recursal/Fanatic-Fandom huggingface dataset:
Affidavit of Roland Johnson

The **affidavit of Roland Johnson** is an affidavit signed by Roland Johnson, who was the owner of the red trailer that Steven Avery lived in in 2005.

## Affidavit of 21 March 2017

**Now comes your affiant, Roland A. Johnson, and under oath hereby states as follows:**

1. My date of birth is 5/11/1938.
2. I am of legal majority and can truthfully and competently testify to the matters contained herein based upon my personal knowledge. The factual statements herein are true and correct to the best of my knowledge, information, and belief. I am of sound mind and I am not taking any medication nor have I ingested any alcohol that would impair my memory of the facts stated in this affidavit.
3. In 2005, I owned a one-acre parcel of land in the northwest corner of the Avery property. On that plot, I kept a trailer and built a garage. Steven Avery stayed in this trailer with my permission during the relevant time period in this case.
4. More than a week before Steven Avery was arrested in November 2005, I remember seeing a cut on the middle finger of Steven's right hand. It looked to me like the cut had started to heal. I reported this to the investigating officers who interviewed me on February 6, 2006. (Report attached as Exhibit A to the Affidavit of Roland A. Johnson).
5. After Steven Avery was arrested in November 2005, I visited my trailer on the Avery property. I noticed that the door on the south end of the front of my trailer, which has a concrete stoop, had pry marks near around the latch-bolt. Based on personal experience, it looked to me like the pry marks were made using a nail puller. I assumed that the pry marks were a result of law enforcement forcing entry to the trailer during their occupation of the Avery property in November 2005.
6. I would sometimes shoot my Marlin Glenfield .22 rifle into gopher holes around the garage doors. Occasionally, bullet fragments and casings would end up on the garage floor. I never saw any fragments land under the air compressor. Most of the fragments were near the garage doors.
7. Nothing has been promised or given to me in exchange for this affidavit.

Commission expires 2/27/2020
Amended Supplement to Previously Filed Motion For Reconsideration

***Defendant Steven Avery’s Amended Supplement to Previously Filed Motion for Reconsideration*** is a brief by Steven Avery's attorney Kathleen Zellner. It is meant to supplement her previously filed *Motion for Reconsideration* filed a week earlier. The supplement introduces more alleged new evidence.

## Background

In June 2017 Zellner filed her *post-conviction motion* which was denied four months later. Zellner shortly after filed a *motion for relief from judgement or order* and a *motion for reconsideration*. The Judge still had to respond to those two filings when Zellner filed yet another brief appealing the Judge's decision.

## Summary

With the amended supplement Zellner continues her appeal against the Judge's decision to deny Zellner's June 2017 motion. Zellner continues to supply the Judge with more evidence.

Her first evidence is a recorded phone conversation between Steven Avery and his sister Barbara from 2017. In the conversation Barb denies there was anything disturbing on the Dassey family computer and that she didn't even have internet back then, which Avery challenges. Zellner's expert Gary Hunt had previously discovered numerous internet searches from the Dassey residence. Zellner says this is evidence of Barb's lack of credibility regarding the Dassey computer.

The second evidence comes from the same recorded phone conversation. In it Barb acknowledges that Bobby once said that Halbach left.

The third evidence is a message from Barb on Facebook. Here she again states that Bobby said that Halbach left.

The fourth evidence is that Barb attempted to remove evidence from the computer before it was seized in 2006. This is primarily based on an affidavit by Brad Dassey, who claims he overheard Barb telling her ex-husband Peter about getting someone to reformat her computer.

The final piece of evidence further impeaches Bobby Dassey, says Zellner. According to Zellner her IT expert Gary Hunt determined that the computer was used on 31 October by Bobby Dassey on numerous occasions which contradicts Bobby's testimony that he was sleeping.

Zellner again concludes that the evidence in this motion, as well as her previous briefs, require an evidentiary hearing.

## See also

* Affidavit of Brad Dassey
* Affidavit of Gary Hunt
* Supplemental affidavit of Gary Hunt

## References

1. ↑ *Amended Supplement to Previously Filed Motion for Reconsideration*, page 3
2. ↑ *Amended Supplement to Previously Filed Motion for Reconsideration*, page 4
3. ↑ *Amended Supplement to Previously Filed Motion for Reconsideration*, page 5
4. ↑ *Amended Supplement to Previously Filed Motion for Reconsideration*, page 6
5. ↑ *Amended Supplement to Previously Filed Motion for Reconsideration*, page 7
6. ↑ *Amended Supplement to Previously Filed Motion for Reconsideration*, page 8
Brendan Dassey

**Brendan Ray Dassey**, born 19 October 1989, is a main subject in the Netflix documentary-series *Making a Murderer*. His story played a smaller role in season 1, with his confession basically being introduced as another false piece of evidence. In season 2 his postconviction efforts were more prominently featured.
Laura Ricciardi

**Laura Ricciardi** (21 May 1970) is an American filmmaker, producer and editor. Ricciardi is known for the documentary television series *Making a Murderer,* which she co-directed with filmmaker Moira Demos, in a process that took 10 years to complete. For her work on *Making a Murderer*, Ricciardi is the recipient of three Primetime Emmy Awards.

## Education

Ricciardi graduated from Manhattan College in 1992 with a bachelor's degree in English and government.

She then earned a Juris Doctor from New York Law School and an MFA in film from Columbia University School of the Arts. Her thesis film was recommended for a National Board of Review student award. In 2007, she received a filmmaking grant from The Peter S. Reed Foundation.

## Career

Prior to working in film, Ricciardi worked as a lawyer. In 2002, she worked as a production assistant on two episodes of *In the Life*, an LGBT newsmagazine produced by PBS.

Ricciardi and Moira Demos met while graduate students in Columbia University's film program in 2005. The two learned about Steven Avery, a convict in Wisconsin released due to DNA evidence, only to be accused of another crime, after reading an article in the *New York Times*. Both thought the case could make for an interesting documentary. Before meeting with Netflix, the company that ultimately chose to produce the series, Demos and Ricciardi met with executives at PBS and HBO, but neither network was interested in the project.

The series premiered in December 2015 to positive reviews. Review aggregator site Metacritic awarded it a score of 85 out of 100, indicating mostly positive reviews.

Ricciardi went on to win three Emmys for her work on *Making a Murderer*: Outstanding Documentary or Nonfiction Series, Outstanding Directing For Nonfiction Programming, and Outstanding Writing for Nonfiction Programming all three of which she shared with Demos.

In 2018 Demos and Ricciardi released a second season of *Making a Murderer*.

## Personal life

Ricciardi is in a long-term relationship with director Moira Demos.

## References

1. ↑ 950. Steven Avery Call - 05-19-2006 @ 20:12
2. ↑ Benns, Julie, "Jasper Alumna Takes the Spotlight". *Manhattan College*. February 12, 2016
3. ↑ Joyce, Jason. *Q&A: Attorney Dean Strang still haunted by aspects of the Steven Avery case.* Madison.com
4. ↑ 4.0 4.1 4.2 4.3 Murphy, Mekado. *Behind ‘Making a Murderer,’ a New Documentary Series on Netflix".* New York Times*. December 19, 2005*
Box with .22 ammunition

The **Box with .22 ammunition** is a pack of CCI brand .22 caliber long rifle hollow point mini mag ammunition that was found in a record cabinet in Steven Avery’s trailer. The bullets can be used for the Marlin Glenfield .22 caliber rifle which was found in a gunrack in Steven’s bedroom. The box is opened and several bullets are missing.

## Description

A rectangle-shaped box with .22 caliber bullets. It originally contained 100 bullets, but in this pack 18 are missing. Each shell has a "C" marked on its bottom.

When buying bullets the boxes are usually packaged together in a brick shape. One package contains multiple of these bullet boxes. Johnson testified he may have been the one (uncertainty, but "very likely") to buy this box for his .357 rifle and a .22 pistol, which both used this type of ammunition.

## Discovery

On Tuesday 8 November 2005 CASO deputy Dan Kucharski was requested to search the Steven Avery trailer. Two Manitowoc County resources; Jim Lenk and Andy Colborn, were assigned to assist him during this day.

Sometime after 08:25 hours the three men began searching the Steven Avery bedroom. They were in visual and verbal contact the entire time. Colborn searched the desk area and a small record cabinet next to the desk for pornographic materials and while he was doing so he found a pack of .22 caliber ammunition in the record cabinet. The bullet pack was handed over the Deputy Kucharski.

## References

1. ↑ 1.0 1.1 *Avery Trial Transcripts*, day 19 - testimony of Roland Johnson, page 182
2. ↑ MTSO Summary Report on Homicide Investigation, page 13
3. ↑ 3.0 3.1 CASO Investigative Report, page 146
4. ↑ MTSO Summary Report on Homicide Investigation, page 14
Orders for Independent Scientific Testing

***Orders for Independent Scientific Testing*** was the Circuit Court judge's response to Zellner's *Stipulation and Order for Independent Scientific Testing*. The judge granted the release of the exhibits mentioned in the *Stipulation and Order* brief, which were:

Both briefs were filed on the same day; 23 November 2016.
Barb Janda’s red van

**Barb Janda's red van** was the car that Steven Avery wanted to put up for sale in the *AutoTrader* magazine. When Teresa Halbach came over on 31 October 2005 she photographed this vehicle.

The red van was a 1989 Plymouth Voyager.

## History

On 31 October Steven Avery suggested to his sister Barbara that she should sell her Plymouth Voyager. Barbara did not want to sell her van because she didn't need the money and she did not want to pay for the advertisement describing it as a "waste of money". Steven proposed to pay the advertisement instead, but Barbara declined, saying she had other plans for the car: it was going to be a present for her sons, who were going for their driver's license. Later that day Steven Avery called *AutoTrader* and requested Halbach for a photoshoot of this Plymouth Voyager.

About 14:30 hours Halbach arrived and, according to Steven and eye-witness testimony of Bobby Dassey, she did take photos of the red van.

Due to Halbach's death and her camera being destroyed the photos were never published in *AutoTrader*. Besides this attempt no other attempt seems to have been made by either Steven or Barb to sell the red van.

## See also

* Red Ford Pinto
* Steven Avery’s Pontiac Grand Am
* Teresa Halbach’s Toyota RAV4

## References

1. ↑ 1.0 1.1 1.2 *CASO Investigative Report*, page 265
Mega Man (Character)

Mega Man is a character in Carbon Fighters. He was added in v.0.2.0

## Info

### Moves

Mega Man's neutral attack is to fire his cannon, while his side is to slide and his aerial attack is to do his Top Spin

### Stats

Mega Man does slightly more damage than other characters (3.5), while he walks at normal speed.

## Trivia

* Mega Man was one out of the three characters added in v.0.2.0, along with Pac-Man and Sonic
Third Motion for Post-conviction Relief

first page of the motion

***Notice of Motion and Third Motion for Post-conviction Relief Pursuant to Wis. Stat. § 974.06 and § 805.15*** is the third post-conviction motion by Steven Avery’s attorneys Kathleen Zellner and Steven Richards. Building upon her claims first presented in her April 2022 motion, in which an alleged witness claims he saw Bobby and an elderly man with Halbach's vehicle, she requests a new trial for Avery.

## Background

In April 2021, while waiting for the Court of Appeals to rule on her appeal against the circuit court's decision to deny all of Zellner's motions filed on Avery's behalf from 2017-2019, Zellner suddenly filed a new motion in which she presented a witness who claims he saw Avery's nephew Bobby Dassey and an unknown elderly man, push Halbach's RAV4 towards Avery’s Auto Salvage on the morning the car was found. Zellner requested her pending case to be put on hold, so she could return to the circuit court to present her motion there.

Later that month the State of Wisconsin replied, saying that this is a seperate issue that has nothing to do with the already presented issues, and need not be included in the pending appeal. Including it in the appeal, will only delay the appeal further. The State advised to present this in a new, separate motion.

In July 2021 the Court of Appeals responded to the issue, denying Zellner's request to remand the case to the circuit court. Like the State, the CoA said Zellner can present the issue in a new motion, however, when she does she must overcome the procedural bar of *Escalona-Naranjo*, which she hadn't done on numerous occasions previously, according to the CoA. The CoA also noted that Avery's appeal cannot continue indefinitely.

In August 2022 she presented her witness, and additional evidence, in a new, separate motion.

## Summary

In her introductory paragraph Zellner states that Bobby Dassey is Halbach's murderer and that after her murder he took possession of the Toyota RAV4, the key to the RAV4, Halbach's blood, PDA, phone and camera, and the license plates.

Later in the motion she presents the affidavit of Thomas Sowinski as newly discovered evidence linking Bobby Dassey and an unidentified bearded man to the crime, as Sowinski states he believes he saw the two men push the RAV4 on Saturday 5 November 2005, before it was found by a volunteer searcher. Zellner goes on to state that with Sowinski's affidavit, Bobby now meets the criteria for a *Denny* suspect (motive, opportunity and evidence). Zellner also states that the timing and manner of the discovery of this new evidence constitutes sufficient reason for a new postconviction motion, saying that the evidence was discovered after Avery's conviction, Avery had not been negligent in obtaining this evidence and the evidence is material to an issue in Avery's case.

## References

1. ↑ Zellner, K., *Third Motion for Post-conviction Relief*, page 2
2. ↑ Zellner, K., *Third Motion for Post-conviction Relief*, page 9
3. ↑ Zellner, K., *Third Motion for Post-conviction Relief*, page 11
Response in Opposition to Third Petition to Stay Appeal and Remand

***Response in Opposition to Avery’s Third Petition to Stay the Appeal and Remand this Case to the Circuit Court*** is a motion filed on behalf of the State of Wisconsin and in response to Steven Avery’s attorney Kathleen Zellner’s third motion for stay and remand. The State argues, similarily to their response to Zellner’s previous motion for stay and remand, that it is not appropriate to return to the circuit court now, while the case is pending at the Court of Appeals, because the issue on the burned quarry remains is a new matter, separate from what lay under appeal. The State suggests Zellner waits until her appeal at the Court of Appeals is over, so that she can then file a new § 974.06 motion about the burned remains, or cancel her appeal so she can file it without having to wait for the pending appeal.
Bus driver

The **bus driver** is a woman named Lisa who drove the bus that took the Dassey boys to school and back home every week day. The bus driver was summoned to testify to the fact she saw a woman take photographs on Avery’s Auto Salvage property.

In *Making a Murderer* season 1 we hear Lisa say that she saw a woman taking pictures around 3:30 to 3:40 PM. In season 2 there is no mention of the bus driver. In *Convicting a Murderer* the bus driver's testimony is not used.

## At trial and appeals

At trial, the defense asked Lisa about her profession and her connection to the case. Lisa explains she is a bus driver and she picks up Blaine and Brendan Dassey every morning to take them to school, and drops them back at Avery's after school is out. The defense asks when she would drop the boys off, and Lisa explains she consistently drops them off between 3:30 and 3:40 every weekday. The defense asked if she saw anything of note during the week of October 31, 2005 and Lisa responded she saw a woman taking photographs of a van on the long road.

When the prosecution inquired further on this issue, asking how certain Lisa was that this occurred in the week of October the 31st, Lisa stated she wasn't sure. When the prosecution asked if it could've occurred a week earlier, Lisa responded "Yes". When the prosecution asked if it could've occurred two weeks earlier, Lisa responsed "Yes" again and added she is not sure when she saw the woman taking photos.

## References

1. ↑ *Avery Trial Transcripts*, day 19 - testimony of Lisa Buchner
Corrected Brief of Defendant-Appellant Steven A. Avery

***Corrected Brief of Defendant-Appellant Steven A. Avery*** is a brief filed by Steven Avery’s postconviction attorney Kathleen Zellner and filed with the Court of Appeals to appeal the decisions of the circuit court on Zellner’s many previous filings from 2016-2019. Zellner had filed a brief four days prior, but had not signed the brief correctly. Therefor this new "corrected" brief was filed. For a summary of its contents please visit *Brief of Defendant-Appellant Steven A. Avery*.
Luminol

**Luminol** is a chemical that will glow when it comes in contact with blood and some other substances. It is used by law enforcement or crime lab personnel to search for the presence of blood at crime scenes. Applying luminol is usually done after a visual examination of the area to look for obvious signs of blood. When the visual examination is complete, luminol may be applied to look for smaller drops of blood or blood that was no longer visible to the naked eye (diluted) due to a cleaning attempt.

Luminol cannot distinguish between human or non-human blood. It will glow with both. Other known materials that will cause luminol to glow are:

* a penny (a penny is often used to test if the luminol is working)
* copper
* lead
* bleach

It doesn't work with:

* paint thinner
* gasoline

A luminol test may be followed up with a phenolphthalein-test, which tests more specific for blood, however is less sensitive than luminol. If it reacts to phenolphthalein that is an indicator there may be enough material there for a subsequent DNA test.

## References

1. ↑ 1.0 1.1 *Dassey Trial Transcripts*, day 2 - Testimony of John Ertl, page 160
2. ↑ 2.0 2.1 2.2 *Dassey Trial Transcripts*, day 2 - Testimony of John Ertl, page 161
3. ↑ 3.0 3.1 3.2 *Dassey Trial Transcripts*, day 2 - Testimony of John Ertl, page 162
4. ↑ 4.0 4.1 *Dassey Trial Transcripts*, day 2 - Testimony of John Ertl, page 163
Convicting a Murderer

***Convicting a Murderer*** is a 10-part true crime documentary about the Teresa Halbach case and the convictions of Steven Avery and Brendan Dassey. The series is somewhat of a response to *Making a Murderer*. The series was produced by Transition Studios and directed by Shawn Rech. It was released on DailyWire+, The Daily Wire's streaming service, on 7 September 2023. The first three episodes were released all at once, with the additional seven episodes released on a weekly basis.
Record cabinet

A small **record cabinet** was confiscated from Steven's bedroom. According to investigators the valet key to Teresa’s RAV4 was hidden somewhere in, on, or near this cabinet.

## Description

A World War II model record cabinet for record albums. It has room for three records in each of the sections. Sometimes it's referred to as a bookcase, which it is not. The record cabinet was owned by Roland Johnson, who was the owner of the red trailer Avery lived in.

The back panel of the record cabinet appeared to be loose when investigators discovered the record cabinet. Johnson said the back panel was intact when he left the trailer.

## References

1. ↑ *Avery Trial Transcripts*, day 19 - testimony of Roland Johnson, page 168
2. ↑ *Avery Trial Transcripts*, day 19 - testimony of Roland Johnson, page 169
Angela Sutkiewicz

**Angela W. Sutkiewicz** is the Judge of the Sheboygan County Circuit Court and the Judge currently presiding over the Steven Avery case. In the latter she succeeded Judge Patrick Willis.

## Career

Sutkiewicz graduated from Barnard College at Columbia University and Marquette Law School. She later served as an assistant district attorney in Walworth County, Wisconsin, and worked in private practice. In 2010 Sutkiewicz was appointed by then-Governor Jim Doyle to replace the retiring Judge Gary Langhoff. In 2011 Sutkiewicz won her first full term to the Sheboygan County Circuit Court with just over 50% of the votes, against Catherine Q. Delahunt. The final tally gave Sutkiewicz an edge of only about 130 votes, and a recount confirmed her as the winner.

In November 2021 Sutkiewicz was voted Trial Judge of the Year by the Wisconsin Chapter of the American Board of Trial Advocates. She became the first Sheboygan County judge to be awarded this honour. The award is presented each year to a member of the Wisconsin judiciary “whose thorough preparation, breadth of knowledge of the law, decisive rulings and courtesy to litigants, jurors and members of the bar have consistently advanced the interest of justice and the dignity of the judicial process.”

## Personal life

Sutkiewicz lives in Sheboygan with her husband, Fred. Together they have three children.

## References

1. ↑ 1.0 1.1 *The Third Branch*, volume 19
2. ↑ 2.0 2.1 Reid, Brandon, "Angela Sutkiewicz becomes first Sheboygan County judge to win Trial Judge of the Year". *Yahoo News*. November 8, 2021.
Dassey family computer

The **Dassey family computer** is a computer owned by the Dassey/Janda family and confiscated by investigators from Bobby Dassey's bedroom. When the computer was investigated a number of disturbing internet searches for violence and sex were recovered. According to Steven Avery's attorney Kathleen Zellner all of these searches were done by Bobby Dassey and when the State discovered these searches they used them to force Bobby to give a false testimony during his uncle's trial.

When the computer was confiscated by law enforcement the entire hard disk drive's contents were copied onto Seven DVD’s and an analysis of the hard disk drive was created in the form of a CD.

The Dassey computer is not mentioned in the first season of *Making a Murderer*. In season 2, episode 8, Kathleen Zellner claims the computer was used by Bobby Dassey and this activities resulted in "thousands and thousands of [deviant] images", calling his internet behaviour "compulsive, obsessive."

## Description

A personal "tower" computer running on Windows XP. The internet browser used was an older version of Microsoft's Internet Explorer.

## Discovery

In November 2005 the computer was recorded as being located in the bedroom of Bobby Dassey. On 21 April the two lead investigators of the case, Mark Wiegert of Calumet County and Tom Fassbender of the DCI, seized the computer as evidence. At the time it was still located in Bobby Dassey's bedroom.

## Forensic examination

The computer was handed over to Michael Velie of the Grand Chute Police Department for analysis. Velie copied the computer's hard disk drive's contents onto seven DVD's and secured them with forensic security software called EnCase.

Furthermore Velie wrote a report about the analysis in the form of a CD. The CD was handed over to Fassbender.

## References

1. ↑ 1.0 1.1 1.2 Zellner, *Motion to Supplement Previously Filed Motion for Post-conviction Relief,* page 3
Gasoline

Several **gas cans** or **gas containers** were recovered from Steven Avery’s garage in March 2006, during another search of the area that had been requested following Brendan Dassey’s confession. According to Dassey three reagents or chemicals — gasoline, paint thinner and bleach — were used in succession to remove a “red fluid” stain from the garage floor in the evening of 31 October 2005.

## Discovery

Following Brendan's confession the DCI and Calumet County, with the help of some Manitowoc County resources, headed back to Avery’s Auto Salvage property. In his confession Brendan admitted the victim was shot in the garage behind a green lawnmower. Earlier, Wisconsin State Crime Lab forensic scientist John Ertl had noticed a stain behind the lawnmower, 4'x3' in size, that had lit up with luminol.

Brendan told investigators, and later repeated at trial, that on the evening of 31 October 2005 he and Steven went into Steven's garage. Steven was working on a car, and while working underneath the car he, according to Brendan who was present at the time, “poked” somewhere under the car and it caused a leak of a fluid that was red in colour. Possibly transmission fluid.

To clean this fluid, Steven and Brendan first used gasoline, and later added some paint thinner. Brendan said this did have some effect. Apparently not enough, as they later added some chlorine bleach from Steven's laundry room.

To investigators Brendan would sometimes say the car fluid was actually blood. At trial he maintained it could've been blood.

## Forensic examination

The gasoline cans were not forensically examined.

## See also

* Bleach
* Paint thinner
* Steven Avery’s garage
* “Red fluid” stain
* October 31st, 2005 timeline
* March 2nd, 2006 timeline

## References

1. ↑ *CASO Investigative Report*, page 704
November 1st, 2005 timeline

## 1 November 2005

Brendan went to school and had driving lessons. Steven was seen working on a car in his garage.

### Days since RAV4 discovery

4 days prior

Detailed **timeline** for **1 November 2005**.

<< 31 October | 2 November >>

## Timeline

Details are scarce on this day, but we know from the case files the following is said to have happened on this day.

* At **8:00 hours** Avery’s Auto Salvage opened as usual and assumably Steven started working about that time.

* At approximately **8:30 hours**, either on 31 October or 1 November Brendan was transported from school to his home by Staci, a teacher's aide with the Special Ed class for Mishicot High School. This was because Brendan had forgotten his temporary driver's permit and his glasses. Brendan went inside his home for about one minute and then came back out and Staci drove him back to school. Staci saw nobody else on the property other than Brendan, and Steven's dog Bear.

* At **14:20 hours** Brendan had driving lessons with Ace Driving School. The lesson ended at 15:05 hours.

* At **17:00 hours** Avery’s Auto Salvage closed for the day. Presumably Steven went home about this time.

* At **17:30 hours** Chuck visited Steven at Steven's garage on this day, according to Brendan. Steven was inside his garage working on his Monte. Brendan believes the Suzuki he helped his uncle push inside the garage the day before must've been taken outside again so that the Monte could fit in the garage. Brendan noticed scratches on Steven's arms but said he believes they were from working on the yard. The contents of the conversation between Steven and Chuck are unknown to Brendan.

* At **18:42 hours** Ryan Hillegas calls Halbach on her mobile phone. The call gets forwarded to voicemail, which appears to be full.

## References

1. ↑ *CASO Investigative Report*, page 739
2. ↑ *CASO Investigative Report*, page 743
3. ↑ *CASO Investigative Report*, page 505
List of affidavits for Zellner’s appeals

Below is an **overview of the various affidavits** that were signed for Steven Avery, while being represented by Kathleen Zellner. Affidavits contain statements that the signer of the affidavit, the affiant, has sworn to be the truth. Zellner has had a number of people sign affidavits for her, mostly witnesses, but also several forensic scientists. If Zellner would ever get her client an evidentiary hearing or a new trial the people who signed an affidavit for her might be called, by either the defense or the prosecution, to take the stand and testify to the statements made in their affidavit.
Catalina Marsh

## Familie

* Elvira Marsh (Mutter)
* Jonathan Marsh (Vater)

## Rolle in der Reihe

Hauptcharakter

**Catalina Marsh**, meist nur **Cat** genannt, wohnt im Ghetto in Libropolis und lebt davon, dass sie für andere Bewohner Dinge und Menschen sucht und manchmal Botengänge in das Ghetto macht. Ihre Eltern waren beide Bibliomanten, allerdings erbte sie ihre Fähigkeiten nicht und interessiert sich auch nicht für Bücher. Sie ist in Finnian verliebt und kommt später mit ihm zusammen.

Sie ist einer der Hauptcharaktere der *Die Seiten der Welt*-Reihe.

## Aussehen

Sie trägt gestreifte Leggins, klobige Stiefel und eine viel zu große Lederjacke.
Making a Murderer Wikia

The wiki about *Making a Murderer* and
*Convicting a Murderer* that anyone can edit!
Not sure where to start? Pick a page at random!
Can't find what you're looking for? Make a new page!

Steven AveryBrendan DasseyKathleen ZellnerKen KratzJames LenkAndy ColbornAngela Sutkiewicz

blood vialBrendan’s jeansbullet FLburned remainscar crusherHalbach’s scheduleHalbach’s itemshood latch swabRAV4RAV4 keyRAV4 license plates“red fluid” stainSteven’s rifle

Steven’s trailerSteven’s garageSteven’s burn pitKuss Road cul-de-sac

***Making a Murderer* season 2, episode 2**

*The episode "Words and Words Only" centers around Brendan Dassey's conviction. Dassey's lawyers work to prove his conviction was based on a coerced confession. Kathleen tests Steven in new ways and visits the alleged crime scene.*

Nothing MAM-related happened on this day (know something we don't? Leave a comment on the forums!)

***Motion for Leave***

*Zellner presents a witness who has come forward saying he saw Bobby Dassey with the RAV4 and asks the courts to wait with ruling on her previously filed motion, so she can include the new witness.*

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Affidavit

An **affidavit** is an official written statement by someone who has sworn under oath that the contents of the affidavit are true. Comparable to an oral testimony at a trial. When somebody is dishonest in an affidavit that someone commits perjury. A person who has signed an affidavit is called an **affiant**.

An example of an affidavit is a confession of someone involved in a crime and the confession gets written down and signed by the confessor. The affidavit can be used in court as evidence. If needed or desired, the affiant can be made to testify in a trial to the statements made in the affidavit.

Some examples of affidavits in Avery's case are:

* Forensic Scientist John DeHaan's affidavit in which he wrote he believes the burn pit is not the primary burn site.

* Forensic Scientist Lawrence Fairwell's affidavit in which he wrote about Avery's Brain Fingerprinting results.

* Kevin Rahmlow's affidavit in which he claimed he saw what he believed was the RAV4.

* Steven Avery's affidavit in which he shares his view of some events on 31 October and other dates.
List of briefs and responses filed in Colborn’s lawsuit

Below is a **list of briefs** filed by the parties involved in Andrew Colborn’s lawsuit against Netflix and the producers of *Making a Murderer*.

In December 2018, few months after the release of the second season of *Making a Murderer* and three years after the release of its first season, Colborn, represented by his attorney Michael Griesbach filed a lawsuit against Netflix and the parties involved in the production of *Making a Murderer*. Colborn claims that the documentary is distorting facts in the case in favour of Steven Avery and that ever since the documentery-series' release Colborn and colleagues of his have been on the receiving end of global hate, malice and threats and ridicule. Colborn also states that his family has received (death) threats as well.

Colborn states he has evidence that the filmmakers, Laura Ricciardi and Moira Demos have edited trial footage, such as removing and replacing sections, in such a way that it is no longer a reflection of what actually happened.

## See also

* List of briefs and responses filed during Zellner’s appeals
Fighting for Their Lives

“**Fighting for Their Lives**” is the 10th episode of the first season of *Making a Murderer*. It was written and directed by Moira Demos and Laura Ricciardi. The title seems to reference to Steven Avery's and Brendan Dassey's ongoing legal battles against their convictions for the murder of Teresa Halbach.
Item FK

**Item FK**, also known as **Bullet FK**, was the first of two bullets found in Steven Avery’s garage. It was found in a crack in the floor and was deformed, having lost its recognizable cylindrical shape.

## Discovery

On **1 March 2006** Brendan Dassey confessed to lead investigators Tom Fassbender and Mark Wiegert that Teresa had been shot in Steven Avery’s garage with Steven’s .22 caliber rifle. That same day personnel of Calumet County and the DCI returned to the garage for a 2-day search.

On that same day DCI special agent Kevin Heimerl found a deformed, flattened bullet in a crack running through the floor from the main door to the back wall of the garage.

## Forensic examination

On **14 March 2006** the bullet was sent to the Wisconsin State Crime Lab by Calumet County Deputy Jeremy Hawkins where it was to be examined by DNA Technical Unit Leader Sherry Culhane for the presence of DNA and by firearms and toolmark examiner William Newhouse.

The bullet arrived at the laboratory on Thursday **16 March** and Culhane took custody of it 12 days later, on Tuesday 28 March, and began working on the bullet one day later. Culhane examined the bullet for the presence of DNA. She is a little vague about whether she actually found DNA on the bullet or not, simply saying she did not develop a DNA *profile* from what was found on the bullet, if anything at all.

Firearms and toolmark examiner William Newhouse also examined the bullet. In 2005 Newhouse had already received the Marlin Glenfield .22 caliber rifle - the rifle found in Avery’s bedroom. Newhouse also received a pack of .22 bullets found in a record cabinet in Steven Avery’s bedroom and fired these with the .22 caliber rifle and would examine the lands and grooves left on the bullets he fired with the rifle. Newhouse also examined the lands and grooves on bullet FK and compared these to the lands and grooves left on the .22 caliber bullets he fired with Steven Avery's .22 caliber rifle.

Based on the lands and grooves Newhouse concluded that bullet FK was fired with a .22 caliber rifle or a rifle with similar characteristics. It could have been fired with Steven Avery’s rifle, along with thousands of other rifles.

## At trial

Bullet FK was mentioned several times at trial, usually together with that other bullet found in the garage, bullet FL, which had Halbach's DNA on it.

## References

1. ↑ *Avery Trial Transcripts*, day 9 - testimony of Gary Steier
2. ↑ *Avery Trial Transcripts*, day 9 - testimony of Kevin Heimerl
3. ↑ *CASO Investigative Report*, page 717
4. ↑ *Avery Trial Transcripts*, day 10 - testimony of Sherry Culhane
5. ↑ *CASO Investigative Report*, page 754
6. ↑ *Avery Trial Transcripts*, day 14 - testimony of William L. Newhouse
Item A23

**Item A23** is a swabbing from the rear exterior door handle of the Toyota RAV4's cargo door. A presumptive test indicated it may be blood and a partial DNA profile was subsequently obtained.

## 2007 Steven Avery trial

Item A23 was not mentioned at Avery's trial.

## 2007 Brendan Dassey trial

Item A23 was briefly mentioned at Dassey's trial during the testimony of Sherry Culhane. Defense attorney Mark Fremgen asked Culhane if she remembered swabbing the RAV4 exterior cargo door handle. Culhane responded she noticed "something" there so she took a swab of that area and designated it Item A23. The swab was subjected to a presumptive test for blood and the result was positive, meaning A23 likely was blood. The swab was extracted for DNA and a partial DNA profile was obtained, but the profile was "too partial" to draw any conclusions from. The result of the test was "inconclusive".

## 2016 - 2023 Kathleen Zellner investigation

In 2016 Zellner requested numerous items of evidence for postconviction scientific testing. Among those items was the Toyota RAV4 and numerous swabs taken from the RAV4. Item A23 was not among the items she requested. Later that year Zellner agreed with the State to lend her just 9 items of evidence, dropping numerous items including the RAV4.

In July 2017 Zellner referred to Item A23 in her "Steven Avery Proof of Guilt Challenge," asking the question "*Explain how Steven and Brendan could be the killers when unidentified blood deposits on the rear cargo door excluded both of them.*"

In September 2017 Zellner spoke to the State prosecutors and they agreed to lend her the Toyota RAV4 for a complete examination by Zellner's experts Karl Reich and Christopher Palenik. The cargo door handle seemingly would've been their focus (among other areas) as Zellner writes, in referrence to her obtainal of the RAV4, that Item A23 is vital as it excludes Avery's involvement. In October 2017 the Circuit Court Judge denied Zellner's brief and Zellner missed her chance to obtain the RAV4.

In 2019 Zellner wrote in her brief to the Court of Appeals that "A blood stain (#A-23) from a male on the rear cargo door of the RAV-4 did not match Mr. Avery either." At trial, however, Culhane said A23 was inconclusive meaning it could belong to anybody including Avery and Dassey.

## References

1. ↑ 1.0 1.1 1.2 Culhane, Sherry. *Confidential report of laboratory findings November 14, 2005*, page 2
2. ↑ 2.0 2.1 2.2 *Dassey Trial Transcripts*, day 3 - Testimony of Sherry Culhane, page 88
3. ↑ Culhane, Sherry. *Confidential report of laboratory findings March 31, 2006*, page 5
4. ↑ *Dassey Trial Transcripts*, day 3 - Testimony of Sherry Culhane, page 89
5. ↑ Zellner, K. *Brief of Defendant-Appellant Steven A. Avery*, page 15
Item A13a

**Item A13a** are swabbings from a Compact Flash card found in the cargo area of Halbach's Toyota RAV4. DNA was extracted from it but it was not utilized for STR/DNA analysis. It remains unknown who the DNA belonged to.

Item A13a was not used at Steven Avery's nor Brendan Dassey's trial. When Avery's postconviction attorney Kathleen Zellner filed her motion for postconviction scientific testing she requested numerous items of evidence so she could subject them to modern forensic science, however she did not request Item A13a.

## References

1. ↑ 1.0 1.1 Culhane, Sherry. *Confidential report of laboratory findings November 14, 2005*, page 2
2. ↑ Culhane, Sherry. *Confidential report of laboratory findings November 14, 2005*, page 3
3. ↑ Zellner, K., *Motion for Post-conviction Scientific Testing*
Bleach bottle

A bottle of **bleach** was discovered in Steven Avery’s trailer following Brendan Dassey's confession on 1 March 2006. The bottle was empty. Brendan had told investigators that bleach was used to clean a “red fluid” from Steven's garage floor on Halloween.

## Discovery

On Wednesday **1 March 2006** Brendan Dassey confessed to lead investigators Fassbender and Wiegert that his uncle shot Halbach in his garage near a green lawnmower. A pool of “red fluid” was cleaned with her clothes, gasoline, paint thinner and bleach.

Following the confession investigators of The DCI and Calumet County, with manpower resources from Manitowoc County returned to Avery's property to search his garage and his trailer.

At **18:34 hours** the trailer was cleared by CASO Deputy Rick Riemer and CASO Investigator Wendy Baldwin. After this, they, along with CASO Deputy Bill Tyson, began searching the trailer beginning with the rear bedroom and moving forward from thereon.

At **20:57 hours** an empty bleach bottle was confiscated by CASO's Rick Riemer from on top of a dryer in Steven Avery's laundry room.

## Forensic examination

The bleach bottle was empty. There was also a reddish stain at the bottom of the bottle, but after examining it it proved negative for blood.

## References

1. ↑ 1.0 1.1 *CASO Investigative Report*, page 682
2. ↑ *Dassey Trial Transcripts*, day 2 - testimony of William Tyson
3. ↑ *CASO Investigative Report*, page 786
4. ↑ 4.0 4.1 *CASO Investigative Report*, page 681
Paint thinner

Several **jugs of paint thinner** were recovered from Steven Avery’s garage on March 1 and 2, 2006, during another search of the area that had been requested following Brendan Dassey’s confession. According to Dassey three reagents or chemicals, gasoline, paint thinner and bleach were used in succession to remove a “red fluid” stain from the garage floor.

## Discovery

Following Brendan Dassey’s confession investigators returned to the Avery property for what would turn out to be a 2-day search of Steven Avery's garage. On the first day of the search a jug of paint thinner of the *Klean Strip* brand was found.

On 2 March two more jugs were found: another *Klean Strip* jug, and a *Reseal* brand jug.

## References

1. ↑ *CASO Investigative Report*, page 705
Dean Kiner

**Dean Kiner** is a music composer who worked on the soundtrack for both seasons of *Making a Murderer.* Other works of Dean include several *Star Wars* television series, the DC series *Doom Patrol* and the Netflix series *Narcos: Mexico*.

Dean's brother, Sean Kiner, and father Kevin Kiner are also music composers. Sean and Kevin also worked on the *Making a Murderer* soundtrack.

He gratuated from Berklee College of Music and plays for his band *Illuminati Hotties*.
Brady violation

A ***Brady* violation** is a violation that occurs when the prosecution fails to disclose certain evidence to the defense that may be helpful to the defense's case at trial. This includes both accidental failures and withholding evidence on purpose. The term "*Brady* violation" is named after the 1983 case ***Brady v. Maryland***.

According to *Brady* "A defendant has a due process right to any favourable evidence 'material either to guilt or to punishment' that is in the State's possession". When a defendant is denied of such right the defendant may be entitled to a new trial. The defendant must show, however, the following:

1. the evidence is favourable to the defendant, either because it is exculpatory or impeaching;
2. the evidence was suppressed by the State, either willfully or inadvertently;
3. the evidence is material.

With regards to #3, evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.

## References

1. ↑ 1.0 1.1 *Court of Appeals Decision*, page 23
Response in Opposition to the Petition to Stay Appeal and Remand

***Response in Opposition to the Petition to Stay the Appeal and Remand This Case to the Circuit Court*** is a brief written by State of Wisconsin representatives Schimel, Winter and Kumfer. It is written in response to Zellner's request to remand the case for consideration of a new motion.

## Background

Avery's attorney Zellner learned of a forensic DNA identification method that is capable of obtaining DNA even from burned bone fragments. Zellner wanted to utilise this technique to test the untested burned remains that were found in the gravel pit adjacent to Avery's property. At that time, however, her case lay at the Court of Appeals [CoA], and their only task was to determine whether Zellner's previous filings were properly handled by the circuit court. Therefore, Zellner requested the CoA to "stay the appeal and remand", or in other words, put her case on hold while she (temporarily) returns to the circuit court and file a new motion there.

## Summary

According to the State of Wisconsin there is no reason to let Zellner temporarily return to the circuit court. The State points out that the CoA's only issue is to determine whether the circuit court handled Zellner's previous filings in this case properly, when it denied each of them. Possibly bringing in results of new scientific testing does not have bearing on the circuit court's ruling on the other motions. The State further argues that a remand may result in a delay, while the case has been languishing for over a year.

Finally, the State argues that the ANDE DNA testing is an issue that is not related to Zellner's previous motions that are under review by the CoA. Rather, it is something new and should be filed as a separate motion.

## References

1. ↑ State of Wisconsin, *Response in Opposition to Stay Appeal and Remand*, page 1
2. ↑ State of Wisconsin, *Response in Opposition to Stay Appeal and Remand*, page 2
3. ↑ State of Wisconsin, *Response in Opposition to Stay Appeal and Remand*, page 7