Thursday, February 27, 2020

Bulletin: Steven Avery: Wisconsin: The State has requested more time to respond to his latest appeal, FOX 11 News reports..."There was no immediate indication by the court if the request will be granted, but such requests – and the granting thereof - are not unusual. No hearings have been scheduled."


BACKGROUND:  Photographer Teresa Halbach disappeared on October 31, 2005; her last alleged appointment was a meeting with Avery, at his home on the grounds of Avery's Auto Salvage, to photograph his sister's minivan that he was offering for sale on Autotrader.com.[22] Halbach's vehicle was found partially concealed in the salvage yard, and bloodstains recovered from its interior matched Avery's DNA. Investigators later identified charred bone fragments found in a burn pit near Avery's home as Halbach's.[23] Avery was arrested and charged with Halbach's murder, kidnapping, sexual assault, and mutilation of a corpse on November 11, 2005. He had already been charged with a weapons violation as a convicted felon. Avery maintained that the murder charge was a frameup, promulgated to discredit his pending wrongful-conviction civil case. Manitowoc County claimed to cede control of the murder investigation to the neighboring Calumet County Sheriff's Department because of Avery's suit against Manitowoc County, however Manitowoc sheriff's deputies participated in repeated searches of Avery's trailer, garage, and property, supervised by Calumet County officers. A Manitowoc deputy found the key to Halbach's vehicle in Avery's bedroom. Avery's attorneys said there was a conflict of interest in their participation and suggested evidence tampering.[24] Avery's attorneys also discovered that an evidence box containing a vial of Avery's blood, collected in 1996 during his appeals efforts in the Beerntsen case, had been unsealed, and a puncture hole was visible in the stopper.[25] They speculated that the blood found in Halbach's car could have been drawn from the stored vial and planted in the vehicle to incriminate Avery; but FBI technicians tested the blood recovered from Halbach's car for ethylenediaminetetraacetic acid, a preservative used in blood vials but not present in the human body, and found none.[26] Avery's defense team presented expert witness testimony stating that it was not possible to tell if the negative result meant that EDTA was not present, or if the test itself was inconclusive...In March 2006, Avery's nephew, Brendan Dassey, was charged as an accessory in the Halbach case after he confessed under interrogation to helping his uncle kill Halbach and dispose of the body.[27] He later recanted his confession, claiming it had been coerced, and refused to testify to his involvement at Avery's trial. Dassey was convicted of murder, rape, and mutilation of the corpse in a separate trial. Wikipedia.

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STORY: "State requests more time  to respond to Avery's latest appeal," by FOX11 News, published on February 4, 2020.

GIST:  "Once again, the state is asking for more time to file its response to Steven Avery’s latest appeal. Avery continues to appeal his conviction for the 2005 murder of Teresa Halbach. In the latest appeal, filed in October, his attorney appeals a series of decisions by Sheboygan County Judge Angela Sutkiewicz. In all, ten different issues were raised. The state’s reply brief was originally due Nov. 13. Assistant Attorney General Lisa Kumfer asked for and was granted an extension to file by Feb. 11. But in a motion filed Monday, she again asked for an extension, court records show. There was no immediate indication by the court if the request will be granted, but such requests – and the granting thereof - are not unusual. No hearings have been scheduled. Avery’s nephew, Brendan Dassey, was also convicted. His appeals have all be denied. Gov. Tony Evers recently rejected his request for a pardon."

The entire story can be read at:
https://fox11online.com/news/local/state-requests-more-time-to-file-response-to-averys-latest-appeal
 
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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