Additional document(s) released and
this one was a Motion In Limine to admit statements made by Avery and Barb Janda.
Supports the contention made that Avery was calling the shots behind bars in various conversations to his family members. Also removes any doubt of a bonfire occurring the night of Oct 31.
II. STATEMENTS BY STEVEN AVERY AND BARB JANDA
First, these Statements are in furtherance of the conspiracy to cover up the crime of first degree murder and constitute attempts to intimidate a witness under Wis. Stat. § 940.43(4) and which may include an attempt to suborn perjury. Second, all of this behavior on behalf of Steven Avery and Barb Janda constitute other acts of both Janda and Avery which fully explain the defendant's recantation and which refute the defense of "false confession." Third, such statements are offered for the subsequent effect of them on the "listener" Brendan Dassey. Lastly, these statements constitute information utilized and relied upon by the expert witnesses in this case.
A. The October 31, 2005, 5:36 p.m. statements in a recorded telephone call from Jodi Stachowski to Steven Avery.
B. The
October 31, 2005, 8:57 p.m. statements in a recorded telephone call from Jodi Stachowski to Steven Avery,
advising that Brendan was helping clean up at Steven Avery's.
C. The
November 18, 2005, 6:57 p.m. the statements in a recorded telephone call from Steven Avery to Barb Janda including but not limited to the discussion regarding whether a bonfire did indeed occur on October 31, 2005, and in which
Barb Janda said there was a fire, to which Steven Avery replied, "Well then Brendan was with me." This is also a statement of a present sense impression.
D. The
November 26, 2005 recorded telephone call from Steven Avery to CA, a news reporter for the Associated Press, during which
Steven Avery acknowledges having a bonfire on October 31, 2005, and that his nephew Brendan was present.
E. The
February 4, 2006, interview of Steven Avery with AL, WFRV Green Bay, wherein
Steven Avery acknowledges having a bonfire on October 31 and that his nephew Brendan was present.
F. The
February 27, 2006, statement in a recorded telephone call from Steven Avery to his brother Charles Avery
telling his brother to tell his sister Barb to call the Public Defender's Office so Brendan won't make anymore statements to police.
G. The
February 28, 2006, statements in a recorded telephone call from Steven Avery to Charles Avery wherein
Steven Avery tells Charles Avery that "Brendan will go to jail if I'm found guilty."
H. The
February 28, 2006, statements in a recorded telephone call from Steven Avery to Dolores Avery from the jail regarding a fire on October 31, 2005, between 6:00 and 9:00 p.m. wherein
Steven Avery jokes with his mother about Brendan seeing body parts in a fire, particularly legs in a fire.
I. The
March 2, 2006, statements in a recorded telephone call from Steven Avery to Dolores Avery and Barb Janda in which
Steven Avery told Dolores Avery that it was Barb's fault for letting Brendan talk to the cops.
J. The
March 9, 2006, statements in a recorded telephone call from Steven Avery to Dolores Avery and Barb Janda wherein
Steven Avery told Dolores and Barb to call Brendan's lawyer and say that the police forced Brendan to say it.
K. The
March 13, 2006, statements in a recorded telephone call from Steven Avery to Jodi Stachowski where
Steven tells her that Brendan needs to stick to his first story.
