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Steven Avery’s Skeletons In His Closet

As we all know, Steven Avery has skeletons in his closet – so this information probably isn’t new to a lot of readers, but it goes to show what the State was ready to introduce as ‘evidence’ during the trial.

On 2/21/16, more documents from the Steven Avery trial were uploaded to Stevenaverycase.org and with it came a  “Second Supplementary Memo in Support of Other Acts Evidence”.

This document was prepared by the State and was ready to brought up as ‘evidence’ in court – of 9 different things from Steven Avery’s past to portray him as a dark and sinister man.

The judge (Judge Willis) denied the motion. The main reason why this was denied is because the verdict would have gotten thrown out on appeal because although Steven does have skeletons in his closet, they do not have anything to do with Teresa Halbach’s murder – that ‘evidence’ would have tainted the jury even more because they would try and connect his past with the murder and it would be impossible to persuade the jury to not connect the two.

Redditor Fred_J_Walsh did a great job summarizing the memo below. (all emphasis is their own)

The newly uploaded Second Supplementary Memo in Support of Other Acts Evidence[1] (submitted 08-09-2006) provides new details related to “(Decision and Order on) State’s Motion to Allow the Introduction of Nine (9) Items of Other Acts Evidence”[2] 

Selections reprinted below. For entire 14-page document see first link.
(Note: All the State’s motions to introduce these “other acts” evidence were denied by Judge Willis, in the Decision and Order at the second link.)


1. Acts of Physical violence and threats by Steven Avery against his ex-wife, Lori Avery

Lori Dassey (fka Lori Avery) will testify…that their marriage was filled with physical abuse being administered to Lori, consisting of choking, hitting and punching. Lori will testify that Avery threatened that if she ever left him, he would kill her. Lori will say that Avery always gets what he wants, and becomes very violent when he is angry.

Lori Dassey will testify that in approximately February, 1988, she divorced Steven Avery. After the divorce, Avery would send Lori threatening letters in the mail, threatening to hurt or kill her and her family. Lori will indicate that Avery would sometimes send the threatening letters through their children, and that Lori obtained a court order so she no longer was required to have the children see Steven Avery in prison.

Lori will testify that while married to Avery, she ended up in the domestic violence shelter on a number of occasions, and that Avery had found her there in 1983 or 1984, when he had to be removed from the facility. Lori will testify that it is her opinion that if Avery had not gone to prison in 1985, she would have been killed.

Investigator Wendy Baldwin (Calumet County Sheriff’s Department) may provide testimony of statements made by Lori Dassey regarding the history of physical abuse between she and Steven Avery.

Manitowoc County Court documents, from Case 87-FA-118, include cards written to Lori by Steven Avery, including the statements: “I hate mom; she will pay; I will kill you; I will get you when I’m out; Daddy will git mom when daddy gits out.” Findings of the family court include that Avery was “impulsive; had threatened to kill and mutilate his wife; and refused to participate in programming while in prison”

2. Acts of Physical violence by Steven Avery against his girlfriend, Jodi Stachowski

Jodi Stachowski…will testify that during her [18-month] relationship with Steven Avery, he has been physically abusive towards her, including specific instances of slapping, hitting her with a closed fist, and throwing her to the ground. Stachowski also described one incident of Avery choking her, and that she was worried about Avery’s temper. Stachowski will say that Avery has hit her on three or four occasions hard enough where it has left a bruise. Stachowski will indicate that Avery is a controlling individual, and the only time she ever stood up for herself she and Avery argued, and he ended up choking her.

In a recorded phone conversation between Steven Avery and Jodi Stachowski on January 27, 2006, Jodi indicates that they (the police) know about Steve hitting Jodi; Avery indicates that she should deny everything and told Jodi that if she “cared about him, she would-that she could tell the police that she just fell down while she was drunk and that’s how she got the bruises.”

Candy Avery, wife of Earl Avery (and sister-in-law to Steven Avery) will testify that she was aware of physical abuse being inflicted upon Jodi Stachowski by Steven Avery. Candy’s 14-year-old daughter, Kayla, came home from visiting Jodi on one occasion and told Candy that “Jodi is sick ofbeing beat up by uncle Steven, can you help her?”

lnvestigator John Dedering (Calumet Sheriffs Department) and Deb Strauss (DCI) will testify that they interviewed Jodi Stachowski regarding her physically abusive relationship with Steven Avery.

3. 1982 Act of criminal cruelty involving the killing of a cat.

Witnesses, including Jerry Yanda and Peter Dassey will testify that on August 31,1982, Steven Avery was at his home, built a bonfire, and suggested that they “burn a cat.” Avery chased the cat, caught it, poured gas and oil on the cat, at which time the cat was thrown on the bonfire. The cat jumped off the fire, ran around and died’ Lori Dassey (fka Lori Avery) will testify that she observed the cat burning through the window, and running around the yard. Steven Avery and his friends were laughing about it.

4. Act of Recklessly Endangering the Life of Sandra Morris

Avery was interviewed by a [MCSD] Detective…and admitted that he forced Morris off the road, pointed his 30-06 rifle at the victim, as he was intending to frighten Morris in an attempt to stop Morris from making statements about Avery being naked in the roadway. After the confrontation, Avery said he took the rifle and placed it under the bed of one of his kid’s. Officers later recovered the 30-06 rifle from Avery’s home, and noticed a live round in the gun’s chamber.

5. Prior act of being a convicted felon in possession of a firearm

6. Sexual Misconduct with M.A. [teenage relative in 2004 – FJW]

M.A. will testify that she is the niece of Steven Avery, and that during the summer months of 2004, Avery had forced sexual intercourse with her. M.A. indicted that Avery had forced her hands over her head and had penis to vagina intercourse while lying on a bed at her aunt Barb’s house (believed to be that of Barb Janda). M.A. will testify that she is afraid of Steven Avery, and that Avery threatened to kill her and hurt her family if she told anyone.Avery also told M.A. that if she told the police, that everyone in the family would hate her.

Possible witness includes Investigator Wendy Baldwin (Calumet County Sheriff’s Department) who took the statement from M.A. about being sexually assaulted and threatened by Steven Avery.

Doris Weber, a friend of the Avery family, will testify that she previously spoke with Steven Avery about M.A., at which time Avery indicated he was “going with” M.A., and further admitted that he was having sex with her. Tammy Weber, daughter of Doris Weber, will testify that on one occasion, she heard Jodi Stachowski refer to M.A. as Steven Avery’s “bitch” and indicated that Steven has been “fucking her.”

Jodi Stachowski will testify that she believed Steven Avery and M.A. had a sexual relationship, as Avery told Stachowski that he and M.A. were sleeping together. Avery justified the relationship with his niece to Stachowski, saying that they were not “blood relatives.” Stachowski told Investigator John Dederine (Calumet County Sheriff s Department) that Steven had sex with M.A. at least twice, telling lnvestigator Wiegert (Calumet County Sheriff’s Department) that it happened once at Barb’s house and once “up north.” When asked how Steve described the encounters, Stachowski indicated that Steve said he “fucked her.”

7. Sexual Misconduct with J.A.R. [the 41-yr-old who in 2005 claimed SA raped her in 1982/83 – FJW]

J.A.R. (DOB –/-/64) will testify that in 1982 or 1983, while living with Steven and Lori Avery, she was sexually assaulted by Steven Avery. J.A.R. will describe the incident as she laying on the couch, when Avery came over and began fondling her, and after the victim said “no” Avery put his hand over her mouth and told her that “if you yell or scream there will be trouble.” J.A.R. will describe penis to vagina sexual intercourse, and that it took approximately 15 to 20 minutes; she remembers it very well because she could hardly breathe as Avery was so heavy. J.A.R. indicates that she told some family members, but did not report it to the police at the time.

8. Prior Sexual History with Jodi Stachowski

9. Phone Conversation with Marie Litersky

Marie Litersky will testify that on October 30, 2005, while driving in a vehicle with her grandparents, she called the cell phone of her ex-boyfriend, Bryan Dassey, and that his uncle, Steven Avery, answered the phone. After a short conversation with Steven Avery, Litersky hung up the phone. A short time later, Litersky will indicate that her cell phone rang, and it was Steven Avery calling her back.Avery asked Litersky if she would like to “come over and have a little fun” and that “we can have the bed hit the wall real hard.” Litersky told Avery that she would not come over to his house, and that he was wasting her cell minutes, and hung up the phone.

Special Agent Steven Lewis (DCI) is a possible witness having interviewed Marie Litersky about the solicitation made by Avery on l0/30/05.

——————————————————————————————————–

Yes, Steven Avery does have skeletons in his closet but they should in no way be used to tie him to the murder of Teresa Halbach.

Everybody has skeletons in their closets – even Mr. Kratz has skeletons in his closet.

Steven Avery’s past doesn’t matter – Steven Avery wasn’t on trial for his past doings – he was on trial for the murder of Teresa Halbach and only the evidence pertaining to that case should be presented to the jury.

 

-TID

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