Motion to Supplement the Record on Appeal With CD

front page of the motion

## Contents

### Topics

Introducing new evidence in the form of a CD, which defendant claims is evidence of a *Brady* violation.

### Evidence mentioned

* Velie CD
* Seven DVD’s
* Dassey family computer

## Result

### CoA’s decision

remand to circuit court

***Defendant-Appellant’s Motion to Supplement the Record on Appeal With CD Disclosed to Defendant for the First Time on April 17, 2018***is a brief by Kathleen Zellner and Steven Richards, representing Steven Avery. In the brief Zellner asks the court if they can add a CD to the record. Zellner claims the CD had not been disclosed to Avery since 2018.

## Background

Following the Judge's ruling on the several briefs filed by Zellner in October and November 2017 Zellner remained very vocal on the case on Twitter, but it would take about half a year before she would file another motion.

## Summary

The short brief focusses solely on a CD that Michael Velie of the Grand Chute Police Department had made for law enforcement (often referred to as the "Velie CD"). The CD contains an analysis of images and information obtained after the Dassey family computer was seized and its hard drive analyzed. Zellner writes that she thinks it is improper the circuit court dismissed her 2017 post-conviction motion, because her client Avery suffered multiple *Brady* violations. Among them was the Velie CD Zellner claims the State failed to disclose.

To establish a *Brady* claim Zellner has to show that evidence was withheld, and she believes the Velie CD is an example of withheld evidence. Zellner writes that the CD or the report that is on the CD were never handed over to Avery's 2007 trial defense counsel. Her evidence is an affidavit of Jerome Buting. Buting, however, did receive a police report from co-lead investigator Thomas Fassbender which talks about the seizure of the computer, its analysis, the contents, and the Velie CD. Buting is of the opinion that the CD could've helped him and Strang in their *Denny* motion — a motion they filed so they would be allowed to introduce another suspect at trial. The CD would be evidence of 'motive', a necessity for introducing someone as a suspect.

According to Zellner the Velie CD had never been logged into evidence, but instead had been kept in co-lead investigator Fassbender's possession. The Defense never received the Velie CD. They did, however, receive a seven DVD-copy of the Dassey family computer, containing evidence such as disturbing images and chatlogs.

Zellner's forensic IT expert Gary Hunt conducted an analysis of the CD and discovered 1625 pornography images, and 2632 search results
for the terms blood, body, bondage, bullet, cement, DNA, fire, gas, gun, handcuff and journal. The Velie CD demands the very reasonable inference that Bobby Dassey searched for violent pornography and engaged in searches relevant to the murder of Teresa Halbach. They also show, according to Zellner, that Bobby, and not Avery, was motivated by sexual desires to commit murder.

For these reasons Zellner requests that the Record can be supplemented with the CD.

## See also

* Affidavit of Jerome Buting
* List of briefs and responses filed during Zellner’s appeals

## Notes

* In the *Brief of Defendant-Appellant Steven A. Avery* and *Corrected Brief of Defendant-Appellant Steven A. Avery* Zellner states this motion was filed on 18 May. The stamp on the front page gives the date of 15 May.

## References

1. ↑ 1.0 1.1 Zellner, K., *Defendant-Appellant’s Motion to Supplement the Record on Appeal With CD*, page 2
2. ↑ 2.0 2.1 Zellner, K., *Defendant-Appellant’s Motion to Supplement the Record on Appeal With CD*, page 3
3. ↑ 3.0 3.1 3.2 3.3 Zellner, K., *Defendant-Appellant’s Motion to Supplement the Record on Appeal With CD*, page 4
4. ↑ Zellner, K., *Defendant-Appellant’s Motion to Supplement the Record on Appeal With CD*, page 5
5. ↑ Zellner, K., *Defendant-Appellant’s Motion to Supplement the Record on Appeal With CD*, page 6
6. ↑ Zellner, K. *Corrected Brief of Defendant-Appellant Steven A. Avery*, page 31