Ken Kratz’s Excluded Evidence Is Total Garbage Part II

Visual Aide To Help Readers Understand The Worth of Ken Kratz's Evidence

Last night I published Part I of this theory and went through, item by item, what Ken Kratz claims was evidence deliberately excluded from Making A Murderer by film makers Moira Demos and Laura Ricciardi to deliberately create an unfair bias against the prosecuton.  Tonight, January 6th, 2016, I will be picking up Mr. Kratz’s gauntlet and then throwing it back down again.  My wrath after seeing Making A Murderer is unquenchable, and I will not stop, through all legal and ethical channels available to me, until Steven Avery and Brendan Dassey are once again free men.  By now you’ve probably seen Ken Kratz making the rounds on various media outlets popping a lot of trash about Making a Murderer and how he was so unfairly depicted.  I urge you to read both Part I and Part II, discuss it, add to it if you think of something else, and circulate it if you believe it has merit so we can immediately put a stop to Ken Kratz’s campaign of lies and disinformation.  Thanks.

 

  • Also found in the fire pit was Teresa’s tooth (ID’d through dental records), a rivet from the “Daisy Fuentes” jeans she was wearing that day, and the tools used by Avery to chop up her bones during the fire.
    • Wouldn’t you expect to find teeth where you’d find bones?  Did Teresa Halbach have only one tooth?  If not, where are the other teeth?  If anything, this item of “evidence” favors the theory that her remains were moved to the burn pit behind Steven Avery’s house from another location, unless the fire was so hot that it melted her teeth.  But how could the fire melt her teeth, and not her bones?
    • There was only one rivet found from the “Daisy Fuentes” jeans?  One must ask how many rivets does a pair of Daisey Fuentes jeans have?  Jeans that have rivets usually have at least two, if not four or maybe even five?  What about the zipper?  Did the jeans have buttons?  Once again, finding a only a single rivet works against, not for your theory that the burn pit behind the red trailer was the primary burn location.
    • How is it know that the tools were used to chop up Teresa Halbach’s bones?  Were there traces of Teresa’s DNA on them?  And let’s say for arguments sake there were such traces.  If Teresa’s body was burned at a location other than the burn pit behind the trailer, it’s just as likely that the tools were used at these other locations as well.  It proves absolutely nothing.
  • Phone records show 3 calls from Avery to Teresa’s cell phone on Oct 31.  One at 2:24, and one at 2:35–both calls Avery uses the *67 feature so Teresa doesn’t know it him…both placed before she arrives.  Then one last call at 4:35, without the *67 feature.  Avery first believes he can simply say she never showed up (his original defense), so tries to establish the alibi call after she’s already been there, hence the 4:35 call.  She will never answer of course, so he doesn’t need the *67 feature for that last call.
    • All of this goes to your crazy theory that he was targeting her (your words), but it makes no sense.  If Teresa answered the phone, wouldn’t she have known who it was who was calling her?
    • Is it possible that the appointment was set for 2:30, and he would have already assumed that she was on her way?  Why then would he need to call her?
    • What did AutoTrader tell Steven Avery when he supposedly requested Teresa?  If ithey told Avery that they were going to send Teresa, what reason would he have had to call her a few minutes before he was due to arrive?
    • Is it not highly relevant that they did send Teresa, and that she willingly went?
    • If Teresa was already on her way to the Avery property, and she obviously was, what possible difference does it make if he used *67?
    • How this is somehow evidence that Steven Avery murdered someone, I cannot fathom, but if suspicion were to be cast on the use of *67, it would only make sense if it were used after the appointed rendezvous, not before when Steven Avery already knew, or was given assurances that she was on her way.
    • Is it possible that Steven Avery had a change of plans that day?  Might he have received a call from someone needing his help?  Might he have been in the shower?  Was Teresa even able to get cell phone reception at the Avery property which is fairly rural (I wasn’t able to get good cell phone reception when I was there on December 25th, 2015, ten years later.
    • How is it that not using *67 creates an alibi?
    • Funny to think that maybe Steven might have left a message, but maybe that message was deleted?
    • It is your explanation of the these series of calls, Mr. Kratz that reveals you as a dishonest man.  My theory about how you concocted such a convoluted theory is that you realized at some point that it makes no sense whatsoever for Steven Avery to have called Teresa Halbach unless he was under the misapprehension that she was still alive at 4:35 pm, long after you convinced the jury that the murder had occurred.  
    • He didn’t use *67 because Teresa had been to the property, they had a non-eventful business exchange, and Teresa left, possibly after Steven Avery looked under her hood to check a belt, a noise, or any number of other things.  The fact that *67 wasn’t used at 4:35 pm suggests that trust was established and there was no longer any need to use it.

  • Avery’s DNA (not blood) was on the victim’s hood latch (under her hood in her hidden SUV).  The SUV was at the crime lab since 11/5…how did his DNA get under the hood if Avery never touched her car?  Do the cops have a vial of Avery’s sweat to “plant” under the hood?
    • By your own admission, Mr. Kratz, Teresa had been out to Avery Salavage at least five times over a span of time.   I know that there are a lot of women out there who know how to fix their own cars better than men (I know nothing about fixing cars and have never had a desire to learn), but more women than men don’t, I think it’s safe to say.  For all I know, Teresa Halbach was a master mechanic, but if she was typical for a woman her age, she might have seized the opportunity to ask someone like Steven Avery, someone she had to have known had knowledge of cars, to check under her hood for dozens of possible reasons.  Five prior occasions, Mr. Kratz!  Even if Teresa’s car had been thoroughly washed between the first time she visited Avery’s property, and the last, it was DNA under the hood, as you say yourself, shielded from cleansing.  We don’t need a conspiracy theory involving cops going around with vials of sweat planting evidence to explain any of this.
    • Tellingly, you leave out a very important counter consideration.  If there was DNA from sweat found underneath the hood, were there also finger or palm prints too?  How could someone leave DNA from sweat from their hands without also leaving prints behind?
    •  Is Steven Avery known to have sweaty palms?  If not, it’s hard to imagine why he was sweating at all that day given that the high that day was only 55 degrees fahrenheit (12.8 Celsius).  My hands don’t sweat at that temperature unless I’m wearing gloves, and if I’m wearing gloves, the sweat from my hands isn’t transferred under car hoods.
  • Ballistics said the bullet found in the garage was fired by Avery’s rifle, which was in a police evidence locker since 11/6…if the cops planted the bullet, how did they get one fired from HIS gun?  This rifle, hanging over Aver’s bed, is the source of the bullet found in the garage, with Teresa’s DNA on it.  The bullet had to be fired BEFORE 11/5—did the cops borrow his gun, fire a bullet, recover the bullet before planting the SUV, then hang on to the bullet for 4 months in case they need to plant it 4 months later???
    • Maybe Ryan Hillegas planted the bullet from blood he got maybe from a tampon over where she lived with Scott Bloedorn, or maybe from some other source???
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20 comments

  • I stumbled upon your website due to my obsession with MaM. Like you I really feel sorry for Steven and Brendan, they are victims of corruption and miscarriage of justice and their plight really affects me. Thank you for doing this and best of luck to you.

  • My theory is that TH leaves SA property drives toward home following highway 147 and passes a house with a for rent sign at 9414 Cty Hwy Z in Maribel and stops to get a hustle shot to put in a rental magazine and is met there by some referred to as the German that has been reported to the police by his estranged wife for evidence that is disturbing to her that she finds when she is getting ready to move from Bonduel to the address stated above . More about the German and this incident can be found on the blog of convoluted Brian which was written about in 2006 ! The German is reported to have been arrested and held during the TH murder timeframe . Cops find the perfect crime to pin on SA for 36 million reasons

    • Shaun Attwood has a video about that guy. The story is astonishing!

      https://www.youtube.com/watch?v=DhlgZh28Fx8

      Also, there is a long phone call between Remiker and Weigert about the missing person case. Weigert says in their conversation that her movements were: New Holstein, Avery, and LAST at Zipperers. That fits the timeline, given her driving all the way from New Holstein. It’s highly unlikely she could have done both photo shoots and finish up at Avery’s. It even fits the 3pm-ish estimate of Mrs Zipperer for when Teresa was at their house.

      After that – who knows? Maybe she went home or somewhere else. There were reported sightings of her RAV after that time, which was also talked about in the Remiker/Weigert call.

  • I personally see the conviction of Brendan Dassey as the most troubling and the best of the two convictions to attack first, as the lack of evidence and conflicting information are overwhelming. He was convicted on the basis of his confession, and the confession can be refuted by the lack of corroborating physical evidence. The lack of any blood or DNA evidence in the bedroom is very powerful evidence in itself. How is it possible that they violently assaulted her in Avery’s bed without leaving bodily fluids? Slitting a person’s throat causes significant bleeding. Am I to believe that Steven Avery is diabolical enough to sheet the bedroom in plastic beforehand (a la the TV character Dexter), but stupid enough to leave her vehicle poorly camoflaged on his car lot? A massive bleach cleanup or new mattress on the bed would likewise leave significant physical evidence that the prosecution would, without doubt, use at trial. There are many other reasons Dassey’s conviction should be overturned, but physical evidence in the bedroom seems one very important item.

    • The message that I want to get across to people is that YOU, dear citizen, have the power. If you are unwilling to make politicians pay for what they have done, you don’t deserve a better government. Please consider doing something.

    • Nothing matters but the city owed Steve Avery 36 mil and could not afford it. If he is 100 percent innocent I do not know why they had to set up two people. Everyone acts so shocked. This is how it goes. Or they did it. Boom. Do your mental masterbation all day or buy a puzzle at target.

  • 1. How about the fact that only Avery’s DNA was found on the key and not Teresa’s? And just DNA ,did they not find his fingerprints? If not then it would imply that he was wearing gloves but then how did the blood from a cut on his finger get in the car?
    2. The RAV4 they found was in pretty good condition.It was just covered in some branches in a supposedly failed attempt to “hide it”. Also why didnt he just crush the car,he owned a salvage yard and had a crusher lying around. Both these points were mentioned by Buting but i am not sure whether they raised them in the trial

    • Check out more photos of the RAV in @brendanandsteve . The front left parking light is broken out. It is actually in the back of cargo area of the vehicle. Also, the wheel well is missing in the front left. Mud on tires. All of that should have been tested for finger prints. The question: were they? Was the mud all from the Avery property? Or possibly from elsewhere in the area? The off property quarry maybe?

      e.g. https://twitter.com/BrendanandSteve/status/683068778905792512

    • Why didn’t Avery at least drive the car off of the property, say a hundred miles down the road?

  • A condition referred to medically as ‘perspiration’; sweat is a cooling mechanism for the body and help maintain constant internal body conditions. However, it essentially water and dissolved salts and in itself does not contain any cells or DNA

    • Thanks for that explanation. It’s why lawyers should never try to talk biology. They aren’t trained in it.

      There is a fascinating podcast on Forensic DNA on fivethirtyeight.com that talks about the need for lawyers to be trained in at least the basics so they don’t make wrong assumptions about it. They really are mostly ignorant (as am I, but I’m researching, learning, and don’t assume I do understand all of it).

      I wondered why JButing was quite assertive about the problem with this characterisation by Kratz. I’ve read elsewhere that it is ‘epithelial’ DNA, which could be skin or saliva, like cheek swabs. Guess what: they collected cheek swabs from Steve. So were the family:

      — ‘The family members who were taken by deputies to give DNA samples were Avery’s parents, Allan and Dolores Avery; his brothers, Charles and Earl Avery; his sister, Barb Janda; and Janda’s sons, Bobby and Bryan Dosey. Kratz described them as “individuals of interest” in the investigation and said none had been arrested.’
      https://web.archive.org/web/20051125202101/http://www.jsonline.com/news/state/nov05/369294.asp

      The problems in the Culhane’s crime lab could mean more contamination. I don’t trust what she’s saying about much. That’s why the defense is supposed to be able to get independent testing. Culhane isn’t doing ‘blind testing’. She has notes to the effect Fassbender told her early on they needed to place Steve in the car and in the garage. Guess what. She obliged. She had access to whatever she needed to do it, too.

  • Thank you for your attention to the case, Daniel, you have a new fan in me & more to come.

  • Yeah, the bullet argument is so weird. They found shell casings all over the goddamn place, and they'd probably been there for a while. If one believes the bullet may have been planted (which I do), it's certainly possible that they found a bullet in the garage that was fired months before the murder. I'm not sure why they think a planted bullet found after the gun was in custody must have been fired while the gun was in police custody. Furthermore, I think we saw just how "secure" evidence in police custody can be. Did anyone check the evidence locker for scotch tape? Only slightly kidding on the last sentence.

  • Yes, the botched test. Very troubling for so many reasons. I plan to devote and entire section on the blood. Thanks for your comment.

  • 9. Ballistics said the bullet found in the garage was fired by Avery’s rifle, which was in a police evidence locker since 11/6…if the cops planted the bullet, how did they get one fired from HIS gun? This rifle, hanging over Aver’s bed, is the source of the bullet found in the garage, with Teresa’s DNA on it. The bullet had to be fired BEFORE 11/5—did the cops borrow his gun, fire a bullet, recover the bullet before planting the SUV, then hang on to the bullet for 4 months in case they need to plant it 4 months later???

    response: This should not matter. The bullet had no blood, but did test positive for Teresa's DNA on a contaminated test which should have been thrown out/invalidated. If the lab tech can contaminate the test with her own DNA, she could have just as well contaminated the test from other items with teresas DNA that she had been working with.

    Bullet could have been planted, does not have to be Sherriffs who plant the bullet or DNA on said bullet. Teressa's DNA could have been planted on the bullet from her clothes which may/may not have been burned by the killer.

    None of above should matter test should have been disregarded.

    • The testimony of the ballistics expert had to back down on his positive ID of that bullet coming from SA gun. On cross examination he had to admit that it could have been fired from any Marlin model 60 .22 caliber gun as it could not be 100% certain it came from his gun in particular

      • Know who else had a Marlin 22 on that property?

        Barb.

        Speaking of the Jandas. Where is Tom Janda? I’ve read absolutely nothing about him and yet he is supposedly still living there according to Bobby in his testimony. Do we know anything about him?

  • On Nov. 5th TH car was found on the SA property.
    On Nov. 6th police confiscate SA car and a flatbed truck.
    On Nov. 7th Wisconsin State crime lab comes back with "significant" evidence from TH car.

    Surely there was enough DNA in his car and truck to use to put in TH car as incriminating evidence.

  • Maybe its just me but if this whole thing about TH being handcuffed and chained to the bed is true, wouldn't there be significant marks on the bed posts, rungs, frame or something? I find it hard to believe that someone handcuffed, chained, and struggling for her life would not be able to produce some sort of significant dig marks on wooden headboard or bedpost.

    There are so many questions left unanswered be this whole case/investigation. I struggle to make any reasonable theories without seeing the trial in it entirety or being able to search through any evidence file.
    * The main kicker to me in this whole thing is, How in the hell did Colborne have ZERO explanation for how he was able to produce the license plate number on November 3rd. I mean he couldn't even produce a lie.