduced sentence given to him
and whether that sentence was reduced in exchange for being an
informant. If so, the poster is questioning whether CB's death was not
investigated because their own informant, who escaped from jail, may
have been the source of the drugs one that killed her. This theory makes
a lot of sense to me in terms of LE wanting to avoid the bad press and
liability associated with their own confidential informant. He, btw, is
in more recent news and is going to prison for other offenses.
[–]August141981[S]
I
assure you CB did not look like the photo in the news article. The
photo her mom was holding was of her a few years younger. Yes, she
resembled the photo somewhat but that was not her look when she died.
[–]foghaze
I
can confirm this. I've seen the pic too. They looked nothing alike
anymore and she could not have pulled off posing as Teresa. So I hope
those who are leaning in this direction can see how that scenario would
be impossible.
FYI the markings on her throat are a bit
suspicious but, after further research, seem to be common. I really
don't know what to think about her connection, if there is one, anymore.
I'm leaning more to no connection TBH.
[–]stateurname
Did
you have a previous post about a certain guy who had a court date
schedule for a certain time? Can't recall, but CB's friend at the time?
[–]August141981[S]
If you are referring to first name rhymes with Mary you quite likely read my posts here:
Yes
his name was Gary Kreie. According to her family they weren't really
friends. They didn't even know who he is but for some reason, MTSO
ordered her to stay away from him.
Out of all this mess, I hope the friends around CB have been able to get clean and out of the area.
[–]August141981[S]
I
believe we will see change; this is a lot for many of them. Some have,
some are and hope others will find the strength to direct themselves in
positive ways.
[–]August141981[S]
Thank you fog and I appreciate your input as always.
[–]foghaze
Thank you fog and I appreciate your input as always.
Your
welcome. One thing I do find strange is how she was taken to the
coroner in Waukesha and how they made her get an autopsy when none was
needed. It's odd how they immediately called it an overdose when they
couldn't have actually known this. The coroner she was taken to was
connected with another corrupt cop case that had recently happened as
well in another county but he testified for the defense. It's pretty
interesting because a cop shot this guy in the head and some of the
cranial pieces were missing according to him. They were apparently on
the ground but he claims he never got them. Crazy huh? You can kinda see
where I might be going with that. I will get that info to you when I
have the chance.
Also when I look at the very little
amount of drugs in her system compared to the BAC level I cannot see how
she died but I think it's possible had she never taken methadone
before. I'm no expert at all but the levels of methadone in her system
appear very low. However, if this is coupled with alcohol it does make a
difference. I do suspect that it's possible she got it from LE.
The deeper I dig the more it looks like the entire state is corrupt.
[–]August141981[S]
mb jr is who you are referring?
yes another interesting case
[–]foghaze
mb jr is who you are referring?
I
can't remember the names or details. It was a while back when I
researched all this but it was a corrupt cop case where he pulled a guy
over who was supposed to be in court testifying against him in a few
hours. Something like that. The cop straight up killed him for no reason
at all at close range. He was unarmed.
[–]solunaView
Have you found any maternal relatives that could link CB and TH? Even distantly?
[–]ControlOptional
I looked back all the way to ancestors several generations and found nothing.
[–]solunaView
Still
not discounting this. The other thing is with only 7 loci matching, the
odds in the regular population are much better like in the hundreds
possibly.
The other thing is, we don't know if LE would
out and out fake the mtDNA testing. SC has spit on her hands already
how much of a leap would it be to just fake a test or three?
[–]dark-dare
It's called dry labbing and it is more common than you think in state run labs.
[–]August141981[S]
I
use to work with a retired forensic guy who had a routine. One day I
mentioned his habits to him and that is when I found out his previous
work was. In the 5 or so years I worked with him NOT ONCE did he cough
in his hands.
SC was a nervous nitty for a reason.
[–]August141981[S]
Yes maternal, yes related and distant on father's side (CB father related to TH father).
[–]no_idea_4_names
So that wouldn't count towards mtdna then would it? Thought that was all through the mother's side?
[–]August141981[S]
mtdna means nothing! just more fluff on the prosecution side of things.
The reality is that there is plenty of lies and deceit that was created and executed by the prosecution and the thugs.
[–]August141981[S]
There was an unknown/unnamed female there when CB was found but there were others that left in the night.
[–]NewbieDoobieDoo7
Several
have asked and you are not answering other than very vague non-answers.
Where are you getting this information. 'A lot of research' is not an
acceptable answer. Many of us have dug around with nothing close to
these details so please provide more information as to your sources,
even if you can't name names you should be able to give more info than
that.
[–]August141981[S]
I'd
love to sing to the world about a girl named CB, but if my information
seems vague, then I apologize and you are free to ask anything further.
Should I be able to further indulge in answering I will. However, the
people I've spoken with I earned their respect and trust and I would not
intentionally jeopardize the bond of friendship we have created over
these past few months. Sometimes things just can't be said for good
reason. CB death has never been investigated, if you catch my drift.
[–]August141981[S]
Spoke personally, yes, as have others & they have been vetted.
Just to be clear, I'm not a lone wolf, and I'm not a "you heard it hear first kind of person."
Foghaze is one of a small group of people who has been introduced to some of the sources.
It's going to go down like domino's.
[–]NewbieDoobieDoo7
So people close to the CB case think that there is a link between her and THs death?
[–]August141981[S]
All
who have directly connected ourselves to CB and those who knew her say
this. "If CB is not connected to this, Her death requires a complete and
trustworthy investigation"
We will all support it and demand it.
[–]NewbieDoobieDoo7
And I would say either way, she needs a complete and trustworthy investigation.
But I'm sure that's what you mean :)
[–]August141981[S]
absolutely! :)
[–]covertoperations911
This
is a fantastic post - such incredibly important information. I can't
thank you enough for sharing all of it with us and for giving the
Boutwell family a voice. The revelations about the autopsy and the
cremation are astounding.
Boutwell wasn't simply being
processed through the courts, she was on the radar of the federal
security services - and for reasons that remain unknown even today.
According
to the information you've gathered, a number of people were present in
and around Boutwell's residence on Nov. 2 and Nov. 3. There were the
unidentified persons who "left in the night" on Nov. 2. The following
day, Kreis or an alleged associate is seen outside her home. Later,
Boutwell's grandmother is told that she "may be dead" by an unidentified
female. What was going on at her house that night?
I'm absolutely floored. Something evil was happening in this county in October-November 2005.
[–]August141981[S]
Something evil has been happening there for decades.
She
was a young girl who had friends over: that is not out of the ordinary,
but what happened to her and what led up to her death is not ordinary
and should absolutely be investigated.
If we allow fear of speaking up and speaking out prevent us from exposing truth!
Then evil wins
[–]lilypadbitch
Evil
shall not win if those who know the truth come forward and stop the
cycle of corruption. It is like a family with a hidden secret and no one
wants to expose it because then everyone will know the sins of the
family.
I think there are more secrets that the state
of WI does not want the rest of the country to know about but I bet we
are all guilty of the same corruption.
Sad to say but this goes all the way to the top of our leadership here in the US.
[–]August141981[S]
your
absolutely correct from what I've seen, and it isn't just this case;
there are many others of the like. This doesn't happen unless you have
higher ups either covering or involved...when it comes down to it if
they have kept these secrets this long they are responsible.
[–]lilypadbitch
What was CB doing leading up to October 31, 2005 Prior to October 31/05
- CB had met with LE days prior to her death. Her grandmother had
driven her to an out of the place location where they met LE and CB sat
in the back seat of LE’s car refusing to tell them what they wanted to
hear. She was nervous and anxious about this meeting. August141981
What LE was involved in meeting with her? What was the reason for her to meet with them?
If
we knew more about what CB and TH where doing months before Oct. 31st
it could tell a lot about what happened to both of them. What was going
on in their life prior to Oct 31?
Thank you for posting August141981. I have been waiting to see your insight to the CB connection.
There
is some disturbing stuff going on in the shadows of this investigation.
This is no coincidence to the connections of events. I believe there is
some deep organized criminal activity going on in WI that they are
desperately trying to keep hidden.
[–]August141981[S]
Thanks
for letting me high jack your thread awhile back. I've dipped my toes
in this CB conversation or at least attempted since late Jan, early Feb
and, well, conversations never ended nicely or no one was just open to
discuss. I was thankful for the open conversation.
We
can't be 100% certain. So open conversation is really helpful to us all.
Fact finding and then creating our own understanding of the case.
[–]Redditidiot1
Did
you have a different name then? I was mmh150 or cremation of sam mcgee
and I believe I was one of the first, if not the first, to bring up CB's
coincidental death mid Jan. (I'm not bragging, it's just that people
shot me down very quickly and I can't recall your involvement in the
discussions, for some reason). Your filling in the blanks of this story
is fascinating to me. I have always believed in justice for CB as well
as others caught up in this mess.
[–]August141981[S]
yes
I used a different name. To be honest I didn't even use reddit in the
beginning. I used fb and other venues. I was horrified when I seen
previous posts in here from a while back where people were disrespecting
my personal space and bombarding comments with my personal full name,
who I was, who I associate with. All eager to negatively bash me and
discredit the information found. So I stepped away and have recently
returned because those I trust encouraged me to do so.
[–]Redditidiot1
If what you say is true then they destroyed her reputation in many different ways and that is horrific to me.
[–]August141981[S]
There is a long list of destruction, there is a long list of those they have pushed around for decades. It's chilling!
[–]Redditidiot1
Does Gary Kreie have a resemblance to anybody? Like GA did to SA? Just curious more than anything.
[–]August141981[S]
his fb page is open, pic's, friends list and posts
[–]skippymofo
Sorry about your experiences on Reddit. But these guys knew you are on the right scent.
[–]August141981[S]
it's sad the world we live in, surrounded by so much hate.
The length people go, and the noise they make, only shows the need for change in our world.
[–]August141981[S]
11
years ago today CB family laid her to rest, amongst all the noise and
utter chaos that was thrown into their world. They were kept in a state
that they were unable to see everything that was going on outside of
their devastation and loss.
[–]August141981[S]
CB
was found dead the morning of Nov 3rd. It's listed on her autopsy
report as is the date of her autopsy being Nov 4. It's been confirmed
and report has been turned over to team Zellner months ago
[–]ahhhreallynow
Any known connections between SB or RH or TH on a social level?
Spoiler Alert: Steven Avery's lawyer Kathleen Zellner has
been sent new bombshell claims that completely counteract the state's
case giving fresh hopes for appeal.
Dr. Eisenberg, Special Agent Pevytoe, John Ertl, Detective Wiegert and Special Agent Fassbender gathered at the crime lab
Making a Murderer's Steven Avery could be one step closer to freedom
following bombshell new claims that the FBI did not confirm that the
bones they tested belonged to Teresa Halbach.
The allegations contained in court transcripts and evidence logs purport to show that Wisconsin state DNA expert Sherry Culhane - sent only "charred material."
On January 20 2006, Calumet County Sheriff Jerry Pagel released a statement to the media insisting the FBI had confirmed the bones were matched to Teresa's.
While on February 7, shamed prosecutor Ken Kratz sent an email to Culhane - who was responsible for analyzing the bones locally - reiterating that statement.
Wisconsin state DNA expert Sherry Culhane has come under scrutiny over her evidence
However it's now been questioned whether FBI even tested
'bone fragments' since the piece of evidence marked BZ in the case was
"charred material" and that it was never proven to match with Halbach's.
Instead it was a general mitochondrial DNA match connected to a relative of Miss Halbach's mother, Karen Sekorski Halbach.
According
to campaigners none of the protocols were followed and the 'bones'
found were not logged properly, meaning evidence could easily have been
tampered with.
Blogger Amberlea1879
has pored over evidence on the Reddit forum which she says suggests
collusion was going on between Ken Kratz and Sherry Culhane.
And she's sent her research to lawyer Kathleen Zellner - who
apparently confirmed receipt and is looking into the claims as part of
her evidence gathering process.
Meanwhile in another startling
piece of research which gives a blow by blow account of the breaches of
protocol in the case - another compelling insight shows how the whole
thing could now be turned on its head.
Bone and teeth fragments which were found in a fire pit behind Steven Avery’s trailer
Stop Wrongful Convictions Campaigner and author Lynne Blanchard says: "Everyone accepts as fact that Teresa’s remains were found in the burn pit.
"Obviously it appears to be very incriminating, but what is going on with this evidence?
"Why weren’t protocols followed?
"No
coroner, forensic anthropologist, arson investigator or photographer
was called to the scene when the evidence was discovered.
"They had all of these high paid experts at their disposal and didn’t call on them until after the evidence had been shoveled up and taken to the sheriff’s office.
"The DNA evidence described above is not conclusive.
"How is it even possible for tissue to survive a fire that disintegrated 60% of the bone mass?
"The teeth, which are commonly used to identify a body because they outlast bone, didn’t even survive the fire.
Tragic Teresa Halbach was murdered on Halloween in 2005
"Something’s wrong and it becomes difficult to accept this evidence as presented."
According
to Lynne, lab analyst Sherry Culhane issued a report on December 2005
stating that a partial profile was obtained from a charred piece of
tissue and that seven of sixteen markers matched Teresa’s standard
profile.
She added: "The absence of a chain of custody of the
bones is critical because it could very well have rendered it
inadmissible. What happened?
Making a Murderer's Steven Avery is being backed by a top team of lawyers
"They brought in the state officials right away to ensure
that everything would be properly handled. Who dropped the ball? It is
very suspicious given everything else that happened in this case.
"Since the scene wasn’t documented, there is no proof that any bones were ever on the Avery property.
"As well, the Manitowoc County coroner was forbidden from
entering the scene and none of the forensic experts were summoned until
after the bones had been removed.
"We are to simply accept the word of the state witnesses who claimed to see the bones."
The burn pit outside the Avery trailer is said to have been where the body was crematedRelated Reddit Threads:
Had we been working any of these scenes from start to finish, there
would have likely been a more thorough photo record; however, under the
circumstances, we were merely able to provide technical assistance,
rather than complete scene processing.
That paints a much clearer picture of what John Ertl (forensic
scientist from Crime Lab, not a coroner) is saying. Then if you look at
the top paragraph, he explains the circumstances.
In regards to the burn pit, our involvement began with a request to
use our sifting equipment. The scene had obviously been altered at that
point.
Here, 'altered' can mean all sorts of things. If you're keen on the
planting, you might think that means evidence corruption. If you read
Sturdivant's testimony about how the bones were found, he says the dog
had walked through the pit. The pit could be considered altered from
foot prints, or when Sturdivant initially inspected the pit and found
bones.
[–] carbon8dbev
Had the coroner been called as required there would likely have been a "more thorough photo record."
Meh. It's their job to enforce the law, not abide by it, amirite? Good honorable family men with honest moral fiber are apparently bound only by God's law, not the State's or some shit.
(1g) A sheriff or police chief shall, immediately upon notification under sub. (1) or s. 948.23 (1) (b) of a death, notify the coroner or the medical examiner, and the coroner or medical examiner of the county where death took place, if the crime, injury, or event occurred in another county, shall immediately report the death to the coroner or medical examiner of that county.
I hate that I pay taxes to help keep these clowns employed.
[–] Refukulator
It's their job to enforce the law, not abide by it
Good one.
[–] harmoni-pet
Where did they break the law then? Why were there no charges pressed?
Forgetting to take photos of bones isn't a crime to my knowledge. They didn't even know if the bones were human when they called Crime Lab to sift through the burn pit. In hindsight we know that they should have called the coroner because they turned out to be Teresa's. But at the time, they were collecting bones as evidence while simultaneously searching for Teresa's body.
[–] kaprikorny
but you would think with such a huge conflict of interest they would have documented EVERYTHING! Better to have evidence of nothing than to NOT have evidence of something.
[–] nothinbuttherain
Sure, they didn't know. That's why you photograph the hell out of it - because you don't know. You can't say "well, we'll just put them back and take pictures now that we know this is significant."
As to why no charges were filed, I think it's pretty clear that those folks ain't charging each other with anything. And you could very well be right that unless it could be proven it was intentionally omitted it's not an actionable offense. That doesn't mean it's not wrong and sloppy.
[–] skatoulaki
This is one of the biggest WTF parts of this case to me. I can't think about LEOs planting evidence - the blood, the key - because it's just too egregious for me to even consider...but the burn pit processing completely blows my mind. If these guys, who are supposed to be professionals, who were "worthy" enough to receive awards for their handling of this case, are examples of award-winning investigators, then we have all lost.
You can't even say, "dude, you watch too much CSI...that's not how they process this kinda thing" because actually, what should have been done here - photos, coroner, forensic anthropologist, flagging or a grid - that is basic crime scene investigation. Basic. And they fucked it up.
[–] pm_a_surprise
And no rubber residue on the bones from a ten tire fire? But police plant evidence. I know it's difficult to accept for some. But it is a reality that there are bad cops and bad das. To think otherwise, is honestly, juvenile. It's to believe what we were taught in grade school about people in authority. Don't question.
[–] skatoulaki
Right? And the bone fragments that were "intertwined" with the steel belt wires. Really? Where? Do you have a photo? No? Oh, we just have to take your word for it? That's not how this works!
[–] pm_a_surprise
Exactly! So many things about this case we have to take their words for. And so many of them have been shown to be dishonest in some way.
[–] hos_gotta_eat_too
Steven Avery had 18 years to think about bad cops.
[–] s_wardy_s
The bones and the lack of fire pit photo and residue evidence are the smoking gun. The planted key, rav4, SA blood in rav4, and the bullet are all just accessory to the dumb founded clues which all point to LE and in particular Lenk and Colborn as suspect. But the bones? are we led to believe SA burned TA and then collected her bones and neatly placed them in an evidence box, and delivered them to the county evidence locker. The first photo evidence of said bones are photos of bones in a box.
[–] AlpineBlues
These friggin people. They have no conscience left. You look at them in the courtroom, you can see they are like robot wreckers of lives. Watching them sweet talk Dassey with something that resembled fatherly love, right into his own destruction.
We would be doing them and the country a huge favor if we put them behind bars. Nothing short of a lengthy sentence would help them self reflect enough to see just how evil and destructive they have become.
Help them Zellner.
[–] MnAtty
God what a mess.
[–] Classic_Griswald
Yeah, they had a coroner ready to go with a proper team to process it. Instead mail it to the lady out of town....
Total 'we didn't mean to', especially when 2 county officials called the coroner to warn her to stay away.
[–] bluskyelin4me
What is beyond crazy is in a hearing on a pretrial motion, Factbender testified that in homicide investigations they "always used the Crime Lab" to process the scene. That, my fellow redditors, would be called perjury if he wasn't a law enforcement officer. "Come on...be honest ya gotta be honest... we can't help you if you're not honest..."
[–] innocens
These two should be under more scrutiny.
Who called them? What did they ask them to do?
[–] leiluhotnot
LE clearly destroyed their own smoking gun, slam dunk, gotcha evidence.
This was all about planting evidence, not about securing, or quality of the evidence. The jury just has to hear bones found next to Steven Avery trailer.
[–] Philly005
The bones were the one piece of evidence that would have been a dead giveaway to planting if photographed and handled correctly. It's no coincidence this was the one thing that was botched /mishandled/not photographed.
This to me is the smoking gun, and the bones should have never been allowed by the judge due to the obvious failure in procedure.
[–] hos_gotta_eat_too
10 to 1 says this email exchange alone is enough to have the bones thrown out as evidence.
[–] OpenMind4U 3
IMO, the funniest part is that these questions (with great concern) have been asked by Fassbender, himself /s
[–] AlpineBlues
Yeah. Nail him Fassbender. You moron.
[–] leiluhotnot
So we, the judiciary and law enforcement (LE) are left to judge and choose between LE corruption and releasing a guilty Steven Avery. Evidence ruined, so the question would always nag. Are we releasing a guilty man. Hopefully Zellner can put us at ease.
[–] HuNuWutWen
The absence of verifiable chain of custody documentation and photographic records, for the Avery burn pit and everything allegedly collected from it, renders that box of bones inadmissible, imo.
At least, there is a very strong argument to be made that the State has failed it's responsibility to reasonably handle the evidence, thereby making it impossible to verify the origin of the evidence. We simply don't know, and can't say, where it came from...nor can anyone on site...
The State cannot testify that specific bones in a specific box were collected from that general area, let alone where at the site they might have been specifically collected from, in fact they claim to not even know what they were handling, so even more reason to grid/contamination path/photo/log...but no...oops?
I see the nonsensical "excuse" that investigators on scene didn't "know" what they were scooping up with shovels...so...just kept on diggin'?...is that it?...
they had no fuckin' idea what they were lookin' for...
yet the entire area was cordoned off with crime scene tape?...warrants were in force?...and NONE of these fully trained/experienced crime scene investigators could follow the most basic SOP?...what is this, the fuckin' X-Files?....MULDER !!!
the reason it looks fucked up is because the cops fucked it up on purpose, so spare me the bullshit...Thanks.
[–] renaecharles
Makes perfect sense that they didnt take photos as the scene had already been tampered with- per Ertl's response. When a scene has been disturbed and they take pictures of the scene they can and probably will be used in a trial and if they are not photographed as they were found it could misrepresent the evidence; then the lab would be a secondary to evidence tampering. Fassbender had to know this from previous experience in cases but needed someone to blame for not documenting the scene correctly. He shot it back to him.
[–] DominantChord
Yeah, it is one of my favorite e-mails. I have been saying many times that this is probably one of the only instances where an official is critical towards another official.
He is essentially saying to Fassbender that he and his people fucked up his (Ertl's) ability to do a proper job.
