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  1. #1
    shadowraiths's Avatar
    shadowraiths is offline LISK Liaison, Verified Forensic Psychology Specialist, infoSec Architect
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    Inmate statements regarding Steven Avery's alleged plans: How important are they?

    The statements of the inmates, in the Kratz' motion to allow them as witnesses, while barring defenses motion to raise SA's wrongful conviction, was not put forth at trial.

    So, this is more of a speculation thread, than anything else.

    Importantly, this information was announced to the media. Though, as it turns out, the prosecution had three, not one, inmates who claimed SA planned to "abduct, rape, torture, and kill" women when he was released. Per the aforementioned document:

    1. Jesse Werlein -- statements that the defendant had drawn up plans for a "torlure chamber", indicating his intent, upon being released from prison, to abduct, rape, torlure, and kili young women. Mr. Werlein provides details as to the defendant's drawings and statements.

    2. Anthony Myers -- discussed r,vith Steven Avery "bondage" and tying women up, including the defendant produced diagrams of horv to bind women, demonstrating dominance and anger tor,vards women.

    3. Danial Luedke -- who engaged in conversations with the defendant and received information from Avery including, "the way to get rid of a body was to burn them".

    [emphasis added, mine]

    That said, I admittedly have mixed feelings regarding inmate statements, simply bc they have motive to tell fibs (e.g, shorter sentence, parole, etc). Even if their statements were true, I cannot see how such wouldn't fall under hearsay. That I know, last utterances and/or excited utterances, are the only exclusions to the hearsay laws.

    Someone who is an attorney (I am not), is more than welcome to correct/clarify.

    Ignoring the hearsay, etcetera, if their statements were true, does such play a role wrt people's belief that SA innocent? Why or why not?



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  2. #2
    I think its a bunch of hearsay by inmates jealous they were still in prison and SA was exonerated. Cause you know No one in prison is guilty, laughs. at least I have heard that saying before. But I suppose I should look into the background of those prisoners and their crimes, Maybe those statements are statements they said to SA in prison.

    JMO

  3. #3
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    Do we have any information if they were given anything for their statements?

    I don't know what to think about any statements from his old buddies. Were they said? Are they made up? How were they questioned? Was it a BD type interrogation? (we'll give you the answers we want, you just need to agree) Who talked to these inmates? lots of questions.

  4. #4
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    I view the inmates' statements as I do the interrogation statements from BD. All fiction ...

    DEFENDANT IS A LIAR + DEFENDANT'S KID GOES MISSING + DEFENDANT REPORTS KID MISSING AFTER 31 DAYS + KID IS FOUND DEAD = DEFENDANT KILLED KID

  5. #5
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    I have done a bit of research on these inmates:

    Jesse Werlein: Attempted first degree murder of Gary Sol in 1985. The wife (Deborah Sol) was also convicted. Sol's defense claimed Werlein was infatuated with her and did the shooting on his own accord because he thought he was doing her a favour. It's also claimed he lived in a fantasy world and psychiatric testimony states he has "an anti-social personality disorder". I also read he was granted a new trial in 2012 but I haven't seen anything about the new trial. He was 22 years old at the time of his sentencing in 1985.

    Sources:
    https://news.google.com/newspapers?n...,2260115&hl=en
    http://law.justia.com/cases/wisconsi...0470-cr-5.html

    Anthony Myers: The only person I can find is an Anthony Meyers. Convicted of first degree intentional homicide in 2009 of his mothers partner, Shon Potshaider. He had stabbed Potshaider and Potshaider later died in hospital. He is serving a 30 year sentence. He was 19 at the time. However since he was charged in 2009 I doubt it's him but I can't find an "Anthony Meyers" from WI. I found an Anthony Myers from FL but I don't think it's him either because he was sentenced in 2011

    Sources:
    http://www.wsaw.com/news/sunrise7/he.../42953597.html
    http://fox11online.com/news/crime/ap...-homicide-case

    ETA: I have found an Anthony Myers from SC who was convicted in 1998 of murder but since it's SC and not WI I don't know what to think.

    Daniel Ludke: The only thing I can find is an appeal from 2001 where it says he impersonated a police officer.

    Sources: https://www.wicourts.gov/ca/opinion/...tml&seqNo=3010

    So make of it what you will, I really doubt Anthony Meyers is the right guy but I find it very interesting two of them have appealed their sentences and have been granted a retrial.

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    Unreliable witnesses.

  7. #7
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    I tend to believe there is some truth to their statements. Although I do think that prisoners will be inclined to say almost anything if they think it will benefit them, being seen as a prison snitch generally doesn't bode well for them. Most times when you have inmates ratting out other inmates, it's when those guys are in jail awaiting trials and sentencing and not after they've been in prison for years already convicted of their crimes. It's a lot easier to ask for a lighter sentence in your case if you agree to testify against your cellmate when you haven't yet been sentenced then asking that you be resentenced for a crime you committed many, many years ago.

    If an inmate claims his cellmate told him about a crime he committed that generally is allowed in as testimony in the trial. That's the defendant directly telling him something.

    I understand the logic that prison inmates do not make reliable witnesses and since Stephen Avery is also a prison inmate (three times over), I apply that same skepticism to anything he says as well. It's really hard to believe almost anyone in this whole mess.

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    I just wonder if these guys had an axe to grind with Avery. What was the reason for their coming forward with this information?

  9. #9
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    Quote Originally Posted by galaxygal View Post
    I just wonder if these guys had an axe to grind with Avery. What was the reason for their coming forward with this information?
    I wonder more about what they would have gained from testifying. We might not ever know though, since they never did.

  10. #10
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    Quote Originally Posted by hoshizora View Post
    I have done a bit of research on these inmates:

    Jesse Werlein: Attempted first degree murder of Gary Sol in 1985. The wife (Deborah Sol) was also convicted. Sol's defense claimed Werlein was infatuated with her and did the shooting on his own accord because he thought he was doing her a favour. It's also claimed he lived in a fantasy world and psychiatric testimony states he has "an anti-social personality disorder". I also read he was granted a new trial in 2012 but I haven't seen anything about the new trial. He was 22 years old at the time of his sentencing in 1985.

    Sources:
    https://news.google.com/newspapers?n...,2260115&hl=en
    http://law.justia.com/cases/wisconsi...0470-cr-5.html

    Anthony Myers: The only person I can find is an Anthony Meyers. Convicted of first degree intentional homicide in 2009 of his mothers partner, Shon Potshaider. He had stabbed Potshaider and Potshaider later died in hospital. He is serving a 30 year sentence. He was 19 at the time. However since he was charged in 2009 I doubt it's him but I can't find an "Anthony Meyers" from WI. I found an Anthony Myers from FL but I don't think it's him either because he was sentenced in 2011

    Sources:
    http://www.wsaw.com/news/sunrise7/he.../42953597.html
    http://fox11online.com/news/crime/ap...-homicide-case

    ETA: I have found an Anthony Myers from SC who was convicted in 1998 of murder but since it's SC and not WI I don't know what to think.

    Daniel Ludke: The only thing I can find is an appeal from 2001 where it says he impersonated a police officer.

    Sources: https://www.wicourts.gov/ca/opinion/...tml&seqNo=3010

    So make of it what you will, I really doubt Anthony Meyers is the right guy but I find it very interesting two of them have appealed their sentences and have been granted a retrial.
    Werlein won a new trial in 1987 and Luedke impersonated a peace officer, not a police officer for which he was sentenced for 5 years.

    Sent from my SM-N910G using Tapatalk


  11. #11
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    I tend to disregard the inmates.

  12. #12
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    Quote Originally Posted by Limaes View Post
    Werlein won a new trial in 1987 and Luedke impersonated a peace officer, not a police officer for which he was sentenced for 5 years.

    Sent from my SM-N910G using Tapatalk
    Isn't a peace officer and police officer the same thing?

    Luedke sure doesn't seem to be in for a violent crime so I don't know what incentive he would have to lie and all three saying practically the same thing doesn't makes sense they are all lying either, imo.

    I have always felt he premeditated this while in prison due to being convicted of a rape he didn't commit. Imo, he thought society owed him since he had already done time for it. So these three witnesses saying the same thing doesn't surprise me.

    Luedke was charged with two counts of impersonating a peace officer, as a felony, for allegedly making about ten telephone calls to various police departments, identifying himself as a law enforcement officer , and describing a situation where police help was required. Luedke entered a guilty plea and was sentenced to five years in prison on count one and a consecutive three-year term of probation on count two. Shortly thereafter, Luedke moved to withdraw his plea on the grounds that it was not knowingly, intelligently, and voluntarily entered. The trial court denied the motion.
    "Pardon Our Noise, It's the Sound of Freedom" USMC New River Air Station, Jacksonville, North Carolina

  13. #13
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    Quote Originally Posted by oceanblueeyes View Post
    Isn't a peace officer and police officer the same thing?

    Luedke sure doesn't seem to be in for a violent crime so I don't know what incentive he would have to lie and all three saying practically the same thing doesn't makes sense they are all lying either, imo.

    I have always felt he premeditated this while in prison due to being convicted of a rape he didn't commit. Imo, he thought society owed him since he had already done time for it. So these three witnesses saying the same thing doesn't surprise me.

    Luedke was charged with two counts of impersonating a peace officer, as a felony, for allegedly making about ten telephone calls to various police departments, identifying himself as a law enforcement officer , and describing a situation where police help was required. Luedke entered a guilty plea and was sentenced to five years in prison on count one and a consecutive three-year term of probation on count two. Shortly thereafter, Luedke moved to withdraw his plea on the grounds that it was not knowingly, intelligently, and voluntarily entered. The trial court denied the motion.
    Hi OCB, I wouldn't have a clue if they're the same thing in the U.S. Where I live, only sworn Police Officers have powers of arrest. I was just going by what the judge says at this link. He says Police Officer and then corrects himself, so I am still none the wiser. Lol

    https://www.wicourts.gov/ca/opinion/...tml&seqNo=3010

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  14. #14
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    Thanks for clarifying about the retrial in 1987. Although I was more so going off the paragraph that oceanblueeyes is bringing up about impersonating LE.

  15. #15
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    I'm pre-disposed to take any inmate statement with a HUGE pinch of salt, purely because they're really not reliable witnesses.

    The two important questions for me are:

    > Did these 3 men know one another, or did they encounter SA at different points in his incarceration? The statements would have more weight for me if they were truly independent of one another.
    and
    > Did they come forward of their own accord to volunteer that information or were they approached by somebody looking to dig some dirt on SA?

    My personal opinion, based on what we know :
    Guilty or innocent of TH's murder, there are enough suggestions of SA having a sexually domineering attitude to the opposite sex that it wouldn't seem out of character if he had been entertaining violent fantasies about women while he was in prison.
    So yes, those statements do have a ring of credibility about them to me. However, I'm also sure that lots of inmates foster various fantasies when they're inside (good and bad) that they never follow through on after their release . . . so even if true, I'm not sure how much they strengthen the case against him.

    A more speculative personal opinion :
    I don't believe that SA is disciplined, intelligent or organised enough to have specifically pre-planned TH's murder days or weeks in advance.
    I do believe that he's most likely guilty, however, I see it more as a more impulsive crime when he was presented with the opportunity to live out his fantasy in the belief that he could get away with it.
    Sarah

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