I believe that they are convinced
that these issues that we've raised
and the scientific testing we've done and
the assertions we're making
have got to be litigated.
We have to have an evidentiary hearing.
And so, then we talked about the scheduling of it.
They want the chance to try to refute the evidence in court.
I could care less about what they think they can do.
I'm not worried about that. Um...
The main thing is that Steven gets another chance in court.
We agreed that we wanted the
alleged human pelvic bone from the quarry
microscopically examined
to determine whether or not this bone was a human pelvic bone.
We also talked about the car.
The logistics are lifting it out of the ground,
it's in this container,
but letting us have access to it and examine it.
There was blood on the outside of the rear cargo door
that Sherry Culhane said she couldn't link to Steven Avery.
There's also male DNA on the license plates
that they said was insufficient quantity for them to test in '05.
But this is 12 years later.
Steven was saved by a single hair on the rape case,
so I just feel like we have to do that.
We didn't reach an agreement on the parking light.
They are very resistant to having it tested.
Their position is that she did have that front-end damage
prior to the 31st of October.
Of course, they don't want it to be damaged afterwards
because it indicates the car was taken off the property.
We think, when we examine it, we can figure out what she ran into,
what the speed was, what the impact...
whether she's running into it.
I think it's much more likely the police crashed it into something
trying to get it back on the property.
It's of note to me that they're balking.
What it is, for me, is a red flag.
There's something about the parking light
they don't want us to discover.
This time, we won't leave no stone unturned.
Little bit longer and it'll be done.
I think, once we go to court,
I think it should be pretty well over, you know,
because there will be enough there that...
I might just be walking free.
I'm not really worried about that,
once I get into court and that, or if I gotta testify.
I ain't got no problem with none of that.
I think it would be terrific being in the courtroom with Kathleen.
She's working hard, and it's all gonna pay off for her.
Especially for me, my freedom.
- Synced & corrected by MementMori - -- www.addic7ed.com --
New information just in to the Action 2 newsroom.
Steven Avery's latest attempt at a new trial has been denied.
The judge turns down a request...
Denying Steven Avery's request for a new trial.
A Sheboygan County judge's six-page decision
dismissed several claims,
saying, "The defendant has failed to establish any grounds
that would trigger the right to a new trial
in the interests of justice."
Wisconsin Attorney General Brad Schimel says,
"I am pleased with the judge's decision,
which brings us one step closer
to providing justice to Teresa Halbach's family."
Avery requested a new trial, claiming he was set up,
after filing a $36-million lawsuit against Manitowoc County.
But today, a Sheboygan County judge
issued a decision and order
saying that no further consideration will be given to this issue.
We've got to get those dates diaried.
You've got to do the appellate date, the motion to reconsider date.
OK.
This one.
I got your email and I read the opinion.
What a disappointment.
Well, I mean, I think that there's a bunch of things wrong with it,
because there's five issues that we raised
that she didn't even address.
And then, within those issues, there's specific allegations
that total over 50 different items that she hasn't addressed.
Um...
We had an agreement with the prosecutors for the Attorney General
that we were gonna amend,
that we were going to do an evidentiary hearing.
We're even talking about the scheduling of it.
And then she just abruptly issued this very cursory opinion.
That is 'cause she probably didn't
yet know about the agreement
- with the AG, did she? - No.
OK, so, I don't know what the AG
is willing to do with you now,
but the best option, I think, would be if you get the AG on board
with an agreed stipulated order to withdraw this opinion.
OK. Yeah, I think that's what our plan...
Well, we communicated with them.
We sent an email out as soon as we got her order,
and they responded, saying that they would talk to us tomorrow.
So, I'd be drafting up a motion
that you'd be confident they would sign onto as well.
- OK. - And, uh...
And have that ready to go for your discussion tomorrow.
Yeah, that's what I think,
that we've got to file it, like, right away.
Yeah.
OK, thank you.
So, I think we ought to go ahead
and start drafting a motion to vacate
based on the agreement.
You know, I would like to be diplomatic about this opinion,
but it's hard to do that when I've got somebody's life at stake,
and on the receiving end of it is someone who obviously doesn't...
Who's making fundamental mistakes about
the underlying facts in the case,
and then is trying to go one-on-one with our scientist.
It's just not at all what a judge should be doing.
She should be having a hearing,
weighing the evidence and determining credibility.
Then she can decide. If she wants to deny it, fine.
But then we all have the benefit of the appropriate record
to take up on appeal.
But the message we're getting is,
"We want you and your team and your experts to go away,
and we want Steven Avery to die in prison quietly.
Please, quietly.
Stop looking at it. Stop talking about it."
- Hello? - Hey. Hi.
- How are you? - Ah, pretty good.
Good, good.
So, you haven't actually seen the opinion, right?
No.
Yeah, 'cause what the judge is trying to do is say,
because you, in your pro se petition,
uttered the words "ineffective assistance of counsel,"
she wants to bar all future references to that in our petition.
So, I may be raising your ineffectiveness in your petition.
Isn't that crazy? I mean, really, when you think about it.
The main thing, though, is tomorrow, I'm gonna talk to Tom Fallon
about our agreement to do this additional testing.
And that's when we'll find out,
are they going to try to deny we have an agreement?
Are they... What are they gonna tell us?
So, that will be kind of key.
If they agree that we have the agreement,
which we did, in fact, get from them,
then we would try to file the motion to vacate her order.
Yeah, that would be good.
That's the quickest way to correct this.
Unless they're back-dooring us, the DA is.
Yeah, that's the thing that we have to clarify tomorrow.
The prosecutor, Tom Fallon,
is acting as surprised as we are that the judge issued this ruling.
But you know what this is like.
I mean, you went through this before.
Oh, yeah.
Well, you think something's gonna happen,
and you just get shut down.
Yeah.
I'm kind of used to that.
That's why I didn't get worried about nothing.
Me, either. 'Cause...
'Cause I've been in so many situations where...
I mean, I guess, just like this, where you look...
You know, a trial judge does something,
and you're just perplexed by it.
But you can't let it get to you emotionally.
- Don't you think? - No.
Well, yeah, because, you know,
you figure the DA didn't file nothing,
so why is she ruling, you know?
It didn't make no sense to me.
Yeah. So, what I want to do is just get this record in shape...
for the appellate court.
Because my experience has been it's the appellate,
it's the higher courts that make the decisions to exonerate someone.
Yeah.
- OK, we'll talk tomorrow. - Alright, then.
- Take care. - Have a good one. Bye-bye.
Let's get going, OK? We've got stuff we need to do.
So, what we have to finalize is,
we have to present it to the prosecutors
in a certain way, so they don't...
I don't want them to feel like
we're trying to backdoor them in any way.
It's got to be presented exactly like it went down at the meeting.
- Yes. - Yeah.
Then we need to put in a paragraph about today's conversation.
We ought to say, "Prosecutors stated that they would not...
stated that they would not join in the motion,
uh, but they would not object to it."
OK, on ten: "Additionally, prosecutors and defense counsels agreed
that if an evidentiary hearing was necessary
to resolve the issues in the amended petition,
the evidentiary hearing could last four weeks or more."
We could say, "The defendant did not anticipate... "
"The current order."
Yeah, "The court filing its order...
before the defendant
- could notify the court." - Yeah.
So, Kurt, I've got the file stamp, so it's on there.
He forwarded it to you. So, send it to all of the media outlets.
- You got it. - I'll put up a tweet.
The email is ready, and I'll have the attachment.
OK, so, now we'll see what happens.
At least we know we've done our part.
Now we'll come at her with an amended petition.
- Yeah. - Like, right away. We'll just...
The idea is just to make her feel like...
She's being bombed.
- Yeah. - We're doing...
I think it will work.
Yeah.
Well, it'll give her something to think about.
Is she really gonna preclude the testing,
you know, that we've agreed to?
Yeah. I don't think so.
Yeah. But you never know, so...
We may have to go to Plan B.
Does it, you know, deter me?
No, it renews my focus.
Something much more devastating happened in the Ryan Ferguson case.
And I remember I was sitting in Doug's office,
and when I stood up, it just kind of...
It was like someone had punched me in the stomach.
Um, but then, that feeling, like, lifted,
and then I just felt a very controlled rage
about what I was gonna do to undo it.
In the Wisconsin statute,
motions to reconsider can be filed even years later,
uh, with new evidence.
So, we put all of the new evidence in.
We focused on these porn searches
and on Bobby Dassey.
We attached
the affidavit of his brother, Bryan,
which just flatly contradicted Bobby's trial testimony.
We focused on all the suspicious activities with Scott Tadych,
and we had our Brady witness that placed the car
close to Scott Tadych's residence.
So, we packed all the new evidence into our motion to reconsider.
Steven Avery's attorneys pushing once again for a new trial.
In this motion, Avery's attorneys
claim Bobby Dassey's computer
had pictures on it of dead bodies of young women.
She also claims Halbach and her vehicle left the Avery property.
Zellner alleges Bobby Dassey
and his now-stepfather, Scott Tadych,
gave false testimony to cover up that
they assaulted Halbach on a highway
after she left Avery's property.
We filed the motion to reconsider,
and that resulted in a really revealing,
but extremely hateful, hostile phone call.
Steven calls to talk to Barb,
and then all of this, you know, yelling and name-calling starts,
with Scott Tadych, uh, you know, yelling at Steven
'cause he's so furious that there's been any scrutiny of him.
And it led to Scott and Barb making these really amazing admissions.
They admitted that they knew that
Teresa had left the property that day.
That, for some reason, provoked Barb into talking to Bobby
about exactly what he had said,
uh, you know, what he was claiming
about Teresa's visit to the property.
A new version emerged, according to Barb,
which she posted on Facebook, from Bobby,
that he actually had never seen
Teresa walk towards Steven's trailer,
which, of course, means he committed perjury at the trial.
We then took that information and that phone conversation
and we filed a supplement on November 1st.
What she's saying
is Steven Avery's postconviction efforts are over.
She wouldn't care what we filed.
I could have filed a videotaped confession.
She's relying on this 1994 case to say,
"There can be no successive petitions."
Well, there can be, and that's how most people
ultimately get relief.
It's on successive petitions.
And the Wisconsin statute provides for filing a motion,
amending it, supplementing it, whatever.
But we've got a very politicized situation here,
and this is very political,
and I saw what happened with Brendan Dassey.
I mean, Brendan Dassey's judge at least had the hearing
and then he ruled against him.
And then the appellate court did a per curiam opinion.
And then the Supreme Court didn't take it.
So, I'm not expecting a warm welcome in Wisconsin.
I'm really not. Um...
But I'm just going to stay in Wisconsin
until I get them to recognize that this forensic evidence,
which resulted in Steven Avery being convicted,
has been fabricated.
And so, I'm just gonna keep banging on the door.
That would be this burner.
Nope, that's not the right one.
Allan, would you come in here?
Your stove is stupid.
Allan, come here!
Hey, can you get up and help me here?
- Huh? - Come and help me!
I can't.
Well, just get up, then, if you can't.
I think she's worse now than she was before.
I think she takes too many pills.
That can do it.
What do you want it on?
- Is it hot? - Huh?
Is the burner hot?
- Put it on? - Yeah.
Is that the right one for that?
Huh?
Is that the right one for that burner?
Don't act stupid.
I ain't gonna stand here and stir.
It would help if Stevie was home.
I don't think Stevie would want to live here at home, you know?
But...
I know it would help her. I know that.
I think it would help her tremendously.
Winning cases requires that
the attorney presenting the case
knows the case better than anyone who's in the courtroom,
anyone that ever picks up, you know,
the documents and looks at the case.
It's incumbent upon the attorney to know every single detail.
And it's sort of a joke in my office.
I let my clerks do a lot of analysis and work
and give me memos and all that,
and I trust no one.
And so, I always go back.
I had never looked at the underlying reports of Eisenberg.
And so, I was going through her notes,
and what caught my eye was the numbering of the tag numbers.
I, of course, knew 8675 was the quarry pile
with the pelvic bone in it.
But then I saw on the sheet of paper a different numbering sequence
in the 7400s.
This was different evidence. These were different bones.
And then I started reading the content of it
where, in great detail, Leslie Eisenberg has documented
that there are more human bones.
And then I'm noticing not only that,
but she's documenting that they have cut marks on them.
There's no indication that these bones
belonged to more than one person.
They're not duplicate bones.
We don't have three different pelvises
or scapulas or femurs. We don't.
And so, then I went back to my clerks and said,
"Take these numbers, these tag numbers, and trace them."
One of my clerks came back and said,
"Well, there is further documentation of the coordinates."
I told them to get the coordinates, to make a map for me.
I wanted to understand where those bones were coming from.
There are many, many more human bones
over in the Manitowoc gravel pit.
The two new piles are even further away.
They're closer to Highway Q
than they are to the Avery salvage yard.
And then a little distance from them
is the pile with the pelvic bones,
but lo and behold, there's another bone in there, too,
that she described as being human.
So, all three piles of bones
are all on the Manitowoc gravel pit.
That discovery
would have changed everything at trial.
If the jury had heard that there were numerous human bones
over in the Manitowoc gravel pit,
not one possible pelvic bone,
it would have changed everything.
All three quarry piles
have human bones with cut marks.
Yes.
Again, this points away from what the State's theory was,
because the State's theory is the body isn't cut at all.
Ah.
- Not at all. - Not at all?
- Nope. - Even though it's in the report?
- The anthropology report. - It's not cut.
I mean, the State's theory was that the body was burned,
not dismembered, it was burned, in the Steven Avery burn pit.
So, what does this list mean?
When you find sharp trauma and then burn,
that's highly suspicious you got some dismemberment going on
or alteration of the evidence or the victim,
and that's extremely important in a case like this.
When people suddenly figure out
that there's a dead body in front of them,
they need to get rid of them, they're hard to move.
And so, that's when a lot of my cases get involved,
is just to dismember, to transport the body easier,
or to fit it someplace it couldn't fit otherwise.
You can actually see some cut marks here.
So, there is some tool marks.
And then there's a couple other features. I put a scale in it.
That black thing is just a piece of my scale from down below.
OK, so, this one I recognize. This is from
the Dassey-Janda burn barrel.
- So you think... Where's the... ? - I'm glad you keep up with it.
Anytime you see a straight edge manipulation of bone,
it's usually a cut mark.
That looks like a very thin saw,
so I'm thinking the narrowest possibilities.
So, I tested three or four hacksaw blades and a meat saw.
So, the hacksaw is pretty much your narrowest saw,
except for some really unusual
jewelers' saws and things like that. So...
One of the interesting things
about the dismemberment in this case:
the people that are our Denny suspects are deer hunters.
And in deer hunting, when a deer is dressed,
it's... what you're saying...
It's a nice way of saying you're dismembering,
and the meat's removed and then you're dismembering the skeleton.
So, hacksaw blades are used, sharp knives are used,
and a person would have some awareness of anatomy,
of cutting into a joint and how to do that effectively.
So, they would be... It's different
than the average person
who might be repulsed by the idea of dismembering.
It's still hard to imagine anyone could dismember a human body.
But certainly they have some of the mechanical skill
that would be necessary for dismembering
that you wouldn't see in other cases.
Dr. Eisenberg documents the equivalent...
I think it adds up to 1.7 pounds of skeletal remains.
Yeah.
And on a cremation,
what's the weight of a body when you don't have missing bone?
It's around ten pounds or so, depending on the person
and the cremation technique and everything else.
So, we've got...
We're looking at 10 or 20 percent,
and that's nowhere near the real story.
And I think the jury's getting the same thing.
I don't think they're getting everything.
Obviously, a lot of the body is represented,
but a lot of the bones are not there.
And when you burn up a body,
for example, the ribs...
You've got 24 ribs, and they're fragile,
but they're hard to burn up.
There should be rib fragments everywhere.
And, uh, I just don't see that.
So, I think... And vertebra.
I don't see... The vertebra bodies are spongy bone.
They survive a fire quite well, even after they're calcined.
Uh, they stand up pretty well.
We're just missing bones that hold up in a fire.
I don't see them. I don't see much.
What would be the explanation for bones being missing?
It wasn't the fire that destroyed them.
Well, I can tell you what I see over and over.
People think it's easy to burn a body up, and it's not.
And when they get frustrated,
and you still have the whole core body left
after you burned off everything else,
you take that and dump it someplace else.
I've seen that in this country numerous times.
I've seen it internationally numerous times.
These bones in the quarry
I'm gonna take about 20 seconds to talk about,
because the best anybody can say
is that they're possible human.
What does "possible human" mean?
Well, it means we don't know what it is.
Alright?
The best anthropologists in the world
don't know what these bones are,
even through testing, what's called mitochondrial DNA testing,
whether they're human or not could not,
even by the FBI, be determined.
So, the bones in the quarry are really not evidence in this case.
And so, Mr. Strang's made a big deal out of showing you maps
and a little flag and things like that about possible bones.
Again, speculation, conjecture, is not part of this case.
Facts are gonna be what decides this case.
You know that in the defense,
you've got to establish that she was killed elsewhere.
And here are a pile of human bones in the gravel pit
where the suspected pelvis is.
And those bones have been documented
by the State expert as being human.
Not possibly human, but human.
And then some of them have cut marks on them.
So, between the defense attorney and their expert,
that's what you really call "dropping the ball."
So, the jury's sitting there,
having the State just minimize the pelvic bone.
I mean, Kratz said that he would spend
no more than 20 seconds on it.
But he would have had to have spent a lot more time
on numerous human bones over there,
some of which had cut marks on them,
that might've given him pause past 20 seconds.
But certainly with the jury,
that would've been a huge part of the argument that was made,
that she wasn't killed on the Avery property.
She left the Avery property.
She was killed, dismembered, and burned over in the gravel pit.
Which is right where her cell phone activity puts her.
All of it fits.
And cases always fit.
When you find out what the truth is, it all fits.
So, the goal here is to get to the truth
of what happened to Teresa Halbach.
We're not trying to, um, just stir up trouble.
We're trying to find out what actually happened to her.
And what the State said happened to her
isn't remotely close to what happened to her.
Significant evidence has been discovered over the past 24 hours
at the Avery salvation... salvage yard.
I found out from the media
that there was possibly some remains found on the Avery property.
There was a press conference that was on television.
I believe it was November 9th, around 3:00 p.m.,
that that was confirmed.
They feel that the evidence that they are...
that has been collected and that they are analyzing
is that of human in nature.
Prior to that, I had no knowledge or reports
given to me by police or detectives.
I did keep some notes when things started,
with hearing things in the media, phone calls.
Um, so, I did keep notes, dates, times.
I called, um, Officer Wiegert, Detective Wiegert,
that evening of the 9th.
And at that point, he told me they just overlooked calling me.
Um, and I told him I wanted to come out to the scene.
They told me the scene was closed for the night.
And I said, "OK, that's fine.
But why didn't you give us some kind of report,
some kind of a heads-up as to what was going on?"
And then he commented to me at that time, very rudely,
"Well, I don't have to call or tell you about bones."
And I said, "Oh, yes, you do."
It's the law, it's the statute, 979,
when there is a deceased body or remains,
that a coroner or medical examiner are always notified.
They handle the medical forensic side of the body.
The next day, in the morning, I was going to go out to the scene,
and I was called to a meeting by Sheriff Peterson.
I thought, "Oh, good, I'm finally getting...
I'm finally getting a meeting.
I'm finally going to get an update on what's going on
and when I will be able to come out to the scene."
But when I got there, at that time,
I was told I will not be going out to the case,
I will not be going out to the scene,
and if I do, I will be arrested.
And actually, in the State of Wisconsin,
the coroner is the top law enforcement official
when there is a body or remains.
And the coroner is the one who can arrest the sheriff.
So, he's threatening to arrest me?
I could tell he meant it, and when he told me that, I left.
I walked out.
And then, shortly after that,
I got a call from the county exec:
"You need to stay out of this conflict of interest
because of the Avery case and the $36-million lawsuit."
And then it was a few minutes later
I got a call from the county attorney:
"Deb, you need to stay out of this case
because of the conflict of interest
and the $36-million lawsuit."
And I questioned them.
I said, "What are other officers doing
out there from Manitowoc County
when they should not be out there?"
I said, "I've never been involved in a previous Avery case.
My office is separate from the Sheriff's Department."
And it just ended by that.
I never did get out to the scene. I was never given any information.
I was never allowed to do my job.
I was supposed to be an advocate for Teresa.
That was my goal.
And when you can't do that...
you just have this bad feeling that you failed,
you failed that person.
To my knowledge, there was no coroner there.
There was no forensic anthropologist or medical examiner.
The defense calls Ms. Debra Kakatsch.
When I walked into the courtroom and took the stand,
Attorney Kratz, he just looked at me, just staring me down.
That told me the whole story.
Did you, um, in November of 2005,
come to learn of some suspected human bones
found on or near the Avery property in Manitowoc County?
- Yes, I did. - How did you learn about that?
From television.
What did you do after you saw on television
something about the discovery of possible human remains?
Well, I got a few phone calls,
and particularly from my deputies,
as to what the plan of action would be.
Your Honor. I'm sorry, Your Honor.
I think we need to be heard outside the presence of the jury.
At this time, the court
will excuse the jurors for a few minutes.
I would ask, what is the relevancy of this?
The Manitowoc County Corporation Counsel
wanted to remove all Manitowoc County
officials from this investigation.
And to come in now
because, perhaps, some disgruntled Manitowoc County employee
didn't like that decision.
I don't see the relevancy at all of this.
Neither Ms. Kakatsch, nor the Office of Coroner,
nor anyone in the coroner's office,
had any prior involvement in Steven Avery's civil lawsuit.
Um, hadn't been deposed, hadn't been interviewed,
had no statutory responsibilities for the 1985 crime.
And, um, yet her office was walled off entirely
from performing its lawful duties
in connection with the discovery of human remains.
I don't see how anything the coroner would've done,
um, would've somehow contributed
to a less biased investigation in this matter.
The court is not going to allow it.
I wasn't up there long on the stand at all.
I loved my job.
But I couldn't do it anymore.
When was gonna be the next threat of arrest, intimidation?
I didn't feel safe going out on calls at night.
So I had to end it.
This morning,
the court ruling that could have led to freedom for Brendan Dassey.
Instead, a federal appeals court narrowly
decided to uphold his conviction,
keeping him in prison.
Brendan Dassey won two court battles before this new ruling,
which could keep him in prison for the rest of his life.
That federal appeals court finding he was not intimidated or coerced
into confessing to rape and murder.
It's clear he's been very resistant up to that point.
Very reluctant.
He's telling a contradictory story that doesn't make any sense,
and they're calling him on it.
It comes out very slowly and painfully, but he volunteers it.
The investigators made my skin crawl watching this video,
this lulling behavior that they conveyed,
which was so dishonest, so dishonest.
Now imagine it is not an average person,
but a 16-year-old with a very, very low IQ
who is extremely suggestible.
It's been overturned two times already.
You know, if you overturn it one time,
and then the other two, three judges overturns it,
you know, if it was anybody else,
he would've been out, walking away.
With this case, it's different.
You know, you ain't walking out.
Why do you think it's so difficult?
Well, because they don't want to be wrong,
and it's a high profile case.
It's gonna be more harder for the State to let it go...
because they are wrong.
I still believe that it's going to happen.
'Cause they can't stop the development of science,
and they can't stop the information that we have,
that it will fall apart on that.
That should make Brendan's case fall apart, too.
Well, yeah, it's gotta collapse.
When you're innocent, it's gonna break down sooner or later.
That's what I think, too.
I ain't gonna give up.
No, you can't.
I was just reading a book about postconvictions,
and they said the biggest problem was
that people eventually just stop.
You know, they just stop filing stuff.
Yeah. Well, they know...
- They know me by now. I don't stop. - Yeah.
No, I think...
I think... I think they might've gotten that.
You know?
Since we learned that we lost
before the en banc 7th Circuit,
we have begun taking steps
to get Brendan's case before the US Supreme Court.
The United States Supreme Court gets thousands of requests
to take cases each year.
And out of those thousands,
they take about 80 cases.
This case has never been about the odds,
it's about overcoming the odds.
So, to increase the chances that the court will take the case,
we decided we would seek out the best lawyers we could find
to help present the case to the Supreme Court.
Seth Waxman was the US Solicitor General
under President Clinton,
in charge of that administration's cases before the Supreme Court.
He's argued 80 cases before that court.
He knows what they need to hear.
A day does not go by
when I don't hear Janet Reno's voice in my head saying,
"You're gonna be criticized no matter what,
so why don't we just do the right thing?"
He is the person who had the juvenile death penalty
declared unconstitutional.
There are not that many lawyers
who appear with any regularity before the Supreme Court.
Seth Waxman is one.
The Supreme Court views its most important function
as ensuring...
the uniform and harmonious application of federal law
throughout the United States.
If you look at cases involving juveniles
or persons with limitations
and how the voluntariness of their confession is being evaluated,
you can see an astonishing degree of inconsistency
in how the special...
how or whether the special care standard is being applied.
Back in 1948, the Supreme Court said
courts must analyze confessions
from juveniles and from the mentally impaired
with special care, with the greatest care.
Since that decision,
there has been silence, for the most part, from the court,
and it's left, um, a lot of confusion in the state courts.
It's not confusion because the law is unclear.
It's confusion because the courts are either ignoring or misapplying
what is clear Supreme Court precedent.
It's been 40 years since the United States Supreme Court
even looked at the question of juvenile voluntariness.
Since 1979, so much has happened.
There's been an explosion of knowledge
about the problem of false confessions,
a realization from social science and psychologists,
and lawyers who have proven their clients innocent through DNA,
that children are more likely to falsely confess
to crimes they didn't commit,
and that the courts are not doing enough
to protect kids when that happens.
It's really very, very important
that the court take this case
and model for state and federal courts
how one evaluates a confession by a juvenile,
and a juvenile with rather significant intellectual
and social deficits.
I think the entire country has an interest
in having the Supreme Court hear this case.
I mean, every one of us...
wants a system of criminal justice
that ferrets out the perpetrators of crime
and punishes them appropriately,
but that also respects the individual liberties
on which our country was founded.
We need only four of the nine justices
to agree to take the case.
After a bunch of back and forth,
all of the sudden, on April 17th of 2018,
Mr. Fallon has mailed to my office, in an original evidence package,
with evidence tape on it, the CD.
So, he disclosed it to me as if it were an original disclosure.
Brady requires a timely disclosure.
So, if you look at the fact that the Velie report,
the forensic analysis of the computer,
was completed on May 10th of 2006,
the Fassbender report was not turned over
even mentioning the CD
until December of 2006.
And the Fassbender report says,
"The disc received from Detective Velie,
as well as the hardcopy pages of instant message conversations,
were maintained in Fassbender's possession."
So, 2,400 pages of evidence is kept by Fassbender
and not given to the defense.
It was never, ever given to
the trial team, the appellate team.
It was not disclosed until it was given to me.
The Velie CD was withheld because
it would have destroyed the credibility
of the State's star witness.
Bobby Dassey is an eyewitness,
an eyewitness without any bias,
is an individual that deserves to be given a lot of credit,
because sometime between 2:30 and 2:45,
he sees Teresa Halbach taking photographs.
Mr. Dassey is looking out this window,
a clear view,
sees the pictures being taken of the SUV.
A clear pathway, and as she walks towards Mr. Avery's,
that's the last Ms. Halbach is seen.
That's the last she's seen alive. OK?
So, that's the, um, timeline.
That's the, uh, pathway, if you will,
towards what happens to Ms. Halbach.
Mr. Kratz, in the opening and the closing,
talked about how credible Bobby Dassey was,
there would be no reason for him to lie,
that the jury should believe Bobby Dassey
because he's just this independent witness
that's got no motive to lie.
And so, it was imperative that that CD be withheld,
because that CD showed
the kind of demented, twisted, sadistic mind
of somebody capable of committing a murder.
So, from their opening statement,
the defense would've told the jury
that they were going to hear from a State witness
that most likely was the person who had killed Teresa Halbach,
and they would've talked about his opportunity, motive,
and that he was going to be lying to them.
And then, when he got on the stand, they would've confronted him,
and the jury would've seen these images.
I mean, do we really think a jury would've
listened to Bobby Dassey describe anything
if they had seen what was on the computer and what he was doing,
that he's searching for these images of torturing young women,
many of whom look like Teresa Halbach?
He's got pictures of women blindfolded,
gagged, tied up, dismembered.
And so, he would've been attacked with all of that.
He would've been totally discredited in his testimony
that Teresa never left the property.
I can guarantee you, Steven Avery would never have been convicted
if that evidence had come in that's on the CD.
He would not have been convicted.
... on count one
is signed by the foreperson of the jury, dated today.
The other verdicts are also signed by the foreperson of the jury.
The reason this ranks so highly
on the scale of Brady violations
is we will be able to show that this was
deceptively withheld by the State.
Kratz creates an index of discovery
which doesn't match anyone else's index of what's been turned over.
But right at the end of it, he puts an entry that says,
"Brendan Dassey's computer. Seven CDs."
Well, bunch of things wrong with that.
It's not Brendan Dassey's computer, and there were never seven CDs.
There were seven DVDs and a CD,
and the CD is what has the analysis on it.
The CD is what you can just pop in a computer
and pull up and look at,
and you don't have to have the in-case program,
like the DVDs require.
But I believe what he was doing is,
he was trying to hide the fact that Fassbender still had the CD.
It had never been turned over.
So, he's thinking that Buting and Strang and their paralegals,
and you're in this big flurry, getting ready for trial,
you're gonna look at that entry and think,
"Oh, well, we must have that.
By the way, it has to do with Brendan's computer.
We're not gonna get involved in looking
at stuff on Brendan's computer.
We've got to focus on the rest of the evidence
that pertains to Steven and the case."
And so, it's just so slippery, the way that he did that.
So, that's the first thing that Kratz does.
And then this stipulation proposal
was sent by Mr. Kratz on January 25th of 2007.
The trial started in the early part of February 2007,
so it couldn't be any closer to the trial date.
So, stipulations are pretrial agreements between each side
about evidence that you both agree on,
and so you don't need to bring witnesses in to testify.
It's a way to streamline the trial.
So, in paragraph R, Mr. Kratz says,
"Computer analysis of Steve, Teresa, and Brendan's computer... "
Of course, this is not Brendan's computer.
"Mike Velie of the Grand Chute Police Department
analyzed the hard drives of these three
and found nothing much of evidentiary value."
"This stip eliminates Officer Velie as a witness."
"Nothing much of evidentiary value"?
Yeah, for the State, there's nothing much,
but there's something huge for the defense that he's kept from them.
Of course, where the deception is,
is in labeling it as Brendan's computer.
It's not Brendan's computer.
Brendan's the person using it,
you know, less than anyone in the family.
But Kratz knew... It's very clever.
He knew if he told them,
"Oh, Brendan's computer. We did a forensic analysis.
And, oh, you guys are really lucky.
There's nothing on there of evidentiary value."
You're not going to say, "Wait a minute.
You know, we want to dive deeper into this
and really start looking at what's been disclosed."
So, it was just a complete...
They were completely duped.
It's...
This isn't just an academic discussion.
This is about depriving someone of their life.
Because being locked up, life without parole,
um, in a little cage for the rest of your life,
it's just about as bad as it gets.
And when you find out that you're there
because the other side tricked and lied to your attorneys,
um, it doesn't get much worse than that.
It's hardly the prosecutors seeking justice.
You can't tell one lie without it getting uncovered.
And their one lie snowballed into a whole bunch of other stuff,
and I just don't think the county knows
how to get out from under that.
Good things are coming.
The future is gonna hold good things for Steve and Brendan.
They're gonna get out, they're gonna live
happy, healthy lives and...
and put this all behind them.
That's what they need. The whole family needs that.
Free Steven Avery! Free Brendan Dassey!
- That was awesome. - Justice!
Free Steven!
Free Steven...
The implications of this case has a much wider reach
than just Wisconsin,
and certainly wider than Manitowoc.
So, to me, it's about the bigger issue of how did this happen,
and how can we prevent it from occurring again in the future?
Guilty!
Innocent!
I got two bullets for them!
For Justice!
- Free Brendan! - Free Brendan! Free Steven!
Until all is changed and they start holding prosecutors accountable
for their actions, this will continue to happen,
to not only Steven, but to more children.
How's the boy?
- He's hanging in there. - Yeah.
- It would be better if he was here. - Yes, it would be.
He's gonna be home soon. I have a good feeling...
- He is gonna be. - I sure hope so.
Yeah, next week, the Supreme Court is gonna be reviewing
whether or not they're gonna take Brendan Dassey's case.
Um, and, man, I really hope they do, you know?
And I hope they really take their time
and look through the evidence and...
and see the truth.
Free Brendan! Free Steven!
I want my son home and I want my brother home.
Free Steven Avery! Free Brendan Dassey!
My family did not do anything.
Meaning Scott, my son Bobby,
Brendan, Steven.
I know they didn't do nothing.
They're all innocent.
My whole family's innocent.
So, I think they ought to let them out...
and let us go on with our lives.
Today, you're right, we had a couple more non-decisions.
The court deciding not to take up two disputes,
that there had been some real thinking
that the court might wade into...
The Supreme Court said it's not
going to take the case of a young man.
He was convicted in a brutal murder,
and the only evidence against him was his own confession.
Today's Supreme Court decision
not to hear Dassey's appeal
means that lower court ruling will stand,
as does his sentence of life in prison.
Justices did not say why they won't take the case.
It was Dassey's last option for appeal.
Wisconsin's Attorney General saying
he hopes Teresa Halbach's family
can now find some comfort and closure
with the court's decision.
Dear people in the world.
Thank you for listening to me.
It means a lot to know there are many people who believe in me.
I am innocent of the rape and murder of Teresa Halbach.
My confession is false.
It always has been.
I thought I finally had a chance at life.
I am going to keep fighting to go home.
I still hope that someday the people in charge would realize
they made a mistake.
Until then, I am staying strong for myself, my mom, and my friends.
Thank you for helping me stay strong.
Sincerely, Brendan Dassey.
This story...
you know, the story of Steven Avery's life,
whether I win in court
or just making known what happened to him
if he doesn't survive,
um, is something that I'm completely committed to doing.
Because it is such, um, a tragic story.
So, it's a difficult thing to know that
we're so far down the road on it
and that everything's mobilized against us.
But it can be done.
It still can be done because there's so much evidence.
It's not just the jury that didn't hear the evidence in this case.
It's the judges.
They have yet to be given the true story
of what happened to Teresa Halbach.
They're just responding to what they have.
They can't go out and investigate. They can't hire a scientist.
And so, you can't fault them at this point.
I still believe in the fundamental fairness of the courts
if you give them the evidence.
No one's done that yet.
No one has done that.
And that's why we're taking it up on appeal.
We're trying to give them this evidence.
And if they say, "No, it isn't enough," or "It isn't, it's partial,"
then I'll go back and I'll get more.
But, I mean, it just... It is what it is.
He's been wrongfully convicted twice,
and my job is to prove that.
The supporters don't know what to do
because it's taking so long.
When you're fighting for your innocence
and you need the truth out, it takes time.
You got to give the lawyer time so she can doit a good job,
so we can just throw it out, you know?
It's just one, two, three, you're locked up.
And then it takes forever to get out.
You know, and that's the way it is.
Hurry up and get in, and take your time on the way out.
But then, when you got the proof there,
that's one, two, three, you're out.
Like the first time.
They ran the DNA, and then boom, I was out.
So, now we gotta do the same thing on this.
- Synced & corrected by MementMori - -- www.addic7ed.com --