BigCityAccountant
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Post Conviction Brief
- Thread starter missy1974
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BigCityAccountant
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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.
missy1974
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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.
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.
missy1974
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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.
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.
BigCityAccountant
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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).
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).
missy1974
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John DeHaan, Ph.D.
Dr. DeHaan will testify that Ms. Halbach's bones
were planted in Mr. Avery's burn pit after being burned in a burn ba1Tel. Dr. DeHaan will
testify that Ms. Halbach's body was not burned in Mr. Avery's burn pit.
Steven Symes, Ph.D
Dr. Symes will testify that the suspected human pelvic bone found in the
Manitowoc County quarry should have been examined microscopically and histological
slides should have been taken to definitively establish that this bone was human in origin.
Here is part of the blood planting theory:
Stuart James
Mr. James will testify that the blood stains in the RA V-4 were selectively planted and 1 blood stain was placed by the ignition with an applicator. Mr. James will testify that Mr. Avery's blood did not come from the 1996 blood vial, but was instead blood dripped by Mr. Avery into his
bathroom sink in 2005, which was removed and dripped into the RA V-4. Mr. James will
testify that the blood stain on the rear cargo door was not the result of Ms. Halbach being
thrown into the rear cargo area of the RAV -4 after she had been shot as the State
contended.
Dr. DeHaan will testify that Ms. Halbach's bones
were planted in Mr. Avery's burn pit after being burned in a burn ba1Tel. Dr. DeHaan will
testify that Ms. Halbach's body was not burned in Mr. Avery's burn pit.
Steven Symes, Ph.D
Dr. Symes will testify that the suspected human pelvic bone found in the
Manitowoc County quarry should have been examined microscopically and histological
slides should have been taken to definitively establish that this bone was human in origin.
Here is part of the blood planting theory:
Stuart James
Mr. James will testify that the blood stains in the RA V-4 were selectively planted and 1 blood stain was placed by the ignition with an applicator. Mr. James will testify that Mr. Avery's blood did not come from the 1996 blood vial, but was instead blood dripped by Mr. Avery into his
bathroom sink in 2005, which was removed and dripped into the RA V-4. Mr. James will
testify that the blood stain on the rear cargo door was not the result of Ms. Halbach being
thrown into the rear cargo area of the RAV -4 after she had been shot as the State
contended.
Page 62 and 63 experiment with the bookcase...
Key couldn't have fallen where it was pictured and...
"In the process of making the initial strikes against the back panel of the experiment bookcase with the photo album, much of the loose change fell off the experiment bookcase in addition to the television remote and an envelope, unlike the items in the photos of the actual bookcase. (Trial Exhibit 20). (Affidavit of Kurt Kingler, P-C Exhibit 22, 110)".
This was one of my biggest gripes.
Key couldn't have fallen where it was pictured and...
"In the process of making the initial strikes against the back panel of the experiment bookcase with the photo album, much of the loose change fell off the experiment bookcase in addition to the television remote and an envelope, unlike the items in the photos of the actual bookcase. (Trial Exhibit 20). (Affidavit of Kurt Kingler, P-C Exhibit 22, 110)".
This was one of my biggest gripes.
missy1974
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Karl Reich, Ph.D
Dr. Reich will testify that the DNA on the hood latch did not come from Mr.
A very touching the hood latch, and most probably came from a relabeled groin swab. Dr.
Reich will testify that the DNA on Ms. Halbach's sub-key located in Mr. Avery's
bedroom did not come from Mr. Avery touching the key, but rather it came from another
more prolific DNA source such as a toothbrush
Gregg McCrary ("Mr. McCrary"). Mr. McCrary is a renowned police procedure and
crime scene investigation expert with over 45 years experience, including 25 years as an
FBI Agent.
Mr. McCrary will testify that the law
enforcement investigation into the Halbach murder was deeply flawed. The investigation
prematurely focused on Mr. A very as a suspect while failing to study the victim, Ms.
Halbach, to determine if she was at an elevated risk of becoming a victim of violent
crime. Because the investigation shifted prematurely to a "suspect-based investigation," it
ignored significant evidence that pointed to another potential suspect as the murderer of
Ms. Halbach.
Dr. Reich will testify that the DNA on the hood latch did not come from Mr.
A very touching the hood latch, and most probably came from a relabeled groin swab. Dr.
Reich will testify that the DNA on Ms. Halbach's sub-key located in Mr. Avery's
bedroom did not come from Mr. Avery touching the key, but rather it came from another
more prolific DNA source such as a toothbrush
Gregg McCrary ("Mr. McCrary"). Mr. McCrary is a renowned police procedure and
crime scene investigation expert with over 45 years experience, including 25 years as an
FBI Agent.
Mr. McCrary will testify that the law
enforcement investigation into the Halbach murder was deeply flawed. The investigation
prematurely focused on Mr. A very as a suspect while failing to study the victim, Ms.
Halbach, to determine if she was at an elevated risk of becoming a victim of violent
crime. Because the investigation shifted prematurely to a "suspect-based investigation," it
ignored significant evidence that pointed to another potential suspect as the murderer of
Ms. Halbach.
missy1974
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mine too LaneGirl!!!! and if there was a possibility that the key was planted... then anything was possible IMO
missy1974
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James Kirby ("Mr. James Kirby") and Steven Kirby ("Mr. Steven Kirby"). Mr. James
Kirby and Mr. Steven Kirby are both licensed Illinois and Wisconsin investigators. Mr.
James Kirby has interviewed over 35 witnesses in regard to the Halbach murder case. He
has uncovered evidence of the abusive relationship between Ms. Halbach and Mr.
Hillegas. Mr. James Kirby has found evidence that Mr. Hillegas lied to law enforcement
about the broken parking light in Ms. Halbach's car. He has interviewed witnesses whose
statements were misrepresented by law enforcement officers investigating the Halbach
murder. Mr. James Kirby has conducted experiments that refute the State's theory that
Ms. Halbach's electronic components were burned in Mr. Avery's burn barrel Mr. James
Kirby has investigated Mr. Avery' s garage and participated in experiments producing
information that was provided to Mr. Haag and Dr. Palenik, current post-conviction
counsel's ballistic and trace evidence experts, respectively. Mr. Steven Kirby has
interviewed Scott Bloedorn ("Mr. Bloedorn"), who inadvertently mentioned another
suspect.
*** SB blurted out Ryan Hillegas to the investigator, but didn't want to speak to him, I read this somewhere else already lol
Kirby and Mr. Steven Kirby are both licensed Illinois and Wisconsin investigators. Mr.
James Kirby has interviewed over 35 witnesses in regard to the Halbach murder case. He
has uncovered evidence of the abusive relationship between Ms. Halbach and Mr.
Hillegas. Mr. James Kirby has found evidence that Mr. Hillegas lied to law enforcement
about the broken parking light in Ms. Halbach's car. He has interviewed witnesses whose
statements were misrepresented by law enforcement officers investigating the Halbach
murder. Mr. James Kirby has conducted experiments that refute the State's theory that
Ms. Halbach's electronic components were burned in Mr. Avery's burn barrel Mr. James
Kirby has investigated Mr. Avery' s garage and participated in experiments producing
information that was provided to Mr. Haag and Dr. Palenik, current post-conviction
counsel's ballistic and trace evidence experts, respectively. Mr. Steven Kirby has
interviewed Scott Bloedorn ("Mr. Bloedorn"), who inadvertently mentioned another
suspect.
*** SB blurted out Ryan Hillegas to the investigator, but didn't want to speak to him, I read this somewhere else already lol
missy1974
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Larry Blum, M.D.
Dr. Blum will offer the
opinion that the injury pattern on one potential suspect's hands is consistent with
fingernail scratches that were inflicted during the timeframe of Ms. Halbach's murder.
Potential suspect = Ryan H
Dr. Blum will offer the
opinion that the injury pattern on one potential suspect's hands is consistent with
fingernail scratches that were inflicted during the timeframe of Ms. Halbach's murder.
Potential suspect = Ryan H
missy1974
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Lawrence Farwell, Ph.D.
Brain Fingerprinting expert.
Dr. Farwell
has conducted extensive brain fingerprint testing on Mr. Avery. He will offer his opinion,
with a statistical confidence of 99.9 percent, "that Mr. Avery does not know certain
specific details about the attack on Ms. Halbach. This salient crime-relevant information,
which was experienced by the perpetrator when he committed the crime, is not stored in
Mr. Avery's brain."
JMO but I need to do some more reading on this lol I'm not convinced... yet! lol
Brain Fingerprinting expert.
Dr. Farwell
has conducted extensive brain fingerprint testing on Mr. Avery. He will offer his opinion,
with a statistical confidence of 99.9 percent, "that Mr. Avery does not know certain
specific details about the attack on Ms. Halbach. This salient crime-relevant information,
which was experienced by the perpetrator when he committed the crime, is not stored in
Mr. Avery's brain."
JMO but I need to do some more reading on this lol I'm not convinced... yet! lol
BigCityAccountant
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I have no idea what that even is...
BigCityAccountant
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I am however having an issue that a lot of this comes from SA. Like his toothbrush missing, his groin swab being requested by Weigert
Well, there is only 1 toothbrush there in the picture. You would think there would be 2 with 2 adults living there.
http://www.stevenaverycase.org/wp-content/uploads/2016/02/Exhibit-206-bathroom-sink.jpg
BigCityAccountant
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I am however having an issue that a lot of this comes from SA. Like his toothbrush missing, his groin swab being requested by Weigert
His groin was swabbed. Then they said they went above and beyond the scope of the warrant.
Basically a brain lie detector test, showing SA doesn't have memories of certain details he should have if he committed the murders.
Highly controversial.
But SA is the one who said he over heard Weigert request the swab. Instead of it being discarded.
I'm not saying this brief isn't riveting I just don't like the insertion of SA says into the picture. For example the toothbrush is not listed as an item taken by search warrant, but SA says it was missing.
Not saying thats not the truth just saying I wish the brief didn't need to include what SA says and can't really be proven.
Affidavit showing prior abuse of TH by RH (ex boyfriend)...
According to Mr. McCrary, based upon violent crime statistics, the killer most likely
knew Ms. Halbach and may have been involved, at some point in time, in a romantic relationship with her. (Affidavit of Gregg McCrary, P-C Group Exhibit 42, 1 5). The relationship was characterized by verbal and physical abuse by the killer towards Ms. Halbach. (Affidavit of Thomas Pearce, attached and incorporated herein as P-C Group Exhibit 44). Even after Ms. Halbach ended their relationship, the killer continued to attempt to exert control over her by living nearby and coming to her home frequently. (Affidavit of Gregg McCrary, P-C Group Exhibit 42, 118).
According to Mr. McCrary, based upon violent crime statistics, the killer most likely
knew Ms. Halbach and may have been involved, at some point in time, in a romantic relationship with her. (Affidavit of Gregg McCrary, P-C Group Exhibit 42, 1 5). The relationship was characterized by verbal and physical abuse by the killer towards Ms. Halbach. (Affidavit of Thomas Pearce, attached and incorporated herein as P-C Group Exhibit 44). Even after Ms. Halbach ended their relationship, the killer continued to attempt to exert control over her by living nearby and coming to her home frequently. (Affidavit of Gregg McCrary, P-C Group Exhibit 42, 118).