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  1. #31
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    Same article...

    "Because the State did not need to establish motive, it did not spend any time trying to figure out why Ms. Halbach was murdered," Zellner wrote. "Both Mr. Avery and Ms. Halbach are victims of a justice system whose success depends upon the integrity, competence and devotion of judges, law enforcement, prosecutors, and defense attorneys. Both Ms. Halbach and Mr. Avery have yet to receive justice."

    LOL~~~Gotta love this one...

    Zellner called Kratz's theory of the case "one of the most preposterous tales ever spun in an American courtroom."
    Pedant here, please share your sources. TIA

  2. #32
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    http://www.kathleentzellner.com

    COMPLETE BRIEF

    https://static1.squarespace.com/stat...ion+Relief.pdf

    ETA - Ok sorry not the full brief I got a little excited,
    Last edited by LaneGirl; 06-07-2017 at 06:47 PM.

  3. #33
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    Zellner has posted it online...

    http://www.kathleentzellner.com/steven-avery/

    Happy reading all!!!

    ETA: I guess it's only 220 pages... but it's a start.. LOL
    Last edited by missy1974; 06-07-2017 at 06:40 PM.

  4. #34
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    From the above...

    If Ms. Hagopian and Ms. Akins had hired a DNA expert such as current post-conviction counsel's expert Dr. Reich, the DNA expert would have conducted a number of 194 experiments to demonstrate that it is highly improbable that Mr. A very would have been able to leave a full DNA profile on the hood latch by simply opening the hood as Mr. Kratz alleged to the jury in his closing argument.
    Pedant here, please share your sources. TIA

  5. #35
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    Also from the above...

    A competent investigator would have discovered Mr. Siebert, who witnessed the RAV-4 being brought onto the property prior to November 5, 2005.
    Pedant here, please share your sources. TIA

  6. #36
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    Again from the above...
    Current post-conviction counsel found a letter dated May 4, 2008 and received by the State Public Defender Madison Office on June 20, 2008 from an im11ate Bobby Don Salas ("Mr. Salas"), im11ate number 420573. Remarkably, Mr. Salas suggested that Mr. Avery get a blood spatter expert, DNA expert on the key to determine the source of the DNA, and "brain fingerprint" testing. This letter was forwarded to Ms. Hagopian and was ignored by her.
    Pedant here, please share your sources. TIA

  7. #37
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    .and....

    Ms. Hagopian and Ms. Askins should have interviewed Mr. Avery to learn that the source of his blood that was planted in the RAV -4 came from his trailer sink, his observation of the RAV-4 being driven up to his property on November 3, 2005. and his description of the groin swabs taken from him and concealed by Inv. Weigert.
    Pedant here, please share your sources. TIA

  8. #38
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    She really goes after Kratz and his "theory"

    With the hubris of a novice writer, Mr. Kratz, in a desperate effort to connect Mr. A very
    to Ms. Halbach's murder, has Mr. Avery, the idiot, hide Ms. Halbach's sub-key in his bookcase
    so he can start the engine as a necessary prerequisite to crushing the vehicle. However, Mr.
    Avery, the savant, knows that a key is totally unnecessary to crush a vehicle because it can be
    picked up with a front-loader and placed in the car crusher. In another illogical plot twist, Mr.
    Avery, the idiot, removes Ms. Halbach's DNA from the key but uses his own toothbrush to plant
    an abundance of his DNA on the key before hiding it in his bookcase.

    BBM above... novice writer... a dig at his book? LOL

  9. #39
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    Mr. Kratz interjects a little science-fiction into the storyline when he has Mr. Avery, the
    savant, cremate the entire body in his burn pit in a record 3-4 hours without a single family
    member detecting anything. After the body was burned, Mr. Avery, the idiot, left all of the bones
    on top of the ash pile within sight of anyone and within reach of his dog who would ingest bones which would be detected in his stool. Mr. A very, the savant, burned the body in his burn pit in world-record time of 3-4 hours to a point where 60 percent of the bones completely disappeared and all but two teeth evaporated. Mr. A very, the idiot, picked out some of the larger bones and moved them to his sister's burn barrel and the Manitowoc gravel pit.

  10. #40
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    in regards to defense counsel...

    Trial defense
    counsel claimed evidence was planted but failed miserably in proving that assertion by lacking
    experts in bloodstain pattern analysis, DNA, ballistics, forensic fire, trace, forensic pathology,
    and police procedure and investigation. Additionally, trial defense counsel failed to conduct a
    thorough investigation of the victim's background, deleted cell phone calls, potential third party
    suspects, or to construct an accurate timeline of Ms. Halbach and Mr. Avery's activities on
    October 31, 2005.


  11. #41
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    Quote Originally Posted by missy1974 View Post
    She really goes after Kratz and his "theory"

    With the hubris of a novice writer, Mr. Kratz, in a desperate effort to connect Mr. A very
    to Ms. Halbach's murder, has Mr. Avery, the idiot, hide Ms. Halbach's sub-key in his bookcase
    so he can start the engine as a necessary prerequisite to crushing the vehicle. However, Mr.
    Avery, the savant, knows that a key is totally unnecessary to crush a vehicle because it can be
    picked up with a front-loader and placed in the car crusher. In another illogical plot twist, Mr.
    Avery, the idiot, removes Ms. Halbach's DNA from the key but uses his own toothbrush to plant
    an abundance of his DNA on the key before hiding it in his bookcase.

    BBM above... novice writer... a dig at his book? LOL
    So his toothbrush is the source of the DNA found on the key???

    WOW~~oh~~WOW
    Pedant here, please share your sources. TIA

  12. #42
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    Quote Originally Posted by missy1974 View Post
    She really goes after Kratz and his "theory"

    With the hubris of a novice writer, Mr. Kratz, in a desperate effort to connect Mr. A very
    to Ms. Halbach's murder, has Mr. Avery, the idiot, hide Ms. Halbach's sub-key in his bookcase
    so he can start the engine as a necessary prerequisite to crushing the vehicle. However, Mr.
    Avery, the savant, knows that a key is totally unnecessary to crush a vehicle because it can be
    picked up with a front-loader and placed in the car crusher. In another illogical plot twist, Mr.
    Avery, the idiot, removes Ms. Halbach's DNA from the key but uses his own toothbrush to plant
    an abundance of his DNA on the key before hiding it in his bookcase.

    BBM above... novice writer... a dig at his book? LOL

    She sure does!!!

    Due process forbids the State from employing inconsistent and irreconcilable theories to secure convictions against individuals for the same offenses arising from the same event. Smith v. Groose, 205 F.3d 1045, 1048-49 (8th Cir. 2000). While prosecutors are not required to present precisely the same evidence and theories in trials for different defendants, the use of inherently factually contradictory theories violates the principles of due process. Id. at 1052. When no new significant evidence comes to light a prosecutor cannot, in order to convict two defendants at separate trials, offer inconsistent theories and facts regarding the same crime. Thompson, at 120 F.3d 1045, 1058-59.


    In Thompson, the State argued in the defendant's trial that he alone committed a murder, while arguing at a separate defendant's subsequent trial that that defendant committed the same murder. 120 F.3d 1045, 1058-1059 (9th Cir. 1997). The prosecutor in the second trial discredited the evidence he had presented in the first trial. Id. The prosecutor argued different motives, different theories and different facts at both trials. Id. at 1059.

    Such conduct amounted to a due process violation.
    Pedant here, please share your sources. TIA

  13. #43
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    Dr. Palenik from Microtrace Laboratory:

    Dr. Palenik will testify that "there is
    no evidence to indicate that the bullet (Item FL) passed through bone. In fact, the
    particulate evidence that is present strongly suggests an alternate hypothesis, which is
    that the trajectory of the fired bullet took it into a wooden object, possibly a manufactured
    wood product. Furthermore, the presence of red droplets deposited on the bullet suggests
    that the bullet had picked up additional contamination from its environment at some point
    after coming to rest (i.e., droplets of potential red paint or a red liquid)."

    Dr. Palenik
    examined the hood latch swab (Item ID) that allegedly was used to swab the hood latch
    of Ms. Halbach's vehicle and allegedly contained Mr. Avery's DNA. Dr. Palenik has
    concluded, by a series of experiments of the trace materials on the hood latch swab (Item
    ID) that it was never used to swab a hood latch. Dr. Palenik has also examined the
    victim's key (Item C) found in Mr. Avery's bedroom, with his DNA on it, and has
    conducted a trace examination and experiments and has concluded that the victim's key
    (Item C) was not a key used every day by Ms. Halbach.

  14. #44
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    Lucien Haag
    Mr. Haag has conducted a series of
    experiments firing a .22 caliber long rifle through bone to demonstrate that the soft lead
    of a .22 caliber long rifle bullet absorbs bone particles that are detectable by a scanning
    electron microscope. Dr. Palenik examined the control samples submitted by Mr. Haag
    and determined that they did have bone particles embedded in them, even after they were
    washed in a solution in a similar manner to Item FL at the Wisconsin State Crime Lab
    ("WSCL"). Mr. Haag will offer the opinion that damaged bullet (Item FL) would have
    had bone particles embedded in it if it had been shot through bone such as a human skull.

  15. #45
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    Mr. Kratz Engaged in Fraudulent Conduct

    Moreover, Mr. Kratz' s charging Mr. A very without a proper evidentiary basis constituted professional misconduct under a separate ethics rule. As noted, prosecutors cannot file criminal charges without a sufficient legal basis to support those charges. See Wisconsin Rules of Professional Conduct SCR 20:8.4(c) ("professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation"). By charging without a proper factual basis, and then representing inofficial court documents and in his public statements that those charges were validly brought, Mr. Kratz engaged in fraudulent, dishonest, deceitful, and a misleading conduct. (Affidavit of Bennett Gershman, P-C Group Exhibit 96, it 21).
    Pedant here, please share your sources. TIA

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