Judge Angela Sutkiewicz

Judge Angela Sutkiewicz

I’ll have to admit that I had to spend a little while scratching my head after reading Zellner’s most recently filed court document.  The good parts had to do with rebutting judge Angela Sutkiewicz not very surprising summary dismissal of the points brought up in the motion for relief that Zellner filed in early June, 2017, much of which was the explanation of empirical, scientifically rigorous testing of physical evidence.  

Frankly, it is reminiscent of the arrogant and unforgivable  judicial posture taken during Steven Avery’s first wrongful conviction wherein which eighteen people, I understand, vouched that he was 90 miles away away from where the assault on his accuser, the victim Penny Beerntsen, took place.  I’ve personally never heard of someone having that many alibis, but in Wisconsin, apparently, it counts for nothing if those offering said alibi are of a lower social rank than the victim who insists all of those people are wrong.  So long as precious Penny Beerntsen was convinced, so was law enforcement, and it probably wouldn’t have mattered, as things currently stand in America’s diseased justice system, if 5,000 people had vouched for Steven’s alibi that fateful day.

If you have made the inference that I mean to suggest that this sordid saga is shot through with the baleful spectre of class conflict you will have made the correct inference.  While I’ll admit that this is something that is nearly impossible to avoid altogether—rich people are destined to be shown greater mercy than poor people though their deeds be as or even more depraved— a well-functioning society minimizes this tendency first, by minimizing the polarities between rich and poor to begin with, and second, by encouraging its citizens to become more active and informed participants in the very machinations of government to which they are subject. If a garden is not tended, it will be ruined by pestilence, and as it goes with gardens it goes with justice.

If the signs of entropy in a garden are weeds and in a building, dust.  May I suggest that the physical manifestation of entropy within a system of justice is a multiplicity of prisons?

If we are on the lookout for weeds or dust within this domain, the most obvious clue is that you are party to a system that imprisons more people than any society ever in the history of the world!  We can bury our heads in the sand all we want, but no one can deny that such a situation bodes ill for the society in which it is taking place.  The things which caused a populace to elect a mentally deficient, petty satrap, say, need not be tightly coupled with the build out of a gulag, but I would maintain that the election of such a satrap was in many ways presaged by degree of tolerance and complicity required to build out and maintain  an unexampled program of mass imprisonment.  

Except for those multitudes whose judgment has been twisted into vermicular form by dint of having a personal stake in the status quo, a person can just sense that there is something wrong.  In fact it takes constant and willful effort to ignore.  There is something not quite right when your country leads the world in imprisoning people.  There is something not quite right when your country starts to build concentration camps for undesirables;  There is something not quite right when your church makes the decision to relocate to Guyana..to build a camp which essentially functions like a prison.  There is something not quite right with America these days, folks, and it is time that we give this its due attention.

The judicial decree handed down by Angela Sutkiewicz can only be evaluated within this atmosphere of feted and mouldering decay.  Steven Avery’s DNA was slathered on the hood release like bacon grease.  End of story.  Take to the streets.  Express your outrage.  Commit to political activity.  Join the resistance.  No other conscionable response can be countenanced.  One commits a grave tactical error by engaging with it on its own terms.  

If our goal is to free Steven Avery, the first place to start, actually, is by removing the rot, and this task is going to require a great deal of energy.  Are you up for it, or are you just prepared to let things get even worse?

 

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2 comments

  • “Order determining postconviction or postdisposition motion. Unless an extension is requested by a party or the circuit court and granted by the court of appeals, the circuit court shall determine by an order the person’s motion for postconviction or postdisposition relief within 60 days after the filing of the motion or the motion is considered to be denied and the clerk of circuit court shall immediately enter an order denying the motion.”
    So Zellner should have either amended it prior to 60 days of filing or in the alternative requested an extension announcing the desire to file an amendment. Since this requires a ruling within 60 days it permits a ruling in less time, 60 is the outer limit. Since she had no way to know when within the 60 days the court would rule the prudent thing would have been to file for an extension right away or file the amendments right away- not sit on them.

    Start getting something right for a change.

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