Supplemental to Avery’s Motion for Reconsideration Nearing Live Coverage

With the Defendant Steven Avery’s Supplement to Previously Filed Motion for Reconsideration, following hot on the coattails of Attorney Kathleen Zellner’s previous filing, updates are nearing live coverage. The fact that Mr. Avery’s Supplement to Previously Filed Motion for Reconsideration was filed the day following a sworn affidavit by Brad Dassey, and a further supplemental affidavit by Gary Hunt, indicates not only growing pressure, but also, a growing confidence.

Following on from BTR’s previous article on October 28th, an affidavit given by Kevin Rahmlow disclosed details of sightings of Teresa Halbach’s Rav4 on both the 3rd and 4th of November. Rahmlow’s affidavit was amplified by his revelation that he also reported his sighting to Sgt. Andrew Colborn of the Manitowoc County Sheriff’s Office at a nearby Cenex station. No official report of Rahmlow’s and Colborn’s interaction has yet come to light.

 

Rahmlow’s affidavit also contained text messages sent between himself and Scott Tadych. Rahmlow’s declaration that he had spoken with Colborn on either the 3rd or 4th apparently fell on deaf ears as Mr. Tadych’s response was to delay because of ill health. Tadych’s following correspondence with Rahmlow was off topic and did not make mention of his previous comments to Mr. Tadych.

 

Rahmlow’s account of informing Sgt. Colborn of the whereabouts of Miss Halbach’s Rav4 on the 4th of November 2005, is somewhat at odds with Colborn’s ‘calling in of the [Rav4] plates’ the previous day. Whether or not Sgt. Colborn was aware of Halbach’s vehicle before his alleged contact with Rahmlow remains to be discovered.

Senior Forensic Examiner Gary Hunt’s affidavit testified to receiving a forensic image from Zellner & Associates along with a previous report from DCI Tom Fassbender, re-examination of the Dassey computer. The forensic image seized by Law Enforcement on 21 April 2006 was examined further by Hunt. His findings, along with Bryan Dassey’s sworn statement that his brother Bobby had declared to seeing Ms. Halbach leave the Avery Salvage Yard, have both lead to the latest Supplement to Avery’s Motion for Reconsideration.

During the 11 years between forensic image examinations by Law Enforcement, followed by Mr. Hunt’s, technological progress has clearly been furthered. Dr. Hunt has not only been able to extract searches from the ‘Dassey’s computer’ but has also been able to uncover the times of said searches. Using these time-stamps, Steven Avery’s Attorneys claim that the only person in residence at the Janda property was that of Bobby Dassey, brother to Brendan. The searches recovered lead to uneasy reading and viewing and pertain to underage pornography being accessed. Add to this, searches involving deceased and drowned girls along with both pictures of Miss. Halbach and Mr. Avery, serious questions have been raised. Questions not merely aimed at Bobby Dassey but also towards law enforcement’s original findings.

As to whether tests revealed any similar discoveries after the seizure on the 21st April 2006 remains to be seen. The fact that evidence was not raised at the trial of Brendan Dassey regarding the seizure indicates that either nothing was discovered or what was discovered did not fit in line with the State’s narrative. In a case where the evidence was few and far between, apart from a highly disputed confession the opportunity to implicate Brendan Dassey further would surely have been taken?

Mr. Avery’s Supplement to Motion for Reconsideration (below) included further intrigue as to the contents of the ‘Dassey computer’ in the form of an affidavit by Brad Dassey.

 

Brad Dassey, half brother to Bryan, Bobby, Brendan and Blaine by his father Peter, has sworn of a conversation with Barbara Janda, (now Tadych), in which he cites Barbara’s acknowledgement of hiring someone to ‘reformat’ her home computer. Dassey goes further by adding that Barbara ‘did not want anyone to get what was on her computer.’ From Dassey’s affidavit, he claims to have been interviewed by ‘the authorities’ after contacting them regarding the conversation he’d had with Janda. As to the whereabouts of this report, again BTR is not aware of any such report being available.

Perhaps most explosive of all however, is the recorded conversation between Mr. Avery and his sister Barbara Tadych (formally Janda) that occurred just one day after Mr. Avery’s Motion for Reconsideration on the 24th October. The call, transcribed from recordings made by Century Link, references Scott Tadych, in the background sporadically adding to the conversation.

Barbara Tadych’s repeated claims that she ‘didn’t have internet’ would appear to be futile. As to whether the ‘Dassey computer’ was connected to the internet via an account in their name or not would appear irrelevant. With data having been recovered from the Dassey’s home computer being already established, the argument becomes somewhat mooted.

Of note during Mr. Avery’s call to his sister, were Barbara Tadych’s  claims of being pressured by law enforcement officials as to when she was residing at the Fox Hills resort during her son, Brendan Dassey’s interviews with police. ‘If I woulda left-If I woulda left Fox Hills, they woulda have arrested me’. Tadych’s earlier claims that ‘You’ll have a dead sister’ to her brother offered only to reinforce her condition.

During their brief conversation, Mr. Avery hinted to the fact that their conversation was being recorded when not specifically addressing who he was referencing when claiming ‘I know they got a temper, that’s all I know’. When asked by his sister, ‘who does?’ Mr. Avery’s response was telling. ‘Well, you don’t want me to put it over the phone, do you?’

Barbara Tadych’s initial denial, followed by a sharp u-turn that she met with Miss. Halbach once at the Avery Salvage Yard was in addition to her revelation that she and indeed Scott Tadych were both aware of Halbach leaving the property on the 31st October 2005.

 

STEVEN AVERY: And he said he left, she left

SCOTT TADYCH: That’s right.

BARB TADYCH: Yeah, she left.

STEVEN AVERY: Yeah.

BARB TADYCH: Yeah

STEVEN AVERY: Well, he [Bobby Dassey] he didn’t testify for that.

BARB TADYCH: [Sighs]

Barbara Tadych’s acceptance of the fact that she knew Ms. Halbach had in fact left the salvage yard could likely only be because her son, Bobby Dassey, told her.

Before the telephone conversation was over, we were left with one final piece of information. The reason for the call ending? Brendan Dassey was trying to contact his mother Barbara. If Barbara’s statement that ‘I gotta go, Brendan’s calling me’ are to be believed one thing can be taken as given. Mr. Dassey’s attorneys of Laura Nirider and Steven Drizin will be as interested in listening to that call as Kathleen Zellner was listening to the previous.

 

Please feel free to contact me on twitter @51kikey or via email: jdidcock@betherain.org

 

 

 

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    James Didcock

    Journalist

    Writer at betherain.org Non profit organisation detailing Justice Reform and Environmental Issues. Get involved and make a difference.

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