Convoluted Brian

the weBlog of Brian McCorkle

The Importance of Understanding

Kratz Claims Avery Wants to go back to Prison – Really?

Motions for the upcoming trial of Steven Avery revealed interesting behaviors and allegations. There is an additional special prosecutor in this case; Tom Fallon from the state attorney general’s office.

It is not unusual in high profile cases for prosecutors to try to outgun defendants. If the defendant has enough financial resources, this tactic doesn’t work. For the rest of us, we face a trial by attrition rather than facts.

This might reflect a problem though with the prosecution case. There is some evidence that ties Avery to the vehicle identified as Teresa Halbach’s. But, at least so far, evidence that would corroborate the Brendan Dassey confession has gone missing. One of the statements was that Avery had placed Halbach’s body in her vehicle and then shot her about ten times. The burnt remains of Halbach were found in a nearby fire pit, but where are the bullets?

A recent allegation by special prosecutor Ken Kratz is that Avery planned and committed the crime because he longed to return to prison. This claim has been reported with much seriousness.

Kratz wants to submit this claim during the trial. But, he wants to suppress the fact that Avery was falsely charged, prosecuted, convicted, and imprisoned for a crime committed by another.

It turns out; the claim stems from one of the confessions of Avery’s nephew Dassey. Apparently, the interrogators got an opinion from Dassey that Avery did the torture, rape, and murder because he missed prison life. Kratz now thinks that Dassey is one of those omniscient profilers that are so prevalent in the evening scripted crime weeklies.

The way this was reported as serious makes me wonder if the local news programs are related to the weekly sitcoms.

This is another theory of the crime. Prior theories were that Avery planned a torture while in prison, or that he had a long history of assaulting females. The claim by the prosecution of Avery’s history of attacking females is bogus. He did attack one. The claim of the torture plan is based on statements of prison snitches. Those words have yet to be tested.

But, the fact that Avery tried to get his sentence overturned and the legal system is biased toward maintaining false convictions is not important to Kratz. Nor is the fact that Avery went to the Innocence Project in an attempt to get out of prison.

The special prosecutor wants the false imprisonment fact suppressed and at the same present his “longing for prison” theory.

What is the deal with this case? Ken Kratz had evidence, a confession, and proximity. Maybe he has some very solid evidence to prove his case. But, the little evidence he has is far overshadowed by missing evidence. No blood or other body fluids to account for the massive amounts needed to corroborate Dassey’s confession have been announced. This was a crime that the prosecution claims occurred in daytime, yet there are no witnesses of two men carrying a body from the front of Avery’s trailer to his detached garage. And no witness observed two men moving anything from the garage to the fire pit behind the garage. And all those shots fired in the garage; nobody heard.

And there is Avery. He has consistently denied committing the crime. He settled his lawsuit against Manitowoc county for a pittance to pay for legal aid. He doesn’t appear to be eager to return to prison.

I hope the prosecution team can get serious. We all want the person who killed Halbach to go to prison. At least one person wants the conviction to be based upon fact and reliable police work.

by Brian McCorkle
posted on 31 July, 2006 at 22:18 pm
in category Brendan Dassey,Steven Avery

The prosecution has a new theory in the Teresa Halbach murder case. Steven Avery missed prison so much he committed this awful crime. The problem is; Steven Avery is not confessing so he could return. He acts more like a person who does not want to go to prison.


Dassey Audio, Video, and Transcripts

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