Just going by the brief. Should I stop if this was covered here?
Post Conviction Brief
- Thread starter missy1974
- Start date
Just going by the brief. Should I stop if this was covered here?
missy1974
Well-Known Member
- Joined
- Aug 19, 2008
- Messages
- 10,142
- Reaction score
- 31,356
oh I was trying to read in order... but I jumped ahead! LOL
**** Ms. Halbach called the Zipperers' landline at
2: 12 p.m. (Trial Exhibits 361 and 362) to tell them that she was having difficulty
finding their house, so she was proceed to her next appointment but would return
2:35 p.m. Mr. Avery called Ms. Halbach (Trial Exhibit 360) because he realized,
after quickly flipping tlu
·ough the AutoTrader magazine, that AutoTrader also
advertised front-loaders and Mr. Avery wanted to sell one of his front-loaders. Mr.
Avery called Ms. Halbach at 2:35 p.m. to request that she return to the Avery
property to photograph his front-loader. He terminated the call before it connected
because he wanted to go and see Bobby but discovered that Bobby was not home.
(Affidavit of Steven Avery, P-C Exhibit 4).
BigCityAccountant
Well-Known Member
- Joined
- Nov 21, 2015
- Messages
- 3,436
- Reaction score
- 247
Either way is fine...Just thought since you were new that you might not have come across that info yet.
missy1974
Well-Known Member
- Joined
- Aug 19, 2008
- Messages
- 10,142
- Reaction score
- 31,356
nope... keep posting... I don't have the time to read all of this right now, so reading the posts is helping me jump around for now
BigCityAccountant
Well-Known Member
- Joined
- Nov 21, 2015
- Messages
- 3,436
- Reaction score
- 247
WOW~~~went to Avery's then to Zipperer's.
Either way is fine...Just thought since you were new that you might not have come across that info yet.
New here yes, not new to the case, I followed it on reddit
.Page 128
Metz affidavit was misrepresented in trial...
He is ex fire fighter and would have specifically noted human remains burning and not a foul oder also days were not correct on when he determined fire. Fire also exaggerated from his affidavit.
Metz affidavit was misrepresented in trial...
He is ex fire fighter and would have specifically noted human remains burning and not a foul oder also days were not correct on when he determined fire. Fire also exaggerated from his affidavit.
BigCityAccountant
Well-Known Member
- Joined
- Nov 21, 2015
- Messages
- 3,436
- Reaction score
- 247
Scent tracking dogs...
Scent tracking dogs gave trained alerts in the wooded area south of the Kuss Road cul-de-sac and between Mr. Avery's trailer and the Kuss Road cul-de-sac. (Sent and Cadaver Dogs Reports, P-C Group Exhibit 46, STATE 43, 45-46). Some of the scent tracking dogs deployed in the search for Ms. Halbach were trained to detect decomposing human remains. These dogs are trained to give alerts when they smell human blood or other decomposing tissue. (TT:2/16: 17). The other scent tracking dogs deployed to the Avery property were trained to follow the scent of a living person when given an exemplar scent, e.g., the insole of a shoe belonging to Ms. Halbach, as was used in this case. The live scent tracking dogs' alerts establish that Ms. Halbach's vehicle, with her body still inside, was driven between Kuss Road and Mr. Avery's trailer and was in the wooded area south of the Kuss Road cul-de-sac. A human remains detection dog gave a trained alert in the wooded area south of the Kuss Road cul-de-sac, where a suspected burial site was discovered. Many dogs converged on this suspected burial site. A shallow ditch had been dug wherein plastic similar to a tarp was discovered. Sgt. Colborn persuaded everyone it was not a burial site, but no evidence supported that conclusion. Other scent tracking dogs led their handlers through the Radandt Pit, traveling from the place Ms. Halbach' s RAV-4 was discovered to Jambo Creek Road, where a new witness observed a vehicle matching the description of Ms. Halbach's enter the Radandt and Manitowoc County Pits prior to its discovery on November 5, 2005. (Scent and Cadaver Dogs Reports, P-C Group Exhibit 46) ("11/7/05 WSCL Report regarding Suspected Burial Site," attached and incorporated
herein as P-C Exhibit 82).
Scent tracking dogs gave trained alerts in the wooded area south of the Kuss Road cul-de-sac and between Mr. Avery's trailer and the Kuss Road cul-de-sac. (Sent and Cadaver Dogs Reports, P-C Group Exhibit 46, STATE 43, 45-46). Some of the scent tracking dogs deployed in the search for Ms. Halbach were trained to detect decomposing human remains. These dogs are trained to give alerts when they smell human blood or other decomposing tissue. (TT:2/16: 17). The other scent tracking dogs deployed to the Avery property were trained to follow the scent of a living person when given an exemplar scent, e.g., the insole of a shoe belonging to Ms. Halbach, as was used in this case. The live scent tracking dogs' alerts establish that Ms. Halbach's vehicle, with her body still inside, was driven between Kuss Road and Mr. Avery's trailer and was in the wooded area south of the Kuss Road cul-de-sac. A human remains detection dog gave a trained alert in the wooded area south of the Kuss Road cul-de-sac, where a suspected burial site was discovered. Many dogs converged on this suspected burial site. A shallow ditch had been dug wherein plastic similar to a tarp was discovered. Sgt. Colborn persuaded everyone it was not a burial site, but no evidence supported that conclusion. Other scent tracking dogs led their handlers through the Radandt Pit, traveling from the place Ms. Halbach' s RAV-4 was discovered to Jambo Creek Road, where a new witness observed a vehicle matching the description of Ms. Halbach's enter the Radandt and Manitowoc County Pits prior to its discovery on November 5, 2005. (Scent and Cadaver Dogs Reports, P-C Group Exhibit 46) ("11/7/05 WSCL Report regarding Suspected Burial Site," attached and incorporated
herein as P-C Exhibit 82).
Dogs didn't hit on SA pit...
Between November 5 and November 8, 2005, there were numerous opportunities for
cadaver and scent dogs to discover the bones in the fire pit of Mr. Avery if they were indeed present there from the time Mr. Avery left the property early in the morning on November 5 to go to the family cabin in Crivitz. (Affidavit of Steven Avery, P-C Exhibit 4, iJ 30).
Between November 5 and November 8, 2005, there were numerous opportunities for
cadaver and scent dogs to discover the bones in the fire pit of Mr. Avery if they were indeed present there from the time Mr. Avery left the property early in the morning on November 5 to go to the family cabin in Crivitz. (Affidavit of Steven Avery, P-C Exhibit 4, iJ 30).
BigCityAccountant
Well-Known Member
- Joined
- Nov 21, 2015
- Messages
- 3,436
- Reaction score
- 247
BOMBSHELL~~~
The killer returned to the Avery property with Sgt. Colborn in the evening on November 4, 2005, under the pretense of helping Sgt. Colborn search for Ms. Halbach's vehicle.
His words "It's hers," shouted out when he looked in the vehicle and clearly recognized her personal effects, established that he was a close friend of Ms. Halbach. Sgt. Colborn called MCSD dispatch to confirm Ms. Halbach's license plate number.
The headlights were from Sgt. Colborn's personal vehicle and he had a friend of Ms. Halbach with him to search the A very property without a search warrant because he did not have probable cause to be on the A very property at that point in time.
The killer returned to the Avery property with Sgt. Colborn in the evening on November 4, 2005, under the pretense of helping Sgt. Colborn search for Ms. Halbach's vehicle.
His words "It's hers," shouted out when he looked in the vehicle and clearly recognized her personal effects, established that he was a close friend of Ms. Halbach. Sgt. Colborn called MCSD dispatch to confirm Ms. Halbach's license plate number.
The headlights were from Sgt. Colborn's personal vehicle and he had a friend of Ms. Halbach with him to search the A very property without a search warrant because he did not have probable cause to be on the A very property at that point in time.
Brady Violations...
Investigators withheld Zippier CD with voicemail Page 133. CD is missing.
Clearly, the destruction and/or concealment of Ms. Halbach's voicemail to the Zipperers' leads to the reasonable conclusion that her voicemail refuted Mr. Kratz's timeline and so it was concealed from trial defense counsel.
299. Investigators concealed the voicemail left by Ms. Halbach on the Zipperers' answering machine because it refuted their theory that Ms. Halbach's final appointment was Mr. Avery.
Investigators withheld Zippier CD with voicemail Page 133. CD is missing.
Clearly, the destruction and/or concealment of Ms. Halbach's voicemail to the Zipperers' leads to the reasonable conclusion that her voicemail refuted Mr. Kratz's timeline and so it was concealed from trial defense counsel.
299. Investigators concealed the voicemail left by Ms. Halbach on the Zipperers' answering machine because it refuted their theory that Ms. Halbach's final appointment was Mr. Avery.
missy1974
Well-Known Member
- Joined
- Aug 19, 2008
- Messages
- 10,142
- Reaction score
- 31,356
I just read this too! I wonder how they know about it then? LOL
Mr. Siebert'sdaughter, Vicki Siebert ("Ms. Siebert"), called Manitowoc County dispatch to report the activity observed by Mr. Siebert. (Trial exhibit 218, Track 27). Suspiciously, the
recording of this call was not turned over to trial defense counsel.
Amount of gas was concealed page 135...
Assuming Ms. Halbach paid $2.48 per gallon of fuel on October 29, 2005, she would have spent $37.94 to fill her tank to capacity. It is reasonable to conclude that Ms. Halbach completely filled her gas tank on October 29, 2005. Mr. Fallon has confirmed on April 20, 2017, that the State failed to determine and document the gas level remaining in Ms. Halbach's vehicle when it was discovered on the Avery's property. (4/20/17 Letter from AAG Thomas Fallon, P-C Exhibit 25). Clearly, the State did not want the mileage revealed because it would have completely refuted its theory that Ms. Halbach was killed on the Avery property and demonstrated that Ms. Halbach and her car were driven many more miles after she left the Avery property.
Assuming Ms. Halbach paid $2.48 per gallon of fuel on October 29, 2005, she would have spent $37.94 to fill her tank to capacity. It is reasonable to conclude that Ms. Halbach completely filled her gas tank on October 29, 2005. Mr. Fallon has confirmed on April 20, 2017, that the State failed to determine and document the gas level remaining in Ms. Halbach's vehicle when it was discovered on the Avery's property. (4/20/17 Letter from AAG Thomas Fallon, P-C Exhibit 25). Clearly, the State did not want the mileage revealed because it would have completely refuted its theory that Ms. Halbach was killed on the Avery property and demonstrated that Ms. Halbach and her car were driven many more miles after she left the Avery property.
missy1974
Well-Known Member
- Joined
- Aug 19, 2008
- Messages
- 10,142
- Reaction score
- 31,356
wow...
Mr.
Fallon confirmed in a letter to current post-conviction counsel on April 20, 2017, that
neither Calumet nor the Manitowoc Sheriffs Departments have been able to locate the CD
of Ms. Halbach's voicemail left on the Zipperer answering machine. (4/20/2017 Letter from~ AAG Thomas Fallon, P-C Exhibit 25).
BigCityAccountant
Well-Known Member
- Joined
- Nov 21, 2015
- Messages
- 3,436
- Reaction score
- 247
OMG~~~~
Realizing such a call would be recorded, Sgt. Colborn removed the license plates from Ms. Halbach's vehicle to conceal that he had actually located the vehicle at the point in time when he made the call about the license plate.
Oh boy Oh Boy~~Colborn's in BIG BIG TROUBLE!!!!
Realizing such a call would be recorded, Sgt. Colborn removed the license plates from Ms. Halbach's vehicle to conceal that he had actually located the vehicle at the point in time when he made the call about the license plate.
Oh boy Oh Boy~~Colborn's in BIG BIG TROUBLE!!!!
Page 142
Bullet contained fragments of wood, something red unidentified but not blood, possibly paint deposited AFTER bullet fired. Wax present which is consistent from experts testing the bullets used to hold the bullet, red/black/white fibers present.
Bullet contained fragments of wood, something red unidentified but not blood, possibly paint deposited AFTER bullet fired. Wax present which is consistent from experts testing the bullets used to hold the bullet, red/black/white fibers present.
DNASolves
Staff online
-
TriciaManager Websleuths.com
Online statistics
- Members online
- 252
- Guests online
- 2,141
- Total visitors
- 2,393