Post Conviction Brief

[Karinna]

Thanks Karinna, he is doing okay now... still a few hurdles to get over, but on the mend for sure!

That's great missy, and i hope his health continues to improve.

 

[Jaiddie]

http://www.rollingstone.com/culture...-adds-allegations-in-new-court-motion-w510878

'Making a Murderer': Avery Lawyer Adds Allegations in New Court Motion'

Especially interesting is this quote from KZ:

" The phone call captures the great tragedy of Steven's life," Zellner tells Rolling Stone. "The people who should be helping him want him to shut up and quietly accept that he will die in prison. … I ask myself what would motivate Tadych and Bobby to be such obstructionists and I have reached the inevitable conclusion, as our court filings state, that they were involved in the crime and Barb, was and is involved, even unwittingly, in its coverup. … Tadych thinks he can intimidate us into looking away, but he has only succeeded in placing himself front and center in our investigation. Quite frankly, he is no match for our abilities, experience, resources or boundless commitment to freeing Steven Avery."

 

[Jaiddie]

http://www.wbay.com/content/news/Seeking-Zellner-files-more-evidence--458083153.html

'Seeking New Trial, Zellner Files More Evidence.'

"According to Zellner, police didn't investigate an anonymous note discovered at a Green Bay post office during the search for Teresa Halbach, which said her body was burned in an "alunamon" smelter. The note included the word "skinny" misspelled. She says Tadych worked at an aluminum foundry and his nickname at work was Skinny."

Very informative article about KZ's latest filing (link is included at the end of this posting) which also states that DS & JB have given KZ affidavits that concur with the statement that they were ineffective in their role as SA's counsel.

Link to the latest filing:
http://fox11digital.com/news/PDFs/Avery%20Nov.16.pdf

Edit: My first link to the filing only included the first 16 pages of the latest motion which I have now replaced with a link that goes to the full 113 page document that includes the affidavits and such.

 

[missy1974]

Thanks Jaiddie!! I have read it.... still digesting it LOL

A bit of new info... the other Steve (from Sheboygan)said when he spoke to her at 12:44, she was in the area. Brady violation ... not releasing the CD with the Dassey computer forensics (this one could be huge if true). Some more info about the searches on the Dassey computer (disturbing). ST's work info... at work he was called "Skinny", 20 people, including ST, worked the night shift... of which half were illiterate.... could SIKIKEY be someone trying to spell Skinny?

Oh and the best thing... KZ will be filing an appeal tomorrow since the judge has not responded yet.

ETA: ohhhhhh and... KZ gets Strang to sign an affidavit that basically says that hiring a blood spatter expert or ballistics expert never even crossed his mind (goes to ineffectiveness of counsel)

 

[dexter75]

http://www.wbay.com/content/news/Seeking-Zellner-files-more-evidence--458083153.html

'Seeking New Trial, Zellner Files More Evidence.'

"According to Zellner, police didn't investigate an anonymous note discovered at a Green Bay post office during the search for Teresa Halbach, which said her body was burned in an "alunamon" smelter. The note included the word "skinny" misspelled. She says Tadych worked at an aluminum foundry and his nickname at work was Skinny."

Very informative article about KZ's latest filing (link is included at the end of this posting) which also states that DS & JB have given KZ affidavits that concur with the statement that they were ineffective in their role as SA's counsel.

Link to the latest filing:
http://fox11digital.com/news/PDFs/Avery%20Nov.16.pdf

Edit: My first link to the filing only included the first 16 pages of the latest motion which I have now replaced with a link that goes to the full 113 page document that includes the affidavits and such.

Sounds like Ms. Zellner is FED UP with the Wisconsin Judicial System[emoji848] At the very LEAST the judge.
When reading many of her filings in their entirety... The COMMON SENSE. The details which were overlooked by the officers as well as the court..
( everything MANY of us pointed out and debated so long ago, lol )
I honestly don't blame her. Not a bit.[emoji4]
JMO


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[proudfootz]

Thanks Jaiddie!! I have read it.... still digesting it LOL

A bit of new info... the other Steve (from Sheboygan)said when he spoke to her at 12:44, she was in the area. Brady violation ... not releasing the CD with the Dassey computer forensics (this one could be huge if true). Some more info about the searches on the Dassey computer (disturbing). ST's work info... at work he was called "Skinny", 20 people, including ST, worked the night shift... of which half were illiterate.... could SIKIKEY be someone trying to spell Skinny?

Oh and the best thing... KZ will be filing an appeal tomorrow since the judge has not responded yet.

ETA: ohhhhhh and... KZ gets Strang to sign an affidavit that basically says that hiring a blood spatter expert or ballistics expert never even crossed his mind (goes to ineffectiveness of counsel)

BBM

It's been suggested that the note reads 'SIKINEY' by someone (perhaps an immigrant) unfamiliar with English and trying to sound it out.

But I notice the letter 'n' is used already in the note and it is not like the supposed 'n' in the last word of the note.

Too bad ST's nickname isn't 'Sicky'.

 

[Karinna]

BBM

It's been suggested that the note reads 'SIKINEY' by someone (perhaps an immigrant) unfamiliar with English and trying to sound it out.

But I notice the letter 'n' is used already in the note and it is not like the supposed 'n' in the last word of the note.

Too bad ST's nickname isn't 'Sicky'.

That note is strange, and i wonder if it was ever tested for DNA or fingerprints to see who had handled it/sent it?

 

[Karinna]

'Making a Murderer' Lawyer Admits He Was Ineffective In Steven Avery Trial, New Attorney Says Teresa Halbach 'Was Victim of Sexual Violence'
One of the star attorneys from Netflix’s hit series Making a Murderer has admitted he provided Steven Avery ineffective counsel during his 2007 murder trial as his appeal attorney Kathleen Zellner continues to point the finger at his nephew, Bobby Dassey, as a suspect.
http://www.newsweek.com/making-murd...was-ineffective-steven-avery-trial-new-714579

 

[Karinna]

Isn't it ironic that Steven Avery said ages ago that it was ST & BoD that probably set him up. He could well of been right it seems.

 

[missy1974]

BBM

It's been suggested that the note reads 'SIKINEY' by someone (perhaps an immigrant) unfamiliar with English and trying to sound it out.

But I notice the letter 'n' is used already in the note and it is not like the supposed 'n' in the last word of the note.

Too bad ST's nickname isn't 'Sicky'.

Yep, I read that too, but didn't think the K looked like an N. But it's definitely an interesting theory! I also wonder if KZ's investigator was able to get a list of employee's that were working with ST around that time? I'm sure those interviews would be interesting!

 

[dexter75]

Isn't it ironic that Steven Avery said ages ago that it was ST & BoD that probably set him up. He could well of been right it seems.

My first guess.. just sayin[emoji6]
What a ride eh, fellow sleuthers?? I find it kind of refreshing that a few of us ( from both " sides " ) had the common sense to " call " much of what is coming out now from the very beginning.
JMO

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[CoolJ]

Yep, I read that too, but didn't think the K looked like an N. But it's definitely an interesting theory! I also wonder if KZ's investigator was able to get a list of employee's that were working with ST around that time? I'm sure those interviews would be interesting!

Have a closer look. That K could have been an N but was forged to look like a K.

 

[Karinna]

My first guess.. just sayin[emoji6]
What a ride eh, fellow sleuthers?? I find it kind of refreshing that a few of us ( from both " sides " ) had the common sense to " call " much of what is coming out now from the very beginning.
JMO

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Hi dexter and i agree. Quite a few of you all that have brought great info. to the threads here, and i find this case very intriguing to say the least and i think it is still a ways from being over yet.
Lots of theories still being discussed about it all elsewhere, and especially now Ms. Zellner has given all her findings etc. and in her recent filings.
I do think ST & BoD had means and motive for this crime, all things considered, and i wonder like others have that it could be two different crimes by two different entities, and it all coincided/colluded together for what we have seen as the end result of the conviction of Steven Avery and his nephew Brendan Dassey all those years ago?
And now it's all started to unravel thanks to KZ and her team.

 

[dexter75]

Hi dexter and i agree. Quite a few of you all that have brought great info. to the threads here, and i find this case very intriguing to say the least and i think it is still a ways from being over yet.
Lots of theories still being discussed about it all elsewhere, and especially now Ms. Zellner has given all her findings etc. and in her recent filings.
I do think ST & BoD had means and motive for this crime, all things considered, and i wonder like others have that it could be two different crimes by two different entities, and it all coincided/colluded together for what we have seen as the end result of the conviction of Steven Avery and his nephew Brendan Dassey all those years ago?
And now it's all started to unravel thanks to KZ and her team.

Yes, my friend. I, too, believe this case is still a ways from being over.
I'm not yet ready to put all of my eggs in one basket, either.[emoji6]

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[Saul Vesalot]

Yes, my friend. I, too, believe this case is still a ways from being over.
I'm not yet ready to put all of my eggs in one basket, either.[emoji6]

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I am putting my eggs in as many baskets as I can find.


No matter how the case turns out, there is A LOT to learn. There are a lot of lessons here. For example, how not to interrogate a minor.
Imagine trying to write a book about this investigation, the original and KZ's. It's dizzying to think about it. It'd have to be 950 pages long. And that's if you ignore all the dead ends and wild theories. I've seen people suggest that the Zodiac Killer killed TH.



I hope we learn who wrote the Sikikey note, but my gut is telling me that even if the case gets wrapped up as perfectly as possible, Sikikey will always be a mystery. Looking at handwriting samples, I'm struck by how easy it is to cherry pick points of similarity while comparing writings of various people. I wrote out the note in my own hand, and I can find a several points of similarity between my version and the Sikikey note, especially the word "alumonom". Anyone could have written Sikikey...someone with real knowledge of the crime, someone with some knowledge of the Avery property guessing at how she was disposed of...many options. The author will have to come forward, and even then, there can still be doubts. Is there any way of confirming its authorship even if someone comes forward? I know of nothing irrefutable.

 

[dexter75]

I am putting my eggs in as many baskets as I can find.


No matter how the case turns out, there is A LOT to learn. There are a lot of lessons here. For example, how not to interrogate a minor.
Imagine trying to write a book about this investigation, the original and KZ's. It's dizzying to think about it. It'd have to be 950 pages long. And that's if you ignore all the dead ends and wild theories. I've seen people suggest that the Zodiac Killer killed TH.



I hope we learn who wrote the Sikikey note, but my gut is telling me that even if the case gets wrapped up as perfectly as possible, Sikikey will always be a mystery. Looking at handwriting samples, I'm struck by how easy it is to cherry pick points of similarity while comparing writings of various people. I wrote out the note in my own hand, and I can find a several points of similarity between my version and the Sikikey note, especially the word "alumonom". Anyone could have written Sikikey...someone with real knowledge of the crime, someone with some knowledge of the Avery property guessing at how she was disposed of...many options. The author will have to come forward, and even then, there can still be doubts. Is there any way of confirming its authorship even if someone comes forward? I know of nothing irrefutable.

I've told you before, I love how your mind is all over the place! You raise valid arguments & hold a genuine, objective POV which I find extremely helpful in cases such as this.
Happy to see you posting again[emoji4]

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[Karinna]

Notice Of Appeal
http://www.stevenaverycase.org/wp-content/uploads/2017/11/Notice-of-Appeal_redacted.pdf

 

[Joe Friday]

Notice Of Appeal
http://www.stevenaverycase.org/wp-content/uploads/2017/11/Notice-of-Appeal_redacted.pdf

Likely to also be denied.

 

[Karinna]

Likely to also be denied.

Guess we will have to wait & see. But i believe KZ will take this as high as she can, and has stated previously that these cases are never turned over on appeal in the lower courts, and i don't think she ever expected otherwise, so there is that.
(quote)
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal.
http://www.uscourts.gov/about-federal-courts/types-cases/appeals

 

[Karinna]

I also think this case could well be heard in the SCOTUS because of the granting of an En Banc hearing for Brendan Dassey in the 7th. circuit court, and quite a few people were surprised by that because that type of hearing is rare, and means IMO it was important enough to go to En Banc.
And if constitutional rights in the Steven Avery case were violated then i think the Supreme Court might need to set that record straight if the Appeals fail. All IMO.