My Thoughts on Zellner’s 8/26/16 Motion

My Thoughts on Zellner’s 8/26/16 Motion

By Jax West

We have been waiting for days for something big to come from Kathleen Zellner, Steven Avery’s attorney.  She has until Monday the 29th to file her brief so we knew it was coming.  You can read the whole 8/26 motion here: http://www.stevenaverycase.org/wp-content/uploads/2016/08/Avery-8-26-16-Motion-for-Post-Conviction-Scientific-Testing.pdf

But I am going to read it now and discuss my thoughts with you as I read it.  Before you ask, no,  I am not an expert on the law.  So I am just like most reading this, and can be easily confused by legalese.  But I am going to go over it regardless.  Ready?  Here we go…

What I get from this is since she has to file her brief on Monday this is her asking for another extension as she wants to test a bunch of evidence.

Zellner says that Teresa Halbach disappeared after she completed her assignment at the Avery Salvage Yard.  She said she left and her last call forwarded a message at 2:41pm that pinged off the Whitelaw Tower which is approximately 13.1 miles from the Yard.

Teresa’s voicemail had a 21 message capacity and a review of her records indicates that 5 were deleted on October 31, 2005 and another 11 voicemails were deleted before 7:12am on November 2, 2005.  The ex-boyfriend Ryan Hillegas called her at 6:42pm on November 1, 2005 and her voicemail was full.  So 16 voicemails were deleted yet she wasn’t reported missing until November 3, 2005.

Zellner claims Officer Andrew Colborn found the RAV4 on November 3 and called dispatch from his cellphone to confirm the plate number.  According to MCSD reports, the RAV4 was seized on November 3rd.  But it wasn’t discovered by Pam Sturm at the Yard until November 5th.  Zellner claims that the RAV4 was moved to the southeast corner of the yard the evening of November 4 after Calumet County Sheriff Jerry Pagel and Investigator Wendy Baldwin [She’s the chick you hear on MaM when they go in Steven’s trailer say all those nasty things] conducted a flyover of the Yard.  Zellner claims it was moved from the Fred Radandy Sons, Inc quarry using the conveyor road that led onto the Yard property.

After the RAV4 was “discovered” at the Yard and officers secured the property and prevented the Avery family from being on prmises, the Manitowoc County Coroner Debra Kakatsch was not informed of a murder by law personal and instead learned about it by watching television.  There is no record of her being allowed onto the property during evidence collection.

Why is this important?  As the story goes, at some point there was a hit and run call.  MCSD were at a party, drinking, and they rush to the scene.  What do they do?  They run over the victim on the street.  They then asked the coroner to put in her report that the victim was already dead prior to them running him over.  She refused saying it would only go in her report if that is what the evidence reflected.  So it was clear she wasn’t a “team player” and wouldn’t play along.  They absolutely would not want her on the scene if they are planting evidence.  Back to Zellner..

Zellner alleges the blood evidence in the RAV4 was planted prior to it being found on Nov 5.  They entered Avery property twice on Nov 7 prior to the charred bones and key being discovered on Nov 8.  Lenk and Colborn testified they doung the key on Nov 8.  Lenk was searching the garage when bullet fragments were discovered.

Non-law enforcement people were allowed on the property when it was closed to the general public.  2 of them were untruthful in their interviews.  1 of them accessed the yard from the quarry 4 times.  [Joshua Radandt]  He accessed it within minutes of Colborn and Lenk on Nov 5 and twice on Nov 7.  This is prior to anyone realizing Teresa’s body had been burned.  [Josh] gave a statement saying he saw a fire in the burn barrel behind Steven’s garage on Oct 31.  There isn’t a burn barrel behind the garage and there is no way that [Josh] could see any fire, in anything, from the quarry.

I have walked through the salvage yard twice.  I have been to the trailer.  I was at the fire pit.  I drove through the Quarry.  There is NO WAY possible that anyone from the quarry can even SEE the trailer much less anything behind it.  I do have pictures of my visits and you can find those on our Facebook page.

The other person Zellner is referring to is Teresa’s ex-boyfriend Ryan Hillegas.  She alleges that he came on to the property using a fake name.  She says [Ryan] also told LE that Teresa’s blinker light was broken for months before she made an insurance claim on it.  On Nov 3 [Ryan] placed 3 calls to Cingular customer service account and password assistance line.  He then received approximately 22 calls from LE on Nov 4, prior to the car being moved to the property.  [Ryan] then accessed the Avery property twice on Nov 7 and once on Nov 8 after it was closed to the public.  She alleges that the key and bones were planted on Nov 7 and were discovered Nov 8.

Most of the bones and 29 of her teeth were not found in the burn pit even though the state “expert” Dr Leslie Eisenberg testified that “two to three-fifth’s of what might be expected”.  The Dr admitted the bones had been moved prior to their location in the burn pit.  She testified that she found bones at Josh Radandt’s quarry and included a pelvis which were human.

Between Saturday, Nov 5 when the original search warrant was issued and Wed, Nov 9 when the police got a new warrant, law enforcement and crime lab personnel entered the trailer 7 times.  First on the 5th at 3:30pm for a 10-minute sweep and an 8-minute sweep of his garage looking for Teresa.  Then at 7:30pm that same day and stayed for over 2 and a half hours and seized about 50 pieces of evidence.  The 3rd and 4th times were on the 6th and the last time was on the 7th.

Despite an exhaustively comprehensive search of the trailer not one drop of Teresa’s blood or any other bodily fluids were ever found in the trailer or garage.

On Nov 7, small drops of blood were discovered in the front of the RAV4 on the driver and passenger seats, driver’s floor and the rear passenger jam.  They produced a complete DNA profile of Steven.  There were no bloody fingerprints of Steven in or on the vehicle despite the fact that he could not have been wearing gloves when he allegedly dropped blood in the car.  None of the 8 latent fingerprints found in and on the RAV4 belonged to Steven.  Teresa’s blood was found in the cargo area.  There is no mixture of Steven and Teresa’s blood despite the State’s claim that a bleeding Steven threw Teresa into the back of the RAV4.

Colborn looked through the bookcase for an hour.  He testified that he tipped and twisted it and pulled it away from the wall.  He repeatedly pushed a photo album into the bookcase until the back popped loose and that’s supposedly when the key popped out and migrated to a place on the carpet on the side of the bookcase.  Lenk is who noticed the key when he walked back into the bedroom.  Allegedly the key had Steven’s complete DNA profile but not Teresa’s.  No testing was done by the State that would suggest whether it came from blood but their expert testified that it came from Steven’s finger.

There are conflicting dates of when they found Teresa’s phone, palm pilot and camera in the burn barrel.  No mention was made at trial about Teresa’s second phone that was taken from her home on Nov 3.  Wiegert said officers found burnt clothing and a partially burnt shovel in the burn barrel on Nov 5.  No mention of a cellphone.

Officer Dedering’s affidavit has the exact same statement as Sheriff Pagel’s, placing a cellphone in a barrel found on Nov 5 with clothing and a shovel but it doesn’t mention a camera despite it being confirmed as a Canon Powershot A310 on 12/1.

The garage was searched 6 times before the searches on March 2 and 3 when police found a nearly intact .22 LR bullet and bullet fragments that the State said had Teresa’s DNA.  No presumptive blood testing was performed on the bullet of fragment now was there any scientific testing done to determine the organ from Teresa’s cells.  No ballistic expert testified to the fact that it is highly improbable that any .22 LR, much less two, could have exited her skull.

On March 1, Brendan allegedly confessed to helping Steven.

On April 3, due to Brendan’s coerced confession, a swab was taken from the hood latch of the RAV4.  It allegedly had “sweat DNA” from Steven’s hand.  There is no such thing as “sweat DNA”.  No blood tests performed and no bloody fingerprints.  No DAN or fingerprint testing was done on the interior hood latch, prop bar for the hood or the disconnected battery cable.  If Steven had opened the hood he would have had to touch these things.

On March 17, 2007 Brendan was convicted.  On August 12, 2016 his conviction was vacated.  The Court found that the investigators used “deceptive interrogation techniques” to obtain Brendan’s confession.

Steven’s trial started in February 2007.  The defense’s theory was Steven was framed and MCSD planted evidence.  The motive was due to Steven’s civil rights suit against them for his previous case.

The Defense presented an FBI expert to talk about whether there was EDTA present in the blood in the RAV4 that would have come from the 1996 blood vial.  The State Expert’s opinion was based on unsubstantiated and unreliable data but no other forensic testing was widely available or known by either side to determine the age of the blood found in the car.

They want new tests done.  They want to test the key and hood latch for bodily fluids.  Radiocarbon testing could determine the age of the blood in the car.  DNA testing on the prop, battery cable, the interior hood latch, the blinker light, lug wrench and purple thong underwear.  Also on the license plates and swabs taken from the car.  Also to check for chemicals, solvents or fibers that would determine if they were used to remove DNA from the key or hood latch.

You can watch Zellner’s Press Conference after she turned in the motion here: https://www.facebook.com/EmilyMatesicWBAY/videos/vb.151384141613304/1161930803891961/?type=2andtheater

So IN MY OPINION, Zellner is saying that Josh Radandt killed Teresa and her ex-boyfriend Ryan Hillegas is somehow involved.  Then the cops were brought into it and they then planted the vehicle in the Yard from the Quarry.  I always thought it was such shoddy police work that her ex was never questioned or considered a suspect.  You ALWAYS look at the loved ones first.  He is the one that just happened to figure out Teresa’s password to get into her phone records.  He gave Pam Sturm a map of the Yard and a direct line to the police.  Teresa’s roommate Scott Bloedorn who was having sex with her as well as being a a friend of Ryan’s gave Pam a camera.  Ryan had scratches on his hand and was never questioned about those.  When you look at the log in sheets that Zellner presented she has Ryan’s name blacked out so you can’t read them but I have the log sheets so can see that it’s Ryan’s name she is blocking.

So who is Josh Radandt?  Is this his Twitter: https://twitter.com/jradandt

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Here are court cases that involve that name:

https://wcca.wicourts.gov/pager.do;jsessionid=369F2EFC9F37C0E17BE019EA481A5AD8.render6?cacheId=861CFC72A2825FEB86CDB7C8A942FE29andoffset=0andsortColumn=0andsortDirection=DESC

There are a couple with that name.  One of them has a birthdate of 1981.  Teresa was born in 1980.  We know she went to High School with Ryan.  So is the Joshua born in 1981 the same Joshua that Zellner is talking about?  So did he know Ryan and Teresa?

Look at the pictures below.

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3a

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5a

I took these pictures on 2 different trips to the Avery Salvage Yard.  One in February and one in May.  So leaves on the trees and no leaves.  I am standing in the back of the yard looking towards the residences.  Can you even see Steven’s red trailer?  Do you think you would be able to see a fire behind the garage when you can’t even see the garage?  I also took pictures of the garage.

6a

The fire pit was right there where the long grass is.  Way too close to that garage to have a fire of any substantial size.  I also took a picture of the fence that has been put up after this event but I took it from the garage so that will show you how far that fence is from where the fire was.

7a

Can you see the quarry?  How do you think someone in that quarry is seeing a fire?

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This is the road at the very back of the Yard and the water you see is the quarry.  That’s how close it is.  Back then there was a road that went through the quarry right into the Yard.  They don’t have that anymore though.

9a

There is just no way that Josh was able to see a fire.  Why were Josh, Ryan and Scott on the property when it was closed to the public?  Curiouser and curiouser.

I will end this here as this is pretty long.  Please post your thoughts on Josh and Ryan as well as Zellner’s brief in the comments.

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