Steven Avery: Guilty of Teresa Halbach's Murder? #2

Discussion in 'Netflix Series: Making A Murderer' started by bessie, Jan 14, 2016.

  1. MsJosie

    MsJosie Well-Known Member

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    'Making A Murderer' subject Steven Avery will be allowed to present new evidence in his case | Daily Mail Online

    Avery’s lawyer wins right to appeal. The case goes back to circuit court where they can grant a new trial or the case goes to appellate court who can reverse conviction or grant a new trial.

    His lawyer will present evidence that shows mishandled evidence by prosecutors can show a different outcome. This is concerning bone pieces given to Halbach family. These were improperly given per state and fed laws to the family. The bones were returned without telling Avery’s counsel. The bones were found in a gravel pit not on Avery’s land. The bones were not DNA tested. If bones were tested “and that they belonged to Halbach, Zellner could have argued that the theory which the prosecution presented that led to the convictions was not possible.”

    Bones are no longer in “state custody” and there is question of tampering and testing would be questioned.

    Zellner said there are a lot of violations. She believes Avery is innocent and will continue to fight.

    “A trial date court date has not been set.”

    There are other media reports out there....this one from DM popped up first.
     
  2. missy1974

    missy1974 Well-Known Member

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  3. Jaiddie

    Jaiddie Active Member

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    Hi, evry1, been awhile since I've been here (so long that when I did try and return I found it had been shut down :( so I am happy to see it's back and will act accordingly). Just wanted to pop in and post the latest from my favorite reporter. He makes sure to make it clear that this newest development is not a get-out-of-jail-free card, but, imo, it certainly seems to be a giant step in the right direction (Finally!) of a possible re-trial, at the minimum, I hope :).

    Zellner Q&A On Steven Averys Recent Court Victory
     
  4. Silverdh

    Silverdh New Member

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    Thanks for the update, saw it in the news the other day. So, at this moment it's unknown where the bone fragments are? If they didn't consider the quarry as place connected to the crime, why would they give the bone fragments from there to the family? And if they gave the fragments from the quarry to the family, they basically admit that they consider these as Theresa's bones and that she was killed/moved to quarry.
    They could request and exhumation, but I'm not confident they will find good enough DNA profile on it.
     
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  5. missy1974

    missy1974 Well-Known Member

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    Hi Silverdh! It blows my mind that for years we have discussed those bones and that they were given back to the family, and it was only when someone emailed Zellner about it, she and/or her team went through ALL their paperwork and found out they did not have those last pages of the CASO report, and that his lawyer at the time or Avery were never notified!!! I guess we should never assume that she has or knows everything lol I think she has since requested a copy of everything from CASO.

    I think the State giving them any bones from the quarry is an admission in itself that they were likely human, likely Teresa's, and could still be considered a violation regardless of whether they can get DNA from them.

    I don't know that Zellner is holding her breath at the Circuit Court level, because of the history, but it will now be added to the appeal if there is no hearing and just denied outright. Zellner really really wants those involved to testify lol
     
  6. Jaiddie

    Jaiddie Active Member

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    Hi Missy!
    The other thing that blew my mind was the fact that the bones being given away was, basically, corroborated by Fallon's attorney mistakenly calling and leaving his client a message on KZ's voicemail, LOL :oops:! How does that even happen, though, as one would think KZ had a message stating, "You have reached KZ, please leave a message." haha. Must admit, quite confused on how that happened. o_O
     
  7. missy1974

    missy1974 Well-Known Member

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    bahahaha When I first read that, all I could do is laugh. Like, who does that???? She must just have a generic VM message? No way she identifies herself lol But the first clue would have been the area code, no? I guess it depends on who is where! I would have liked to have been a fly on the wall when she heard that message :D:D
     
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  8. entrustEd

    entrustEd Active Member

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    9/18/2005 is a heavy porn search day, about ~65 searches, including "rap[e] little girls", "rap[e] girls"
    9/19/2005 TH does 2 photos for account T. Janda (A. Schuster interview, mgr of AutoTrader)
    ***no "porn" searches til next time TH comes to property***
    10/31/2005 is a significant porn search day, 21 searches. TH goes missing
    ***100 day lapse***
    2/13/2006 is the first time porn is searched since 10/31/2005, ~35 porn searches
    Pattern changes, becoming frequent and compulsive 2/16, 2/17, 2/19, 2/20, 2/21, 2/23, 2/24, 2/25, 2/27...backs off a little then 3/14, 3/20,
    March and April 2006 have days of extremely heavy searches 4/19 has 250, 4/21 has 142
     
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  9. RANCH

    RANCH Well-Known Member

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    What is this about? Do you have a link to the source? Is the post you quoted from this thread and if so who wrote it? Post number?
     
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  10. entrustEd

    entrustEd Active Member

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  11. RANCH

    RANCH Well-Known Member

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    I found the post that you snipped so that everyone can read it in full for context.
     
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  12. Silverdh

    Silverdh New Member

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    Someone from WS emailed KZ that the quarry bones were given to the family? So basically, the mistake during printing (what, they ran out of paper? :confused: ) contributed to this? Hilarious! :D

    Can you please let me know how you know this? Where is it discussed?
     
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  13. Jaiddie

    Jaiddie Active Member

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    Can you please let me know how you know this? Where is it discussed?[/QUOTE]

    Numerous news outlets have reported on the voicemail since it happened. Here is one from Rolling Stone outlining all the pertinent information about this issue.

    "Calumet County Sheriff’s Department Deputy Jeremy Hawkins states in the 2011 police report that Sgt. Investigator Mark Wiegart, and attorneys Thomas Fallon and Norm Gahn, were involved in removing the bones from evidence control."

    IMO, Fallon cannot use the excuse that he didn't know exactly what bones were given back to the family, as he was physically present (and it's on record) when the bones were actually turned over. He was, apparently, worried enough about this issue that he contacted his attorney for legal advice about it and his counsel mistakenly called KZ's vm and left Fallon the following message on her phone...

    "Hi, Tom. This is Mark Williams. Um, I’ll send you an email later today, but I don’t think we should do anything or respond to her at all until tomorrow, uh, when we look into the bag and-and see exactly the pelvic bones are in there or not. Um, so I-I would not respond, uh, until we look into the bag, uh, tomorrow morning and then we can talk about it, uh, before we send a response. Thanks a lot. Bye."

    Years ago, I didn't think there would be anything left about this case that would shock me, but here it is....LOL! I swear, a person couldn't WRITE this stuff, its so unbelievable! Hahaha!:D

    Steven Avery’s Lawyer Accuses Wisconsin AG of Destroying Evidence – Rolling Stone
     
  14. missy1974

    missy1974 Well-Known Member

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    It was no one from here, as far as I know. I do know that she is on one of the family connected FB pages. Called Basically a Lawyer - legal issues in the steven avery/brendan dassey cases. It cuts out all the drama. The mods will link to and post about recent or upcoming motions. I do like that there is one there that can see and will say when she thinks KZ is making mistakes, has a shot, etc.

    I posted all the recent motions in another thread Motion to Stay Appeal and Remand Jan 24/19

    But if you are just wanting to read the one with the voicemail...
    https://www.workwithkz.com/media/fi...endant-supplemental-re-2019-02-13_S5ubT7C.pdf

    It's in the first couple of pages :)
     
  15. leslievernon

    leslievernon Active Member

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    thank god there is still a discussion going on ( i thought that was closed down)

    can someone bring me up to date - is it true that he actually WON an appeal recently?
     
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  16. missy1974

    missy1974 Well-Known Member

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    Not an appeal... but the appeals court has sent it back to the Circuit Court on a new matter, which is that they may have given the quarry bones back to the family in 2011. After that decision, if necessary, it will go back to the Appeals court, with the new issue also added.

    I posted all the most recent motions, etc. in the following thread:

    Motion to Stay Appeal and Remand Jan 24/19
     
  17. JMarsh

    JMarsh Former Member

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    Agree. Glad to see this discussion is back. Exciting developments.
     
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  18. JMarsh

    JMarsh Former Member

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    https://www.workwithkz.com/media/Feb25_Decision.pdf

    This is very exciting. Unbelievable what it takes to get even this much done. I think about what it must be like for those wrongfully imprisoned who don't have attorneys as indefatigable as Zellner. Wow.

    So now we wait and see what Judge S does.
     
  19. Silverdh

    Silverdh New Member

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    @missy1974 and @Jaiddie, thank you so much for the clarifications :)
    This is seriously unbelievable (and also hilarious). If they wrote such plot for a movie, we would think it's such bad writing :D
     
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  20. Tuffgong

    Tuffgong Active Member

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    I guarantee you that any documentary crew with an agenda could poke what appear to be holes in a case put together by a small rural police force and DA's office. They can focus on small things, make mountains out of them, and dupe more than a few people. Avery is where he should be, in a prison cell.
     

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