New Witness Comes Foward

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so one male was 'suspiciously pushing the Rav4 ... ummm ... why would they even submit this

one male pushing a vehicle that weighs how much?
 
LadyL said:
so one male was 'suspiciously pushing the Rav4 ... ummm ... why would they even submit this

one male pushing a vehicle that weighs how much?
Click to expand...
It wasn't one. It was BoD and another 'unidentified' male in his 50s-60s with a long grey beard. He hid behind the door as the witness drove by so he wasn't able to identify who it was.
 
Case 2017AP002288
Motion for Remand and Stay of Appeal
Filed 04-12-2021

https://static1.squarespace.com/sta...12+-+Motion+to+Stay+&+Remand+FILE+STAMPED.pdf

Steven Avery attorney says new witness statements connect nephew to murder

4/12/21

MANITOWOC COUNTY, Wis. (WBAY) - Steven Avery’s attorney says a new witness has come forward alleging he saw Teresa Halbach’s vehicle planted at the Avery Salvage Yard in Manitowoc County after her murder. Attorney Kathleen Zellner says the new evidence points shows Steven Avery’s nephew, Bobby Dassey, was involved in the murder and framing of Avery.

Zellner filed a motion with the Wisconsin Court of Appeals District II asking to stay the appeal so Avery can file a motion disclosing new evidence of what’s known as a Brady violation and to introduce a third-party suspect.

CLICK HERE to read the motion and newly filed affidavit.

Zellner’s filing says Thomas Sowinski, a former driver for Gannett Newspapers, delivered papers to the Avery Salvage Yard in the morning hours of November 5, 2005. In a signed affidavit, Sowinski says he witnessed Bobby Dassey and an older man “suspiciously pushing a dark blue RAV-4 down Avery Road towards the junkyard.”

Sowinski says he delivered papers to the Avery mailbox and turned around toward the exit. He says Bobby Dassey “attempted to step in front of his car to block him from leaving the property.”
 
Zellner is confident the new witness will prove Avery's innocence. "This witness provides the most important evidence in the case to date," she wrote to Newsweek. "He not only discredits the State's star witness he links this person to the murder. The police ignored his tip. Steven would not have been convicted if this evidence had been known."
Lawyer for 'Making a Murderer's Steven Avery reveals 'most important' witness

‘Making a Murderer’ BOMBSHELL motion: Mailman says Brendan Dassey’s BROTHER hid murder victim’s RAV4

Steven Avery: Attorney's filing says witness saw Dassey's brother

Witness saw Avery's nephew, other man pushing Halbach vehicle, new motion claims

As of April 2021, Steven Avery remains in prison for the murder of Theresa Halbach in 2005, as told in the the hit 2015 true crime documentary, Making A Murderer. Avery has always maintained his innocence and believes he was framed by the Manitowoc County Police Department after he sued them for wrongful conviction in another case.
Making A Murderer: What’s The Latest On Steven Avery In 2021?
 
Sowinski also stated that he notified the Manitowoc County Sheriff’s Office at the time of Teresa Halbach’s disappearance, but law enforcement allegedly told him that they “already know who did it.”

Sowinski said he left his number and was assured someone from law enforcement would call him back, but no one ever did, according to the affidavit.

“When he reached the RAV-4, Bobby attempted to step in front of his car to block him from leaving the property. Mr. Sowinski was within 5 feet of Bobby, and his headlights were on Bobby during this entire time. Mr. Sowinski swerved into a shallow ditch to escape Bobby and exit and property.”
‘Making a Murderer’ BOMBSHELL motion: Mailman says Brendan Dassey’s BROTHER hid murder victim’s RAV4
 
guruagain said:
He did, Twice! Once in 2005 but the Police fobbed him off and ignored his statement and again he tried to contact Steve's lawyers (Strang and Buting) at some point after the first series of MAM came out.
Click to expand...

His claim he called police in 2005 is not the least bit credible. His claim he told police he saw Bobby Dassey pushing the vehicle is clearly a lie. The only evidence of him coming forward was in 2016 allegedly after watching Making a Murderer. That is when he emailed Avery's attorneys. The email made clear he had no idea who the person he alleges was pushing the vehicle supposedly was other than it was not Brendan. If in 2016 he was unsure who was pushing it how could he have known in 2005 it was Bobby and could have told such to police?

In that email he was he was unsure of the date but it was sometime between October 31 and November 5.

He claims he called Manitowoc several days after the he saw on the news that the Rav was found. By that point in time Calumet County was handling the investigation and Manitowoc was referring callers to Calumet County. The tapes of calls were requested and have been listened to for several years and his alleged call was not present because it is doubtful it ever happened. In any event calling and saying he saw unidentified males pushing an unidentified vehicle on an unidentified day would have bene totally useless to the police and Avery's defense. It was useless to Avery's defense still in 2016 hence his lawyers never followed up. That is on Avery that is lawyers did not follow up until years later.

It is unclear when he finally decided the person he saw was Bobby Dassey. He saw Bobby Dassey in MAM season I yet when he emailed Avery's lawyers in 2016 still had not decided it was Bobby that he allegedly saw. What exactly prompted him to realize it was Bobby is unclear but it was clearly after 2016 and possibly as late as the end of 2020 when he finally decided such. That precludes him telling police it was Bobby when he was not even sure in 2016.

Moreover, his account of speaking to police changed. He claimed in 2016 they didn't ask for his name or phone number even. Yet in his affidavit he claims he spoke to a female who told him they already know who did but took down his name and number and said police would be in contact but they never called him. He further states in the affidavit that he told her everything written in his affidavit. So his claims changed dramatically. Now suddenly he knows it was Bobby Dassey and told this to police in 2005 though he didn't even know it was Bobby in 2016 and even though police supposedly never took down his name or number now he claims they did. The guy is part of the Avery fan club and not credible at all.
 
Last edited:
mattaculb said:
I don't know if this is the correct place to post this, as I'm really new here. New witness came forward in the case, KZ filed a motion for remand and stay of appeal.

https://static1.squarespace.com/static/55203379e4b08b1328203a7d/t/607493a9f31dc6310c998769/1618252720065/2021.04.12+-+Motion+to+Stay+&+Remand+FILE+STAMPED.pdf

This was linked on her twitter today, and the file is directly from her website.
Click to expand...

This tale is not credible at all and is simply one of many frivolous claims that Zellner is pursuing.

First of all, Halbach's vehicle did not have a dead battery. The battery was charged and able to start the vehicle. Steven Avery disconnected the battery AFTER he drove it to the spot where he hid it. The notion that someone else disconnected the battery and pushed the vehicle to the location instead of driving it is ludicrous.

Moreover, Sowinski's claim he called police in 2005 is not the least bit credible. His claim he told police he saw Bobby Dassey pushing the vehicle is clearly a lie. The only evidence of him coming forward was in 2016 allegedly after watching Making a Murderer. That is when he emailed Avery's attorneys. The email made clear he had no idea who the person he alleges was pushing the vehicle supposedly was other than it was not Brendan. If in 2016 he was unsure who was pushing it how could he have known in 2005 it was Bobby and could have told such to police?

In that email he was he was also unsure of the date claiming it was sometime between October 31 and November 5 tha the saw the vhecile being pushed.

He claims he called Manitowoc several days after the he saw on the news that the Rav was found. By that point in time Calumet County was handling the investigation and Manitowoc was referring callers to Calumet County. The tapes of calls were requested and have been listened to for several years and his alleged call was not present because it is doubtful it ever happened. In any event calling and saying he saw unidentified males pushing an unidentified vehicle on an unidentified day would have bene totally useless to the police and Avery's defense. It was useless to Avery's defense still in 2016 hence his lawyers never followed up. That is on Avery that is lawyers did not follow up until years later. That actually precludes it being used now because it should have been pursued years ago.

It is unclear when he finally decided the person he saw was Bobby Dassey. He saw Bobby Dassey in MAM season 1, yet when he emailed Avery's lawyers in 2016 still had not decided it was Bobby that he allegedly saw. What exactly prompted him to realize it was Bobby is unclear but it was clearly after 2016 and possibly as late as the end of 2020 when he finally decided such. That precludes him telling police it was Bobby when he was not even sure in 2016.

Moreover, his account of speaking to police changed. He claimed in 2016 they didn't ask for his name or phone number even. Yet in his affidavit he claims he spoke to a female who told him they already know who did but took down his name and number and said police would be in contact but they never called him. He further states in the affidavit that he told her everything written in his affidavit. So his claims changed dramatically. Now suddenly he knows it was Bobby Dassey and told this to police in 2005 though he didn't even know it was Bobby in 2016 and even though police supposedly never took down his name or number now he claims they did. The guy is part of the Avery fan club and not credible at all.
 
missy1974 said:
Here is the State's response....
April 16 2021 State's Response to Motion to Stay and Remand

And KZ's response to the State...
April 22 2021 KZ Reply to Motion to Stay and Remand.pdf

I was a little bit skeptical, wondering why he would have waited this long, but I think she vetted him as best she could. I would not be surprised if it's true. Apparently KZ's investigator is 'investigating' the individual that was seen with Bobby.
Click to expand...

The supposed vetting is absurd. The PI never confronted him about his drastic changes in claims form 2016 to 2012 and any reasonable person would actually doubt his story because of that as opposed to finding him credible.
 
scipio_usmc said:
His claim he called police in 2005 is not the least bit credible. His claim he told police he saw Bobby Dassey pushing the vehicle is clearly a lie. The only evidence of him coming forward was in 2016 allegedly after watching Making a Murderer. That is when he emailed Avery's attorneys. The email made clear he had no idea who the person he alleges was pushing the vehicle supposedly was other than it was not Brendan. If in 2016 he was unsure who was pushing it how could he have known in 2005 it was Bobby and could have told such to police?

In that email he was he was unsure of the date but it was sometime between October 31 and November 5.

He claims he called Manitowoc several days after the he saw on the news that the Rav was found. By that point in time Calumet County was handling the investigation and Manitowoc was referring callers to Calumet County. The tapes of calls were requested and have been listened to for several years and his alleged call was not present because it is doubtful it ever happened. In any event calling and saying he saw unidentified males pushing an unidentified vehicle on an unidentified day would have bene totally useless to the police and Avery's defense. It was useless to Avery's defense still in 2016 hence his lawyers never followed up. That is on Avery that is lawyers did not follow up until years later.

It is unclear when he finally decided the person he saw was Bobby Dassey. He saw Bobby Dassey in MAM season I yet when he emailed Avery's lawyers in 2016 still had not decided it was Bobby that he allegedly saw. What exactly prompted him to realize it was Bobby is unclear but it was clearly after 2016 and possibly as late as the end of 2020 when he finally decided such. That precludes him telling police it was Bobby when he was not even sure in 2016.

Moreover, his account of speaking to police changed. He claimed in 2016 they didn't ask for his name or phone number even. Yet in his affidavit he claims he spoke to a female who told him they already know who did but took down his name and number and said police would be in contact but they never called him. He further states in the affidavit that he told her everything written in his affidavit. So his claims changed dramatically. Now suddenly he knows it was Bobby Dassey and told this to police in 2005 though he didn't even know it was Bobby in 2016 and even though police supposedly never took down his name or number now he claims they did. The guy is part of the Avery fan club and not credible at all.
Click to expand...

oh good, some common sense
welcome to WS!
 
missy1974 said:
Here is the State's response....
April 16 2021 State's Response to Motion to Stay and Remand

And KZ's response to the State...
April 22 2021 KZ Reply to Motion to Stay and Remand.pdf

I was a little bit skeptical, wondering why he would have waited this long, but I think she vetted him as best she could. I would not be surprised if it's true. Apparently KZ's investigator is 'investigating' the individual that was seen with Bobby.
Click to expand...

While I personally believe that SA is guilty, I have to agree with his defense in presenting the new information.

I do not think that the witness has a dog in this fight! He had nothing to gain coming forward and just the opposite -- seems more to lose based on attacks to his own character. :eek:

More importantly, I've long believed that Bobby D. testimony failed the sniff test and that his testimony actually distracted any focus on himself. I think it's possible that BD was also involved in the murder of the victim.

JMO
 
scipio_usmc said:
The supposed vetting is absurd. The PI never confronted him about his drastic changes in claims form 2016 to 2012 and any reasonable person would actually doubt his story because of that as opposed to finding him credible.
Click to expand...

Welcome to WS's!

What else could she have done? It seems from what we do know, he was employed by the newspaper, he was the delivery guy back then, he did try to contact someone at least in 2016 and again in 2020. We can't say for certain that he didn't contact them in 2005 because now KZ is saying it was possibly withheld, resulting in a Brady violation, or should at least be looked at by the courts to determine if it was.

She includes a request she made previously for logs/recordings and was told "we do not have recordings for that time period". So he's not believable because they didn't keep the recordings? That seems awfully convenient, IMO.

As for his statements and being different, I can see where there are slight differences, but nothing earth shattering. I don't think it makes a difference what night he saw this, but it could make a difference that he saw it at all. In his first email, he doesn't say he didn't know who it was (but does give a description, maybe he didn't want to put that he thought it was Bobby in that email?), he did say it was not Brendan though. Asking for a name/phone number is different than providing one IMO IF the officer or call taker was dismissive to the info he was providing, I can see a situation where he says, hey, don't you want my phone number and name? (thus not being asked).

Saying that this information was 'useless' in 2005 is just as dismissive as he said the officer that answered the phone was. There are times when something that appears not relevant, is actually very relevant, and seeing two men pushing a vehicle in the middle of the night would not be 'useless' in this situation IMO Not when a young lady has lost her life and her vehicle fits the description. Strang/Buting deny seeing the email in 2016, so they didn't just 'dismiss' it.

IIRC Calumet county didn't take over until the day the RAV4 was found, or it was decided that MTSO wouldn't be the lead investigators, but this didn't preclude them from taking phone calls from the public about the case.

Considering he was on that property every night delivering the paper, it seems to me that he should have been interviewed anyway... but wasn't. Maybe he saw a fire? Maybe he saw something suspicious? Maybe he smelled something?

And one last thing... why push the vehicle? Sound would be my #1 reason. JMO
 
Seattle1 said:
While I personally believe that SA is guilty, I have to agree with his defense in presenting the new information.

I do not think that the witness has a dog in this fight! He had nothing to gain coming forward and just the opposite -- seems more to lose based on attacks to his own character. :eek:

More importantly, I've long believed that Bobby D. testimony failed the sniff test and that his testimony actually distracted any focus on himself. I think it's possible that BD was also involved in the murder of the victim.

JMO
Click to expand...

Yep, I agree... he had nothing to gain by emailing yet again to try and get someone's attention. There was no reward back in 2016. I still think that Steven and Brendan didn't do this, Bobby has been my number 1 for awhile, I think that Brendan's immediate family (mom/brothers/husband) knows way more than we know and I think that is the worst thing about all of this, from Brendan's perspective.

I did a bit of searching the other night, it might interest some to know that Bobby called someone the afternoon of the 31st... an older man... with a scruffy beard. Bobby's phone records are in one of KZ's filings.

Will be interesting to see if this one results in a hearing ;)
 
missy1974 said:
Yep, I agree... he had nothing to gain by emailing yet again to try and get someone's attention. There was no reward back in 2016. I still think that Steven and Brendan didn't do this, Bobby has been my number 1 for awhile, I think that Brendan's immediate family (mom/brothers/husband) knows way more than we know and I think that is the worst thing about all of this, from Brendan's perspective.

I did a bit of searching the other night, it might interest some to know that Bobby called someone the afternoon of the 31st... an older man... with a scruffy beard. Bobby's phone records are in one of KZ's filings.

Will be interesting to see if this one results in a hearing ;)
Click to expand...

Bobby's account never felt right. I've always hated how Bobby appears to have thrown Brendan under the bus-- and backed over him a couple of times. MOO
 
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