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New Developments In The Steven Avery Case From Making a Murderer

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posted on Jun, 9 2017 @ 05:56 PM
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I thought someone would've posted something about this by now but it seems the Comey hearings, Russia and Trump continue to dominate ATS.

Anyhow, Steven Avery's attorney Kathleen Zellner filed her brief for his post-conviction relief (appeal) on June 7 in Wisconsin. The brief was over 1,200 pages long and she apparently hand delivered it to the Manitowoc County courthouse herself.

For those who didn't watch or somehow missed the outrage last year. Steven, along with his then 16 year old nephew Brendan Dassey, were the subjects of the the docu-series Making a Murderer which premiered on Netflix in late 2015 and went viral in early 2016.

The series focused on their arrests and ultimate convictions for the murder of a photographer named Teresa Halbach. At the time of his arrest, Steven Avery was suing Manitowoc County for 36 million dollars due to his wrongful conviction and subsequently spending 18 years in prison for a rape he did not commit. There was gross negligence by law enforcement from the start of that case, too, and Avery had an airtight alibi. He was later freed when DNA evidence exonerated him. The real perp went on to rape other women despite evidence pointing to him from the beginning.

Brendan Dassey's conviction was thrown out because of the forced/coerced confession he gave to law enforcement. But, because Manitowoc County and Wisconsin DOJ in general cannot do the right thing in this case, the state appealed the overturn and he is currently waiting for the ruling from a three judge panel from the U.S. Court of Appeals for the Seventh Circuit in Chicago. The ruling could come at any time but should be handed down by the end of this summer. He is represented by Laura Nirider, a young attorney who totally slayed his appeal, and Steve Drizin.

The series is still available on Netflix and there should be a part 2 coming out this year that follows the story from his conviction, his first appeal that was denied, how and why Kathleen Zellner got involved and all the work she has done since.

Here is a link to her site where you can read the first 220 pages of the brief and all of her expert witnesses affidavits. Her expert list is unbelievable and there is no way this guy isn't either exonerated or at the very least given a new trial.

Steven Avery link:
2017 Steven Avery Brief/Affidavits

And, because it was SO good, I decided to add Nirider and Drizin's arguments to the 7th Circut Court from earlier this year (audio only):



There is a lot to research here. There is also the entire (original) trial transcript available here: Original Avery Trial Transcripts & Other Documents

There's a lot here to sink in to, especially if you were even a little outraged by the Netflix documentary. If you haven't seen the documentary, I 10/10 recommend...

Enjoy.
edit on 9-6-2017 by lovebeck because: Fixed broken links.

edit on 9-6-2017 by lovebeck because: (no reason given)




posted on Jun, 9 2017 @ 06:16 PM
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Great documentary. I still get angry when i think about the way those officers harassed and tricked that poor boy (dassey) into confessing.

Also, the scene with Avery's father showing off the garage he has rigged up to do some aquaculture with steven when he finally gets out makes me cry. He just cannot wait for steven to be released so he can spend time with him. I feel for his family. They seem like nice, simple folk that just want to be close with their loved ones. The whole mess is screwed up...



posted on Jun, 9 2017 @ 06:49 PM
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originally posted by: seaswine
Great documentary. I still get angry when i think about the way those officers harassed and tricked that poor boy (dassey) into confessing.

Also, the scene with Avery's father showing off the garage he has rigged up to do some aquaculture with steven when he finally gets out makes me cry. He just cannot wait for steven to be released so he can spend time with him. I feel for his family. They seem like nice, simple folk that just want to be close with their loved ones. The whole mess is screwed up...


On one side it seems like he was legit innocent. But, when you weigh in on the evidence it does lead to Avery being the killer.

I think the main issue with the case is that the law enforcement knew it was Avery, but wanted him to be put away for good and trespassed, planted obvious clues, tampered with evidence, etc.
When you really look at the case, and evidence and timeline, it all pretty much does lead to Avery.
As for Dassey, I think he was caught up in the whole mess, and was screwed over by Avery, and the law.



posted on Jun, 9 2017 @ 06:52 PM
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I have watched the documentary and I think he was railroaded. The kid certainly was.

The old saying"follow the money"... who was going to gain financially? the Sheriff and the others being sued.

I remember seeing on tv the show Justice with Judge Jeanine something that she says it is an open and close case. meaning that he was guilty


edit on 9-6-2017 by tinner07 because: (no reason given)



posted on Jun, 9 2017 @ 07:13 PM
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The documentary was incredibly well done. If anyone hasn't seen it, go watch it! Unbelievably well directed, and the story is amazing.

It's good to hear such compelling arguments still going on with this case. Here's hoping he's set free and gets every dollar he sues for



posted on Jun, 9 2017 @ 07:39 PM
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originally posted by: strongfp

originally posted by: seaswine
Great documentary. I still get angry when i think about the way those officers harassed and tricked that poor boy (dassey) into confessing.

Also, the scene with Avery's father showing off the garage he has rigged up to do some aquaculture with steven when he finally gets out makes me cry. He just cannot wait for steven to be released so he can spend time with him. I feel for his family. They seem like nice, simple folk that just want to be close with their loved ones. The whole mess is screwed up...


On one side it seems like he was legit innocent. But, when you weigh in on the evidence it does lead to Avery being the killer.

I think the main issue with the case is that the law enforcement knew it was Avery, but wanted him to be put away for good and trespassed, planted obvious clues, tampered with evidence, etc.
When you really look at the case, and evidence and timeline, it all pretty much does lead to Avery.
As for Dassey, I think he was caught up in the whole mess, and was screwed over by Avery, and the law.


No, it doesn't.

Read the brief, or at least the affidavits. They prove evidence planting and witnesses who are in the know have come forward. Steven Avery was framed and they abused Brendan Dassey until he came up with the story they wanted for insurance.

There is no evidence that proves Steven Avery and Brendan Dassey killed Teresa. None. Zilch. Zero.

Did they manipulate and plant evidence, DNA gathered from toothbrushes and groin swabs, destroy evidence that she left Avery's poperty and went to the Zipperer residence (her scheduled last appointment), get a coerced and false confession from a 16 year old with learning disabilities who's atty who was workimg with the prosecutor and who had no counsel and not even a parent during those repeated interrogations? Yes.

Did they have a judge in their corner who did everything in his power to stop the defense from presenting their case? Yes.

Did Ken Kratz, the "Special Prosecutor" abuse his position and commit serious prosecutorial misconduct, repeatedly, and who still continues to do so to this day, even though he has an ethical and legal obligation not to? Yep...

Did Teresa engage in activities that put her at higher risk of being a victim of violence? She did...

Did her ex-boyfriend, who is also a registered nurse, stalk, abuse her physically and emotionally throughout and after their relationship, have unprecedented access to the "crime scene" and who controlled all access to her home and personal effects by moving into HER HOUSE immediately after the murder, gain access to and erase voicemails, have defensive wounds all over both of his hands and forearms after 10/31/05? Yes.

Did the magic "sweat DNA" from the hood latch, that "matched" Steven Avery come from sweat?? Nope, it came from the groin swabs taken from Steve at the hospital, and without a warrant.

Science caught up with them. People who had knowledge had enough with the guilt and came forward.

Like I said, read the brief, or at least the affidavits.



posted on Jun, 9 2017 @ 07:53 PM
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originally posted by: lovebeck

originally posted by: strongfp

originally posted by: seaswine
Great documentary. I still get angry when i think about the way those officers harassed and tricked that poor boy (dassey) into confessing.

Also, the scene with Avery's father showing off the garage he has rigged up to do some aquaculture with steven when he finally gets out makes me cry. He just cannot wait for steven to be released so he can spend time with him. I feel for his family. They seem like nice, simple folk that just want to be close with their loved ones. The whole mess is screwed up...


On one side it seems like he was legit innocent. But, when you weigh in on the evidence it does lead to Avery being the killer.

I think the main issue with the case is that the law enforcement knew it was Avery, but wanted him to be put away for good and trespassed, planted obvious clues, tampered with evidence, etc.
When you really look at the case, and evidence and timeline, it all pretty much does lead to Avery.
As for Dassey, I think he was caught up in the whole mess, and was screwed over by Avery, and the law.


No, it doesn't.

Read the brief, or at least the affidavits. They prove evidence planting and witnesses who are in the know have come forward. Steven Avery was framed and they abused Brendan Dassey until he came up with the story they wanted for insurance.

There is no evidence that proves Steven Avery and Brendan Dassey killed Teresa. None. Zilch. Zero.

Did they manipulate and plant evidence, DNA gathered from toothbrushes and groin swabs, destroy evidence that she left Avery's poperty and went to the Zipperer residence (her scheduled last appointment), get a coerced and false confession from a 16 year old with learning disabilities who's atty who was workimg with the prosecutor and who had no counsel and not even a parent during those repeated interrogations? Yes.

Did they have a judge in their corner who did everything in his power to stop the defense from presenting their case? Yes.

Did Ken Kratz, the "Special Prosecutor" abuse his position and commit serious prosecutorial misconduct, repeatedly, and who still continues to do so to this day, even though he has an ethical and legal obligation not to? Yep...

Did Teresa engage in activities that put her at higher risk of being a victim of violence? She did...

Did her ex-boyfriend, who is also a registered nurse, stalk, abuse her physically and emotionally throughout and after their relationship, have unprecedented access to the "crime scene" and who controlled all access to her home and personal effects by moving into HER HOUSE immediately after the murder, gain access to and erase voicemails, have defensive wounds all over both of his hands and forearms after 10/31/05? Yes.

Did the magic "sweat DNA" from the hood latch, that "matched" Steven Avery come from sweat?? Nope, it came from the groin swabs taken from Steve at the hospital, and without a warrant.

Science caught up with them. People who had knowledge had enough with the guilt and came forward.

Like I said, read the brief, or at least the affidavits.


All I read were assertions. This is a very good way to get people worked up about the legal system for ratings and notoriety though.



posted on Jun, 9 2017 @ 07:55 PM
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originally posted by: tinner07
I have watched the documentary and I think he was railroaded. The kid certainly was.

The old saying"follow the money"... who was going to gain financially? the Sheriff and the others being sued.

I remember seeing on tv the show Justice with Judge Jeanine something that she says it is an open and close case. meaning that he was guilty



About two weeks before the "murder" the insurance company for Manitowoc County informed them that due to the gross negligence by all involved, they would not be paying. Manitowoc was on the hook for the entire 36 million and there last few depositions were sure to destroy careers, reputations and guarantee him all 36 million.

They couldn't just kill him because his dependents would be able to continue to lawsuit and they would still have to pay it out.

So who had the motive to ensure they put a stop to the lawsuit and discredit Steven Avery? Who had opportunity?

Teresa, IMHO, was killed by someone she knew later that evening. She had been receiving harassing phone calls prior to her death. Zellner got her ex BF's cell records so it will be interesting to see how many times he was contacting her in the days leading up to her death.

The new blood splatter info in the brief by probably the top expert on blood splatter analysis in the world said she was hit in the head as she was getting into the back end of her RAV 4 and then hit repeatedly after she fell on her back outside the rear of the RAV. and I believe the rest of her remains are someplace close to either her house or someplace near the quarry behind the Avery Salvage Yard...Could be at the bottom of the quarry. They found very little of her remains on Avery's property.

I've always felt like it was the ex-boyfriend, allegedly, who has a history of violence and stalking of not only Teresa but other women as well. He definitely had some help from someone in law enforcement, but that's just a theory many folks have. IMHO, I'd be very surprised if he didn't.

I think they used her murder and pinned it on Avery to take care of that 36 million dollar problem and to save their own asses, knowing full well who actually killed her from the jump. May have been one person, may have been quite a few, but IMHO someone other than him knew.

I think even more people will come forward now that she has filed the appeal...There is some very damaging info in there, especially when it comes to the DNA/blood and the bullet they claimed went into her brain. If not exonerated, he at least deserves a new trial. Science doesn't lie but it sure as heck advances, everyday.

I believe the Circuit Court will uphold Judge Duffin's ruling that Brendan's confession was forced and coerced, and he will be out before summer is over. I pray he is, anyway.

Since other folks shared theirs, here are my outrage moments from the documentary:
1. Can I go home and watch Wrestlemania?


2. The slime ball attorney Len Kachinsky who was Brendan's defense attorney but was clearly working with the prosecutor and his POS "investigator."

3. Any scene with Ryan H. in it. Yeah he was helping, my foot.

4. When his parents were trying to find a close parking spot to the prison so they didn't have to walk that far. For some reason that part made be cry and I am not a crier.

5. The end, with his dad in the garden...that straight broke my heart.

Since I watched it in January 2016 I started researching, read trial transcripts, joined discussion groups with some very intelligent and bright folks, and just continued to offer prayers and support to both families via their respective FB groups.

I am not a lawyer (that's my sister, lol) I am a nurse. But this case really got to me. I did look at evidence ad make guilty vs. not guilty charts to weigh things early on, to make sure I wasn't wasting time on a guilty killer, and I have to say that I believe they are both 100% innocent.
edit on 9-6-2017 by lovebeck because: (no reason given)



posted on Jun, 9 2017 @ 08:13 PM
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a reply to: Wardaddy454

Assertions? O.K.

Me thinks you don't understand legalese...



posted on Jun, 9 2017 @ 08:22 PM
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a reply to: lovebeck

I think he's innocent too. I did a search and it seems she's saying the ex boyfriend killed her.

link




Zellner suggests the former boyfriend conspired with the Manitowoc County Sheriff's Department to plant Halbach's car on the Avery salvage yard.


Steven Averys lawyer claims Theresa Halbach killed by ex boyfriend




Text On Wednesday, Kathleen Zellner, attorney for Making a Murderer subject Steven Avery, added one more twist to an already confusing case by pointing to Halbach's ex-boyfriend, Ryan Hillegas, as the murderer.


edit on 9-6-2017 by C84K2 because: Another link



posted on Jun, 9 2017 @ 08:23 PM
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originally posted by: Ghost147
The documentary was incredibly well done. If anyone hasn't seen it, go watch it! Unbelievably well directed, and the story is amazing.

It's good to hear such compelling arguments still going on with this case. Here's hoping he's set free and gets every dollar he sues for


my wife was all over it. i tried to watch some of it with her and it just didnt do it for me.
i could care less about avery or his story. it just didnt grab me.
not compelling to me at all

cant all be winners i guess



posted on Jun, 9 2017 @ 10:16 PM
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Avery may not be guilty of the first crime in the 80's, rape, but he is certainly guilty of the second.

There is another member here who is retired from The WI Department of Corrections. He/she knew Avery as well as Dahmer and Anderson.



posted on Jun, 9 2017 @ 10:37 PM
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a reply to: lovebeck

It was a great series but they were biased and omitted evidence that really put a guilty light on Avery.

I read of a conspiracy theory that Steven didn't do it with the only evidence being that an infamous serial killer Edward Wayne Edwards aka the Zodiac is thought to have actually killed Teresa. There's video evidence from the series of the serial killer standing behind the attorney and popping up here and there. There was even a photo of the serial killer at Teresa's gravestone

edit on 9-6-2017 by Kalixi because: added serial killers name



posted on Jun, 9 2017 @ 10:46 PM
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a reply to: Kalixi

Here's the theory:



Cameron has a theory, as Uproxx reported, that an infamous serial killer named Edwards Wayne Edwards, who’s known to frame others for his murders, is behind the murder that’s at the center of the Netflix docuseries. And there are certainly some interesting connections. What would connect Edwards to the murder?

1. Edwards is known to find victims or people to frame who have been spotlighted in the media. He may have discovered Avery through any of many stories on TV and other media when he was first exonerated for the brutal assault of a local female while she was jogging.

2. It’s believed that Edwards is connected to many, many unsolved murder cases. Edwards’ blog posts and letters to police, family of victims, and the press have led many to believe he’s guilty of murders he was never tried for. (Investigators have long suspected Edwards may be involved in the Zodiac slayings.)

3. Edwards liked to kill on Halloween. Halbach disappeared on that day in 2005.

4. Edwards had killed in Wisconsin before. In 1980, he killed Wisconsin couple Tim Hack and Kelly Drew. The crime would be called the “sweetheart murders.” And it’s believed he was an hour away from where Avery lived at the time of Halbach’s murder.

5. Edwards likes to attend his victims’ funerals and trials. He is believed to have been caught on HBO’s documentary about the West Memphis Three. And Cameron discovered the below shot during the sixth episode of “Making a Murderer,” with a man who looks like Edwards.


The Zodiac kill Teresa Hallbach - link with photo



posted on Jun, 10 2017 @ 08:39 AM
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a reply to: lovebeck

You are ignoring the simple and easiest evidence to follow that initially put the final nail in the coffin for Avery, it was the sketchy phone calls, with records, and the timeline that put Halbach and Avery within the same area of each other.
She goes missing, Avery has no alibi, and the phone calls were placed in his home where people SAW him throughout the day on his property.

So unless some high end hit man snuck into the Avery yard, into his house, made the phone calls, killed Halbach, burned her body and planted a bunch of evidence before anyone saw him, who do you think that leads to?



posted on Jun, 10 2017 @ 11:53 AM
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a reply to: strongfp
Linking the phone calls to the murderer is circumstantial, the Avery's had hundreds of cars and used autotrader relatively frequently. Teresa had been there before.

My belief is a yet unknown murderer killed Teresa nearby with little to no evidence the police could use. Somebody drives her car on the property and plants some remains in the pit. The bones in the pit are the only damning evidence. The valet key found by cops who weren't supposed to be there and other slimeball stuff means there is plenty of 'reasonable doubt' about the case.



posted on Jun, 10 2017 @ 01:07 PM
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originally posted by: SouthernForkway26
a reply to: strongfp
Linking the phone calls to the murderer is circumstantial, the Avery's had hundreds of cars and used autotrader relatively frequently. Teresa had been there before.

My belief is a yet unknown murderer killed Teresa nearby with little to no evidence the police could use. Somebody drives her car on the property and plants some remains in the pit. The bones in the pit are the only damning evidence. The valet key found by cops who weren't supposed to be there and other slimeball stuff means there is plenty of 'reasonable doubt' about the case.


Her remains were found in two separate spots. Down in a quarry and in the pit.
People testified against Avery saying he was not on the immediate property for some time, but saw smoke off in the distance. There's a lot of evidence and witnesses that the documentary are not telling.
Also, Avery had no explanation of his whereabouts the whole time. It's a little fishy isn't it?



posted on Jun, 10 2017 @ 01:30 PM
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Her SUV was found, partially obscured by brush, in his scrapyard.

The only thing I really question about the prosecution's case is the key fob found in his bedroom. Was it really under the slippers, or was it placed there? Why wasn't it found during the initial search?

That is a legitimate question.



posted on Jun, 10 2017 @ 03:03 PM
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originally posted by: 123143
Her SUV was found, partially obscured by brush, in his scrapyard.

The only thing I really question about the prosecution's case is the key fob found in his bedroom. Was it really under the slippers, or was it placed there? Why wasn't it found during the initial search?

That is a legitimate question.


The key, and bullet found in the garage where they say they shot her, yet found no DNA evidence, as in blood splatter or any other indication she was ever in the garage. They tried to say they had time to clean up, but if there was a place that was the exact opposite of a "Dexter Kill Room" it was that garage, if they killed someone in there, there should have been evidence left behind.

For me, there is motive (36 million dollars), and there was opportunity by the police to have framed the evidence. I'm not sure what side of the fence I fall on...but this case has made me think.



posted on Jun, 10 2017 @ 03:42 PM
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I saw the documentary, and they sure did present it in a manner of Avery and Dassey getting railroaded. I try to keep an open mind. Documentaries are meant to sway you one way or another, and I have never taken the time to read the full trial transcripts.

Guilty or not, the thing that I keep going back to is that garage. As messy and cluttered as that place was, there is no way in hell that Avery & Dassey could have cleaned up and destroyed every spot of blood splatter and dna. There just isn't. And if there is any possible way they actually could have done so, WHY would they leave the spent bullets behind?So, in my opinion, they either didn't do it in the garage or didn't do it at all.

Fascinating story though.



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