Quote:
Originally Posted by eddymitchel
Thanks eddymitchel
http://www.stevenaverycase.org/wp-co...ic-Testing.pdf
Thanks to-Needless-Things from reddit for this & all the other input into this case...... THANK YOU Kindly.
A Quick Compilation of Information Found in Zellner's August 26th Motion for Post-Conviction Scientific Testing.
Well this has been an exciting day. Just imagine how exciting it will be when Zellner presents her third party theory in the Post-Conviction Petition that she will file once she obtains the new test results.
Holy heck.
The Motion
Mr. Avery asserts he is innocent and that additional scientific testing can, once again, prove he did not commit the crime for which he has been convicted.
Once again...
Love it.
Mr. Avery is requesting, and is willing to pay for, the most comprehensive thorough, and advanced forensic testing ever requested by a criminal defendant in the State of Wisconsin.
By doing this additional and totally comprehensive testing, a guilty defendant would risk conclusively establishing his guilt. In contrast Mr. Avery is requesting the comprehensive, thorough, and most advanced forensic testing currently known for one simple reason: he is completely innocent of the murder of Teresa Halbach.
Voicemail deletions..
Ms. Halbach's voicemail box had a twenty-message capacity.
Five voicemail deletions occurred on October 31st, 2005 and eleven additional deletions were made prior to 7:12 a.m on November 2, 2005,
Ms. Halbach's disappearance was not reported until November 3, 2005.
Colburn taking the car into evidence on Nov 3. Enough said.
Teeth and Blood and Bullets
Most of Ms. Halbach's bones and 29 of her teeth were not found in Mr. Avery's burn pit.
One of the most compelling scientific facts pointing to planted blood evidence is that there was no mixture of Ms. Halbach's and Mr. Avery's blood despite the State's claim that the bleeding Mr. Avery threw Ms. Halbach in the rear cargo area of her vehicle.
No presumptive blood testing was performed on the bullet or fragment nor was any scientific testing done to determine the organ (i.e., heart, liver, brain) from which Ms. Halbach's cells, from the bullet fragment, originated.
"Sweat" DNA
On April 3, 2006, based upon Dassey's coerced confession, a swab was taken from the hood latch of the victim's car. The good latch swab allegedly had "sweat DNA" from Mr. Avery's Hand.
It is undisputed that there is no such thing as "sweat DNA."
Again, no presumptive blood test was performed on the swab. Again, no bloody fingerprint of Mr. Avery was discovered on the latch.
Additionally, according to the state, Mr. Avery disconnected the battery cable. Yet, the cable was never tested for DNA.
On August 12, 2016, Dassey's conviction was vacated. Dassey v. Dittman. The court found that the investigators used "deceptive interrogation techniques" to obtain the confession from Dassey.
We know exactly who she means:
Non-Law enforcement individuals were also allowed to enter the property after the property was closed to the general public. Two of those individuals were untruthful in their police interviews.
Wait, Ryan called what assistance line?
Individual B (Ryan) accessed the property using a false name. Individual B, On November 3, 2005, placed three calls to Cingular Customer Service account and password assistance line
Wait, Ryan got how many calls from LE the day before the car was found??
Individual B (Ryan) received approximately 22 calls from law enforcement on November 4, 2005.
'Mr. Avery will present his third party theory in his post conviction petition that he will file once he obtains the new test results'
Someone is sweating a profuse amount
The defense claimed the motive for the frame-up was retaliation because Mr. Avery had sued the Manitowoc Police Department for a previous wrongful conviction and wrongful imprisonment.
Concerning Marc Lebeau:
The State's 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 Mr. Avery's blood found in the victim's vehicle.
New testing could conclusively prove Mr. Avery's innocence, and thus, he is entitled to it under State v. O'Brien, "a defendant has a right to post-conviction discovery when the sought-after evidence is relevant to an issue of consequence."
New Testing for Sources of DNA
Mr. Avery's trial transcripts reveal that certain relevant evidence collected in his case was never subjected to prior DNA testing. If these items (such as the blinker light, hood prop, and battery cable) are tested, they could conclusively demonstrate Mr. Avery's innocence by identifying the real perpetrator's DNA.
Mr. Avery is requesting DNA and trace evidence testing on the blinker light found in the victim's car.
So they did plant the underwear
Item CV - a pair of women's purple thong panties recovered from the white trailer near the Mercury station wagon where the victim's license plates were found.
Similar thong panties were recovered from the victim's residence (items CM, CN, and CO). Mr. Avery is requesting to perform new and improved DNA testing on these panties to determine if they belonged to the victim and if they contain a male DNA profile.
Body Identification
Mr Avery is requesting DNA testing on all the alleged human pelvic bones recovered from the quarry property southwest of Avery Salvage Yard in order to conduct more advanced DNA testing to determine the origin of these bones.
So let's hurry this **** up!
Mr. Avery is entitled to mandatory DNA testing of all blood stains found in or the victim's vehicle pursuant to the prior trial court order entered on April 4, 2007.
8 Latent Fingerprints
Mr. Avery is requesting the previously-obtained fingerprints of Officers Colborn and Lenk for comparison to the unidentified prints discovered on the victim's vehicle.
Idiots. Frackin Idiots.
Items BM: Mr. Avery is requesting to examine items BM, described as a Motorola Razr phone and Box from the victim's dining room (Calumet County inventory no. D7802)
The inability of the State to produce the Motorola phone located in the Victim's residence (Item BM) would demonstrate that it was the phone placed in the burn barrel by law enforcement.
Good God. No wonder we weren't allowed access to some files. They found a phone in her house, took it into evidence, and then planted it, subsequently taking it into evidence again as a seperate item.
Idiots.
Oh.. So that's what all that was about the last couple days..
Mr. Avery's counsel has confirmed on August 24, 2016 that all of the forensic evidence in Mr. Avery's case was transferred to the Calumet County Sheriff's Department and is being held there.
EDIT: Added some info about 'individual B'