Steven Avery: Making of a Murderer

[JREF2010]

Zellner has become silent. The tests in progress and Radiocarbon dating seems to be the main allowance by the courts, other evidence testing denied. The hood latch DNA is to prove it was planted but not as we thought, instead it was "planted" probably by Poofy Hair?

NOV 2.....Jan 2.....Feb 2.....

These critical items of evidence will undergo testing as part of this week’s court order:

Blood flakes recovered from the floor near the center console of Halbach’s RAV4.

Bloodstain cutting from the driver’s seat.

Bloodstain cutting from passenger’s seat.

Swab of the RAV 4 ignition area where blood was found.

Swab of bloodstain taken from the rear passenger’s door.

Swab of bloodstain taken from a CD case found in vehicle.

Additionally, three other items of evidence used to secure Avery’s arrest and eventual conviction are subject to the new testing order.

Those items are:

A vial of blood said to be a sample of Avery’s blood from 1996. This was the vial of blood that Avery’s murder trial defense lawyers Dean Strang and Jerry Buting came across during their pretrial case research inside the clerk’s office at the Manitowoc County Courthouse.

A spare key for Halbach’s vehicle found in Avery’s bedroom by Manitowoc County Sheriff’s deputies James Lenk and Andrew Colborn.

The swab from the hood latch of Halbach’s RAV4 that later generated a DNA profile for Avery. Forensic testing on the hood latch was not performed by the Wisconsin State Crime Lab in Madison, even though the lab initially impounded the vehicle and conducted a battery of standard forensic tests. Rather, the swab of the hood latch that yielded the DNA profile of the murder defendant did not occur until six months later. In April 2006, Calumet County sheriff’s officials decided to carry out their own forensic testing of the hood area.

Zellner has said she wants to determine if the hood latch DNA swab was fabricated from other known DNA samples that were in the possession of Calumet and Manitowoc County law enforcement.

 

[JREF2010]

more additional info of whats going on-
Online court records show the judge submitted stipulations and orders for the testing, which includes radiocarbon testing and DNA source testing.

The evidence will be transported by a Calumet County sheriff’s lieutenant to the Wisconsin State Crime Lab in Madison, where samples will be divided in half by a forensic scientist from the crime lab and one chosen by the defense. The state has agreed the defense can have all of the blood flakes taken from the floor by the center console, if reducing them by half wouldn’t give them a sufficient sample to test.

The judge also stipulated:

The lab chosen by the defense will deliver results simultaneously to the state and the defense, including bench notes and photographs
The defense will pay for packaging, transporting and testing the samples
The remaining halves of the samples will be preserved by the Wisconsin State Crime Lab
The order was agreed to by two special prosecutors and two defense attorneys, including Zellner.

 

[JREF2010]

Testing denied- Fingerprint DNA...too bad.


“Since 2007, more sensitive forensic DNA techniques have been developed that can recover sufficient DNA for profiling from…fingerprints,” states the motion, which also requests fingerprints from Colborn and Lenk, the two Manitowoc County Sheriff’s Department deputies. “If the unidentified fingerprints on the victim’s vehicle match either Officer [Andrew] Colborn or Officer [James] Lenk, it would be significant evidence of their involvement in moving the victim’s vehicle onto the Avery property.” (Both Colborn and Lenk have denied they planted evidence.)

The motion asks to perform DNA tests on a lug wrench found in Halbach’s car, burned items found at the Radandt deer hunting camp and three locations inside Halbach’s car. “According to the State’s theory, Mr. Avery was not wearing gloves and bled from his cut finger inside the RAV-4,” the motion states, implying the state’s case would be undermined if Avery’s blood is not found in those locations.

 

[JREF2010]

who, what, where....I went looking to refresh my memory of the testing in progress for the Defense.

http://www.newsweek.com/steven-aver...and-accuses-cops-framing-him-bombshell-493873

I would imagine some of it is finished, its been months, which was the guesstimate but maybe they will wait for all of it to be completed that could be a very long time.

Then again maybe she has some of it completed and is why she tweeted the last NOT 1 but 8 planted tweet....hmm?

 

[Samson]

who, what, where....I went looking to refresh my memory of the testing in progress for the Defense.

http://www.newsweek.com/steven-aver...and-accuses-cops-framing-him-bombshell-493873

I would imagine some of it is finished, its been months, which was the guesstimate but maybe they will wait for all of it to be completed that could be a very long time.

Then again maybe she has some of it completed and is why she tweeted the last NOT 1 but 8 planted tweet....hmm?

Zellner is gold standard.

She does not pussy foot, she charges around like a bull in a china shop.

Eggsellent.

 

[Davidm]

more additional info of whats going on-
Online court records show the judge submitted stipulations and orders for the testing, which includes radiocarbon testing and DNA source testing.
...

Given the typical margin of error for radiocarbon dating, how can that kind of testing be relevant? What am I missing?

 

[AlaskaBushPilot]

Given the typical margin of error for radiocarbon dating, how can that kind of testing be relevant? What am I missing?

Good question. This, apparently:

https://www.nij.gov/journals/269/pages/carbon-dating.aspx

Predicts birth year withing 1.5 years. Pretty amazing.

 

[Davidm]

Good question. This, apparently:

https://www.nij.gov/journals/269/pages/carbon-dating.aspx

Predicts birth year withing 1.5 years. Pretty amazing.

Interesting. That's a different principle but it makes sense. Of course it determines the time of birth rather than the time of death.

 

[AlaskaBushPilot]

Interesting. That's a different principle but it makes sense. Of course it determines the time of birth rather than the time of death.

Yeah, it sure is. They do time of death too - they talk about it in that article. It's not as accurate, but on cold-cases it sure narrows down a lot of the possibilities.

I'd say we don't know the half of what Zellner is up to and the kinds of capabilities the tests have. Gold standard, I agree.

 

[JREF2010]

Aug 2016 "large number of scientists," including those from Stockholm, Sweden; Vienna, Austria; California and Illinois will do the testing, according to Zellner.Zellner told reporters the defense will do every conceivable test to prove Avery's innocence, including one that will determine whether blood was planted during the investigation.The tests could be completed within the next few months, she said.

AUGUST 2016
“Mr. Avery has already completed a series of tests that will conclusively establish his innocence,” Zellner said in the new motion, according to Newsweek. The news magazine said Zeller will “reveal her theory on the identity of the real killer once she has the results of the new tests she intends to conduct.”
*******************************************************

I'm trying to wrap my small brain around this filing of Zellener/Avery....who's doing what? Im trying to dumb this down on whats being tested and where by whom.

Sources of DNA...where the DNA "really" came from...
blood, urine, saliva or semen are the only choices.
(ok? I get this kind of. Zellner wants to first show what the DNA is to blow holes in the prosecution case theory. Is it Blood or Saliva on the Key will be found out.) They asked for Fingerprint testing but was rejected by the Courts, right? So no New DNA tests for fingerprints (broken light and license plate dismissed for now).

**DNA Source Testing to be done by Dr. Reich, Illinois.

RC14 testing Dr.Spalding & Dr. Steier on blood from RAV 4.
If the results are 14C/C its from 2005, if blood was planted from the 1996 vial it will be a different value. Also this test could detect EDTA.

If RC14 fails due to contamination, Dr. Horvath DNA Methylation is to be performed at UCLA. in 2012 alogrithm could correlate chronological age to 96% of 9 tissue samples.
To 3yrs for blood and 18 months for buccal swabs.
Marco Boks used this testing for war vets and saw 99.7% accuracy, median error in months. (so determining between 1996 vial of blood and 2005 seems easy?) If RC14 is conaminated the backup for age testing is to be done byDr. Devon Absher, Alabama.

For the Key and buccal swabs, Trace Testing to be done Mr. Palenik.
Checking for what was used to wipe his DNA onto the key and used to wipe off TH dna from the key. Also to test if ,as the prosecution stated, Averys blood hid TH's DNA on the key. Buccal swab testing taken from Avery and correlate to the hood latch.

Dr G Nelson Eby to test the bullets, at Massachusetts.


hmmmm?

I dont see anything much on the bones?
And I dont see anything on my current interest of the "edited" Pagel Helicopter fly over.

Hillegas or Randant?.....either way Lenk and Colburn were the "gardners"..
Cuts and bruises on the hands, lies about fires they couldnt see....still not Obvious to me.

 

[JREF2010]

Good question. This, apparently:

https://www.nij.gov/journals/269/pages/carbon-dating.aspx

Predicts birth year withing 1.5 years. Pretty amazing.

Im actually starting to understand , at the least, what this testing is.
Interesting article and the graph helped. Based off the nuclear bombs, never knew all that. The drop off of the graph shows this case can benefit from this testing. 18 months. Zellners talking 1996 or 2005...seems shes betting on the vial being the source for the planting police.

So now trying to decipher her tweets, "Not 1 but 8 planted" she mentions could be the Source DNA testing is finished which would be more of a basic testing= faster results.

Im guessing here. Im assuming the RC14 takes longer. Hopefully its not contaminated, but it looks like per her filing, theres a back up plan for the aging tests.

I suppose if Steve gets released and the State and County owes him 100's of millions he might fund more testing to find the real killer and the planters.
Support Pete Baetz being Sheriff and the books could open up and people would talk most likely.

Lenk and Colburn wont have the crooked smirk grin, forever like they did on the stand. Its wierd even on the MAM you notice Colburn is there all the time walking Brendan to the car, sitting behind Brendan in court, almost an impression he was keeping everyone away from him and a abnormal close watch of the trial activities.

Kind of sickening really, how the State , just passing the Avery Bill, allowed the MCSD and Kratz to ignore RH, and all the others and Tunnel Vision on Avery? how bizarre is that? All those suits on State Hill doing nothing for a Bill they just signed into law? They should be held accountable for a new law called DO NOTHING POLITICIANS LAW...where they are immediately removed from office and only given 4 cardboard boxes to get out in 4hrs.
ha

 

[JREF2010]

Zellner in August- 2016
https://www.youtube.com/watch?v=4nAk_FBaXMg

A lot of silence in some ways, but the works going and the big test completion should be soon.

She states it well, going backwards mentioning 3 months. But the data and tests already completed will prove his innocence but they are going to go ahead and do the full testing available.

She talking buccal swabs and not only blood. Seems the Hood Latch is a big one to her.
Saliva is on the Hood Latch, so the Source DNA testing.
Carbon14 tests to complete at 2 months..estimate.

Post Convcition trials can take up to 3 yrs.!! yikes.

 

[Samson]

Blood in the Rav4 looked tough. Lucky cool hands Jerry and Dean found that little accident of Lenk's.

Funny how these essential ingredients are so often snake oil....

 

[JREF2010]

Its interesting too for Kratz, he says on TV the hoodlatch evidence was the big one for him.

Yet the courts didnt allow the fingerprint study. odd?

Luckily for Steve he didnt admit he did it (he avoided the coerced confession) so the SUV evidence is the big one. There is no sweat DNA, so its probably not urine and its not semen, so we know its not blood too...now that leaves saliva as Source DNA.

So for the Hoodlatch the DNA was there because:

a) Steve licked the hoodlatch
b) Someone planted it

If someone planted it, who would have access to Steve's DNA saliva
a) police
b) Loof the police dog

Its saddening the courts didnt allow Zellner to test everything, she offered to pay for it.

 

[JREF2010]

Blood in the Rav4 looked tough. Lucky cool hands Jerry and Dean found that little accident of Lenk's.

Funny how these essential ingredients are so often snake oil....

whats the little accident?

this case has gone into legal-desert nothingness waiting game for science.
months to get the data. and then the data has to be sorted and confirmed.
who knows...it was also the holidays.

I feel a bit better to know what, who and where the tests are being done but its a long wait in real life, TV shows are so much faster.

A 6th grader without legal training or police training can see Lenk and Colburn are obviously up to no good. How deep it goes for the $36million case and Sandra Morris MCSD Hate club vs Avery Clan is unknown.

the sickening capital hill suits who signed the Avery Bill and did nothing is probably to blame for the quick rush to judgment and turning a blind eye to the obvious case of poor investigation and skullduggery. They all deserve to lose their jobs. ...politicians running the country instead of real people.

Hopefully SA will get out and this time the Capital Hill suits will be presenting him a $100million+ check and their resignation for being failures and cowards.

The Steve Avery Bill.....geeez

 

[Chris_Halkides]

Sweat and DNA

JREF2010,

At least one reference I have seen indicate that in general sweat does have DNA (I may have posted that reference here a long time ago). However, I am adamant that if one has not identified a source via an independent test, that the DNA should be considered "sub-source" and treated accordingly. Is there any reason to rule out sweat?

 

[JREF2010]

JREF2010,

At least one reference I have seen indicate that in general sweat does have DNA (I may have posted that reference here a long time ago). However, I am adamant that if one has not identified a source via an independent test, that the DNA should be considered "sub-source" and treated accordingly. Is there any reason to rule out sweat?

Zellners filing , page 11, item 20.
The sentence reads
-it is undisputed there is no such thing as "sweat dna".

the following items 21...28 or so, talk about testing for semen, urine, blood , saliva..

anyway thats where I understood the "sweat dna"

 

[JREF2010]

Anyone else reading the Zellner Motion?

Everytime I read it , its like the next Season of MAM.

So Factbender was the one who brought in the Hoodlatch via Brendan coerced interrogation. How did Factbender know about the DNA, invisible Hoodlatch?

RH is listed a lot and was calling Cingular numerous times for password assistance....and he was signing into the property using a false name? How strange can this case get. And all those calls with MCSD? what? RH and MCSD? hmmm?

Pagel gets a lot more mention too.

This Randant cat, whats up with him and his lies about fires and the Quarry near his trailer? hmmm...

Has RH, or Lenk or anyone been lawyering up?

 

[JREF2010]

Zellners motion (pdf)- aka Season 2 MAM....

http://www.stevenaverycase.org/wp-c...on-for-Post-Conviction-Scientific-Testing.pdf

Line 44 is interesting. I had always asked if the RAV 4 is still in quarantine and it seems to be available because Zellner asks for more samples straight from the RAV4. "to scrape new samples from the RAV 4"

 

[Chris_Halkides]

DNA in sweat

There is DNA in sweat. “Cell free DNA as a component of forensic evidence recovered from touched surfaces” Quinones I., Daniel B., Forensic Science International: Genetics 2012 6(1) 26-30. PMID: 21292581. doi:10.1016/j.fsigen.2011.01.004.

“In this investigation, the presence of CNAs [cell-free nucleic acids] in sweat was detected on 80% of healthy individuals tested, with an average concentration of 11.5 ng of cell free DNA recovered per mL of cell free sweat. The mechanism for diffusion of CNAs into sweat is currently unknown, but is thought to be analogous to the excretion of other metabolites in sweat through sweat ducts.”
EDT
DNA can be found in sebaceous fluid, according to work by Vecchiotti. DNA that arrives via touch may have more than one source, including cell-free DNA. I don't think that the distinction between touch DNA and sweat DNA is especially important in the context of this particular sample. However, if there is no tissue or fluid associated with a DNA profile, then it is sub-source DNA, and one should not call it sweat DNA, touch DNA or anything else.