PASSAGE OF THE DAY: “The untested items of evidence that Mr. Avery requests to conduct testing on are as follows: the driver and passenger seats, the dashboard, the near shift, the steering wheel, the interior and exterior hood latch release, the broken blinker light (Item A15). the hood prop, the battery cable, the battery, the rear cargo area, the interior and exterior cargo door, the lug wrench (Item A16). and the license plate,” the motion states. “The touch DNA testing performed on the items described above has the potential of identifying a third-party who may have committed the murder of Ms. Halbach, or in the alternative, has the potential to further implicate Mr. Avery in her murder.”
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STORY: "Steven Avery requests new scientific tests on car evidence in Teresa Halbach case," by Reporter Brian Kerhin, published by Fox 11 News, on March 15, 2024.
by Brian Kerhin, FOX 11 NewsFri, March 15th 2024 at 9:10 AM
GIST: "MANITOWOC (WLUK) - Steven Avery has filed a new motion, seeking scientific testing relating to evidence in the car of murder victim Teresa Halbach.
Avery is serving a life sentence for the 2005 murder of Halbach, a freelance photographer.
Avery's nephew Brendan Dassey was also convicted. Their cases received worldwide attention with the 2015 release of the Netflix series "Making A Murderer."
The 11-page motion, filed Thursday, asks for testing for “touch DNA evidence in the vehicle.”
“The untested items of evidence that Mr. Avery requests to conduct testing on are as follows: the driver and passenger seats, the dashboard, the near shift, the steering wheel, the interior and exterior hood latch release, the broken blinker light (Item A15). the hood prop, the battery cable, the battery, the rear cargo area, the interior and exterior cargo door, the lug wrench (Item A16). and the license plate,” the motion states.
“The touch DNA testing performed on the items described above has the potential of identifying a third-party who may have committed the murder of Ms. Halbach, or in the alternative, has the potential to further implicate Mr. Avery in her murder.”
Avery’s attorneys contend this testing would be allowed under a 2007 order by the judge who was then handling the case, and this type of testing has not been requested previously.
Prosecutors have not responded to the motion.
The new motion is in addition to an appeal pending before the state appeals court. In that case, Avery's attorney is appealing a ruling denying him a new trial or hearing on claims there is an alternate suspect actually responsible for Halbach's death.
Prosecutors have a deadline next month to file their reply brief in that proceeding. It will likely be several months before a decision is published.
Dassey has no appeals pending. His latest appeal was rejected by the U.S. Supreme Court in 2018."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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/
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/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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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.
https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801
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MORE VALUABLE WORDS: "As a former public defender, Texas' refusal to delay Ivan Cantu's execution to evaluate new evidence is deeply worrying for the state of our legal system. There should be no room for doubt in a death penalty case. The facts surrounding Cantu's execution should haunt all of us."
