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Final Timeline Establishing Steven Avery’s Guilt
Here is the final timeline establishing Steven Avery’s guilt that has been layed out by Reddit user /u/callingyououtonxyz in previous posts – Update 1 & Update 2 – if you’ve been reading along, you will see that they have been updating this timeline whenever any new information would arise – a lot of the new information came from other redditor’s and even the trial transcripts themselves. /u/callingyououtonxyz is saying this is their final update – so here you go:
I have refined this timeline as much as I possibly can do for the time being. If you make any comments, expect no response from me for at least a week, as I am now quite busy with a new case. Note that this narrative is not very different from the most recent version at https://www.reddit.com/r/MakingaMurderer/comments/430jx8/another_revised_timeline_establishing_sas_guilt/[1]
October 31 8.12am SA calls AutoTrader “to request the photographer who had been out to the property previously” to photograph a van his sister Barb had for sale. He gives Barb’s name and phone number instead of his own.
11:43am TH calls Barb’s phone to leave a message saying that she will be there sometime after 2pm that day. She says that she “does not know [her] address” implying that she is not aware at that time that Barb’s house is right next to SA’s trailer. (Recall that there are a number of houses on the dead end, two of them at the opposite end from SA’s trailer.)
12:51pm TH call Steven Schmitz 46 sec
1:00pm TH leaves for the Schmitz’s
1:25pm TH arrives at the Schmitz’s
1:25-1:35pm TH does an assignment at the Schmidt’s residence. The time it takes to drive the distance from the Schmidt’s to the Zipperer’s is 45 minutes. http://i.imgur.com/FMzdLNe.png [2]
2:12pm TH calls the Zipperer residence, testimony indicates this call was made because TH had difficulty finding the address. JoEllen Zipperer testifies TH leaves message at Zipperer to say she can’t find it. The call lasted 1 min 9 sec. Testimony indicates she was on site for about 10-15 minutes. Therefore, a reasonable inference is that TH was at the Zipperer’s from approximately 2:15/2:20pm to 2:30/2:35pm.
2:24pm SA makes a call to TH’s phone using *67. TH does not pick up.
2:27pm Dawn Pliska from Auto Trader calls TH’s phone. TH answers and says she is on her way to the Avery property even though she is really in the middle of or just finishing up the work at the Zipperers. She claims she is on her way to the Avery property so as to not look late/unreliable to her employers/contracting company. The conversation lasts 4min:45sec.
2:35pm SA makes a call to TH’s phone using *67. TH does not pick up.
2:30pm-2:45pm Bobby D testifies that he saw TH arrive and take pictures of the van before walking toward SA’s trailer sometime between 2:30 and 2:45. Bobby says he went inside to shower and when he came back out to go hunting around 3:00 he saw the Rav4 but not TH. [This testimony is very questionable. Bobby does go goose hunting every day with his friend Mike Osmondson according to Brendan in his November 7th interview with police. Brendan states that Bobby went out that day as usual. Goose hunting is commonly done with .22 rifles. Bobby owns a .22 Marlin and Glenfield Model 60 .22 autoloader just as does SA. However, there are other statements that he was bow hunting.]
2:30/2:35 TH leaves the Zipprers to drive to the Avery property. According to http://imgur.com/dFQk3II [3] the drive would have taken approximately 10-15 minutes.
2:40/2:45pm TH arrives at SA’s.
2:41pm Anthony Zimmerman, Cingular network engineer, testifies he that the last activity from the phone itself is the call received at 2:41. (Trial Transcript Day 18, p156). There is a 1 min 20 second incoming call.
2:50pm-~3:00/3:05pm TH takes photos of Barb’s van
3:30pm-3:40pm A bus driver testifies she sees TH taking pictures of a van on the Avery property when she dropped off Brendan and Blaine Dassey from school. The bus driver admits in her testimony that she could be misremembering the day and could have been thinking of a day when TH had been there previously one/couple/few weeks earlier, whenever that was. Therefore, this timeline dismisses the bus driver’s testimony.
3:30pm-4:00pm Jon Leurquin, who delivers propane for Valders Co-op testified that he fills his truck with propane near Avery’s property. He usually fuels up at about 3:30pm for about a half hour. Leurquin says he saw a green SUV or similar vehicle leave the property. He didn’t see who was driving it or if there was anyone else in the car other than the driver. This car could have been anyone’s. Furthermore, the car he saw could have been a color other than green. For example, it could have been blue as TH’s own mother believed TH’s car to be blue. Therefore, this timeline dismisses Leurquin’s testimony.
~3:00/3:05-~4:00pm I think at this time whoever is responsible for the murder makes their move. The only logical culprit has to be SA as no one else is around the property apart from BD who is playing PS2. Scott T and Bobby are potential suspects too as they are each other’s only alibis. However, Bobby has no criminal background and the evidence does not seem to fit with either of them. It was also reported by a family eye witness that Bobby’s vehicle was gone at the time he said that he went hunting. (Blaine testified that Bobby was home asleep when he [Blaine] returned home from school. This would directly contradict Bobby’s testimony that he saw TH arrive and take pictures of the van before walking toward SA’s trailer and that he went out hunting between 2:30 and 2:45.)
[SA’s original statement was Bobby and Teresa left the property at the same time. Bobby’s truck was there, as SA goes inside to put down the Auto Trader. He goes back out as Teresa is leaving and Bobby’s truck is missing.]
~3:00pm SA watches Bobby drive away. He also watches TH take photos of the car as he waits in his trailer. TH comes to his door. He answers and takes the Auto Trader and invoice from her. He has the rifle next to the door as he chats with her with the door open as he places the Auto Trader and invoice down. He opens the door with the rifle over his shoulder and a knife in his hand. He steps out and orders TH to hand him her keys to walk to her car. He has her get in the passenger seat of her car at knifepoint and/or gunpoint. SA drives her down to the quarry through the treeline of the yard, the secluded back area that can be accessed.
3:10pm-3:50pm In some area of the quarry, SA possibly rapes TH (I know there is no evidence of this but in the absence of a clear motive, it is impossible know what actually transpired that led to the killing). He threatens her with the knife and cuts himself in the process. Her keys are lost in the tussle. He kills her by gunshot. He wraps his right finger in a ripped off piece of clothing.
3:50pm SA puts TH’s body in the rear of the RAV4. Blood from his cut finger smears from the wrap onto the area by the ignition. SA drives the RAV4 through the quarry line to the southeast corner of the yard. He rummages through the glove compartment and locates the spare key. (The one she keeps handy because she has a “thing about losing her keys” and had been given a spare to keep just in case.) He grabs her phone, PDA, and camera from the passenger seat. While doing so, some blood transfers onto that area of the car. He opens the rear of the RAV4 and tries to pull the liner with TH’s body on it out. He struggles, so he opens the back door of the RAV and while doing so, some of his blood drips onto the bottom of the door frame and on a CD case. He gives TH’s body a shove from the top, either her head and or shoulder(s), and while doing so, some of his blood gets smeared on the rear interior where her hair was located. A substantial amount of TH’s blood was left in the rear during the process of being in the rear. SA’s blood is located in a total of six places in the RAV4.
3:55p-4:05pm SA pulls the whole liner out of the RAV4 with TH’s body on it. He places the liner/body on the ground. SA returns home by foot across the yard carrying her phone, palm pilot, and camera. Upon returning, he gets his blood on the door frame and on the floor of his bathroom. He cleans the gun and returns it to its regular location.
4:35pm Laura Schadrie testifies TH’s phone records show SA called TH at 4:35 p.m. The call lasted 13 seconds indicating it went to voicemail. Laura Schadrie testified that the call could not have been answered as there was no cell site communicating with the phone for that call. SA might have called the phone in an attempt to locate it if he forgot where he had placed it in his trailer. Calling to locate it would explain why *67 was not used in that instance. In the alternative, SA called the number to establish an alibi. At one point, he claims to have called her to ask her to come back to photograph another vehicle.
4:45pm Sunset
5:05pm SA tosses TH’s personal effects into his burn barrel which has sticks and other fire material in it. He lights the contents of the barrel on fire. (Testimony from Heimerl as to contents of burn barrel in Dassey trial transcript page 299) SA preps the fire pit with burn material. He had been saving junk in plastic bags to burn, so he brings them to the pit along with a couple of tires from his tire pile.
5:20pm Earl Avery and his friend Robert Fabian hunt rabbits in the scrap yard from approximately 5:00pm until about 5:20pm. Upon returning past SA’s residence, Fabian testified of a fire in a burn barrel, the odor of burning plastic, and talking to SA. Fabian stated that the odor was a very unusual strong smell of plastic not at all like a normal garbage fire. Day 12. Feb 27th. Page 108. http://stevenaverycase.com/steven-avery-trial-transcripts/#sthash.MzWuvqWd.dpbs[4]
5:30pm SA’s girlfriend Jodi calls from jail at about 5:30. They speak for about 15 minutes.
5:45pm SA grabs one of Barb’s burn barrels and puts it in Earl’s golf cart. He does this because his burn barrel still has TH’s items burning in there. He drives down to the RAV4. (Later, cadaver dog hits on the cart.) He puts TH’s body into the burn barrel. He drives up to the garage in the golf cart and parks in the right side of the garage.
5:57pm SA calls Charles Avery on his mobile phone. The call lasts 5 min 23 sec.
6:02-6:30pm SA removes TH’s body from the golf cart and brings it to his fire pit. In the process, maybe some of TH’s blood drips onto the garage floor. SA starts the fire.
7:00pm BD, who has been home since being dropped off from school, answers a phone call from SA. SA invites him over for a bonfire that he’s having which BD accepts.
7:00pm-9:00pm BD and SA ride around on the golf cart around his mother’s house to look for junk to throw on the fire which was burning as they intermittently tend to it.
7:45pm Scott testifies that the flames of the bonfire at around 7:45pm were “almost as tall as the garage, 10 feet tall, maybe.” The defense brought up that his original statement said that the flames were only 3 ft tall. Scott left the property at 7:45 to go to his home to watch Prison Break. He does not return to the property that night.
9:00pm Barb calls SA’s cell phone after getting home to make sure BD had either a jacket or sweater on and to send him home at 10:00pm. BD and SA clean up the “dark red spots” in the garage using gas, paint thinner (an oxidizing agent), and chlorine bleach.
9:30pm SA’s girlfriend/Jodi calls again at around 9:30. They speak for about 15 minutes. SA tells Jodi that he was in the garage cleaning up something with BD during his 9:30pm phone call with her. Perhaps SA’s cut was still bleeding, which would explain why six spots of his blood were detected on the garage floor (Trial Exhibit 313), i.e. these drops occurred post clean up.
BD stands by the fire with SA until 10:00pm.
10:00pm BD went home and talked to Barb about Scott’s mother who was in the hospital and whether she was alright. Barb notices bleach marks on BD’s jeans. BD tells Barb that he had been helping SA clean up something in the garage that night. Brendan has always maintained and testifies that he helped clean SA’s garage with bleach, paint thinner and gasoline
11:00pm Blaine says he sees him tending the bonfire with a shovel at 11 pm. He states that the fire was going strong, at approximately 4’ to 5’ high, at least between 11:00pm and midnight according to his observations. Blaine sees SA put at least one plastic bag in the fire. See Trial Transcript 12.
As birds start chirping, as they do at very early morning hours such as pre-dawn 4:00am, SA gets concerned about some of TH’s remaining body parts not being burned thoroughly. So that he could conceal what he was burning, he scoops some of the remains and puts them in Barb’s burn barrel. As the fire pit dies down, he tends to the remaining burn in the barrel. This burns the blood that would have been in there away.
SA continues tending the fire(s) until dawn.
November 1st, the next day, at dawn
SA drives the golf cart down to the RAV4. SA moves the car to its final resting position, double parked, resulting in small damage to one of the headlights/blinker lights and to at least one of the license plates. SA removes the plates, roughly covers up the car, and disconnects the battery of the RAV4. He wipes all the places he thinks of for prints: door handles including the hatchback, gear, and steering wheel. He tries to wipe the blood but it had already dried. As he would have needed some kind of cleaning solution, which he did not have on hand at the time he was doing this, he has to wait until a later time to do.
He tosses the plates into one of the junked cars.
SA puts the cargo liner into the golf cart. He brings it up to his firepit and spends the morning burning it.
SA tries to get rid of the remains, so scoops up as much as he can see and places them in Barb’s burn barrel. He uses the golf cart to drive the barrel to the pond, and dumps it, including her pelvic bone and the knife. He returns Barb’s burn barrel to her backyard, not noticing that there were some bone fragments in the ashy remains in the barrel. Between the fire pit and the barrel, only 25%-40% of the expected remains were accounted for.
No opportunity to get back to the RAV4 to clean the blood from the RAV4 ever arises as the Janda/Dassey household wakes up and he could be spotted. (Another scenario regarding fingerprints could be that simply no viable prints could be lifted from the vehicle.)
Some other points of note:
• BD attempted suicide before talking to law enforcement. (This not yet verified.)
• SA lied to investigators. SA says he went to bed at 9:00 pm and watched tv. At another point (pg. 19) SA claims that he couldn’t have murdered TH because he was at Barb’s house, yet no one in the Dassey family ever claims to see him at their house.
• SA originally told investigators he didn’t have a fire on October 31st. http://stevenaverycase.com/s/Wisconsin-DOJ-Report-Fassbender.pdf[5] page 16 is the location of: Steven advised he has not burnt anything in his burn barrel for quite a while, probably longer than a week. He did not burn anything that night. His burn barrel is out in front of his house. Steven said the week before last or over a week ago and before Teresa was there, he burned brush, some tires and some garbage in an area behind his house right by his dog. He said the tires did not have rims. When interviewed by detectives, SA had the cut on his finger and burn marks on his arm.
• BD testifies that he helped SA clean up “dark red spots” using gas, paint thinner, and bleach in the garage that night. There is physical evidence of a wiping of a 3’x3’/4’ area of the floor. The sheen of the garage floor can be seen in that particular area. Gas, paint thinner, and bleach used together are sufficient for eliminating DNA as well as hemoglobin.
• The bullet in the garage should never have been admitted into evidence due to contamination. The bullet has been discarded in this timeline. It is the opinion of this author that the bullet and the key were planted.
• The pelvic bone in the quarry was never identified as human. The only two locations where TH’s bones were confirmed were burn barrel #2 and his fire pit.
• Rebuttal against the argument that TH’s blood would have been detected in the garage if the garage was part of the murder scene: Not if the garage surface was very smooth, which it appears to be. The surface would not have been difficult to clean up. Lack of detection does not mean it was never there. Also, the clean up could have been sufficient to destroy any evidence (see above). In any case, this narrative discards the garage as the murder scene.
• Rebuttal against a financial motive of law enforcement against SA: SA’s lawsuit would have proceeded, whether he was guilty or not guilty of new charges. SA did not have to settle. It was not a forgone conclusion that he would accept settlement to finance a private defense; he could have elected to accept representation by public defender. Incarceration does not prevent someone from litigating although the logistics would be complicated. The zeroing on SA and the glib attitude towards him as the suspect certainly had its basis in animosity towards SA.
• Rebuttal against nefarious tampering of SA’s blood sample vial: The hole in the top was not only normal but the prison nurse who put the blood into the vial using a syringe was available to testify. http://onmilwaukee.com/movies/articles/makingamudererbloodvial.html[6]
• Rebuttal against nefarious tampering of SA’s blood sample container box: The first case’s defense team unsealed the evidence in 2002 to use the sample for DNA testing and taped it up. They probably assumed it would never be needed again. http://fox6now.com/2016/01/07/march-6-2007-who-cut-the-evidence-tape-that-should-have-sealed-steven-averys-blood/[7]
• Rebuttal against planting of the blood in TH’s RAV4: SA could have wiped for prints but ignored the blood. Criminals can be careless. That’s how they get caught. SA’s blood was found in nine places in the RAV4. (Trial Exhibit 311) A bloody rag was found near the RAV4 but was not collected as evidence.
• http://www.forensicsciencesimplified.org/blood/principles.html[8] This should hopefully help you on your way to showing the blood stains were not planted. Focus on the bottom of the page – right picture. Everyone is assuming that the two darker smaller dots on the dash of SA’s blood is were it first hit and then miraculously moved upwards. That’s not the case. The blood hit the dash and rolled in a path until it stopped, creating a lighter top and darker concentration on the bottom. Search blood splatter elongation. That will give you numerous articles proving that the marks of blood left in the RAV4 were completely in the realm of possibility – if not common depending on his movement.
• Rebuttal against the planting of the RAV4 itself on the property: To get the RAV4 to the location it was found, the towing/driving would take place right past SA’s parents’ house and through the yard. [see maps of the property] An unexpected car or tow truck could easily be heard especially at night. This is especially true in the quiet, rural environment in which the property is located. Planting could not have happened during the day as the yard is an active salvage yard, a business that gets worked, and people would have been around. Additionally, the aggressive family dog would have been on alert to this intrusion.
• Rebuttal against the planting of the bones on the property by law enforcement or someone on the outside of the family: The bones weren’t planted if the RAV4 wasn’t planted as her body was in the rear of the RAV4. That is, unless the killers/body planters had some alternative place to hide the body while the RAV4 planting transpired. Additionally, the aggressive family dog, a German Shepherd, would have been on alert to this intrusion. This farfetched, convoluted, and implausible scenario sounds highly unlikely to be the actual event.
• Rebuttal against the oft cited argument that SA’s fire would not have been sufficient to burn the body: Not if he did so overnight, e.g. from roughly 7:00pm or even 10:00pm until 5:00am the next morning. A tire fire, given the proper conditions, can sustain temperatures of 1500 to nearly 2000 degrees Fahrenheit. It takes approximately 60 minutes to reach that stage and requires a substantial amount of fuel to maintain for the 2-3 hours necessary to burn the body. The fire investigator stated he believes the oxidized wires in the fire pit to be belts from tires, and that there were probably at least five tires burned there. The tires sufficed as such fuel. http://www.sott.net/article/185067-Body-burners-The-forensics-of-fire[9]
• Continued rebuttal against the oft cited argument that SA’s fire would not have been sufficient to burn the body: https://www.reddit.com/r/MakingaMurderer/comments/40p459/burning_a_body_with_tires_check_my_math/[10] Hugo Selenski burned a dozen bodies in his yard: http://articles.mcall.com/2014-01-28/news/mc-hugo-selenski-body-backyard-20140128_1_tammy-lynn-fassett-paul-weakley-mount-olivet-road[11] And another case where the victim was burned in a fire pit: http://www.wsmv.com/story/29949937/dna-reveals-bones-found-in-a-fire-pit-were-those-of-a-missing-warren-oh-girl[12] And yet another case where a victim was burned in a fire pit: http://www.foxnews.com/us/2011/04/21/plot-grisly-murder-florida-teen-followed-fight-authorities-say.html[13]
• Rebuttal against the planting of the bones on the property by someone in the family: Not likely as the original burn site appears to be SA’s fire pit, e.g. tires and flammable van seats were accelerants; a pile of tires was found next to his trailer (Trial Exhibit 72); intertwining with wires; the bones had to be pried away from wire as they were melded together; tiny fragments from her jeans (buttons from pockets) in the debris, etc. No one else would have tended a fire behind SA’s trailer except SA himself. SA likely ran out of time at the pit and burnt her remainder, e.g. torso, in one of the burn barrels, perhaps bringing that out to the quarry for final burning or doing the final burning in the burn barrel right by his trailer as the barrel would be discrete especially at a time before anyone woke up (~6:00am-7:30am).
• Rebuttal against the oft cited argument that the fire would smell so bad as to attract attention from Barb or members of her family: Not at all. Apparently, the smell of a burning human has been likened to BBQ or pig roast. With the burning of tire rubber in there, the smell would not seem unusual.
• Rebuttal against the claim that SA’s actions would be noticeable: Only the people cited as coming and going in the timeline were in the area. SA’s trailer is at the end of the dead end road. The houses for the other family members and the building where customers come and go are located at the opposite end of the dead end private road where Avery Road ends. http://imgur.com/t7yfLwE [14]
• Rebuttal against the claim that the gunshots would have left a huge trail of blood: In the above scenario, where the murder site is a remote part of the quarry, the blood would have been so far away from any of the investigated sites that no one came close to the blood. In any case, the amount of blood from a couple of .22lr shots would be minimal. In some cases, no spatter occurs at all from .22 shots. Gunshot spatter will vary depending on the caliber of the gun, where the victim is struck, whether the bullet exits the body, distance between the victim and the gun and location of the victim relative to walls, floors and objects. Typically, forward spatter is a fine mist and back spatter is larger and fewer drops. If a person is laying/kneeling on the ground, there is little distance between their head and the surface behind it (the floor) so the blood will not have as much space to spread out and create a wide area of spatter. The back spatter will also be much smaller with a low caliber rifle such as a .22. It will not spurt ten feet away from the victim, and if they are being shot at a downward angle, the blowback will spray mostly up, therefore settling back down around the victim. The same principles apply to bleed out, which would again be minimal due to the size and power of .22lr.
• Rebuttal against the argument that SA’s fingerprints should have been detected on the RAV4: Many parts of cars do NOT retain prints well. Take the basics of fingerprinting: Easy – Glass, glossy tile, porcelain, lacquered furniture, smooth metal. Involved – Paper, painted surfaces, drywall, cardboard, leather, most dashboards. Formidable – Fabrics, human skin, and rough or textured surfaces (checkered handgun grips come to mind). Virtually Impossible – Oily, rusty, or extremely dirty surfaces; high traffic surfaces with multiple overlapping prints; prints smeared by movement. The only areas of the car that would have “easy” printable areas would be those that are glass, e.g. windows, rear view mirror, or smooth metal, e.g. door handle. A 1999 RAV4 steering wheel is a textured surface, so lifting identifiable prints from it would be formidable and unlikely. However, he did not have to have touched any window or the rear view mirror and the door handles were likely high traffic areas with multiple overlapping prints and/or prints smeared by movement.
• Rebuttal against the key: It would not be unusual for TH’s key to not have her DNA or prints on it if she never used it and it had been sitting in her glove compartment since receiving it. While its location behind the nightstand seems unusual and its dislodging by shaking would have knocked items off the nightstand, investigators could have simply replaced them before the “after” photo.
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There you have it – the final timeline establishing Steven Avery’s guilt.
If you’ve made it this far, congratulations – it was quiet a lengthy read (over 4,000 words!) but it’s worth the read!
As I’ve been saying and will continue to say – I don’t know if Steven Avery is guilty or not, but I do know that he and Brendan Dassey both need new trials. Their first one was so botched that they should not have been found guilty because of the reasonable doubt.
Maybe one day we’ll see if this could be what happened or if it’s going to be wrong like some of the others ones that will have to be wrong because there is only one true story but there are 100’s of theories.
I will continue to post other theories and updates about this case to my blog – Pro and Anti Steven Avery theories. But this seems like it’ll be the last update from /u/callingyououtonxyz – but I’m sure they’ll be around to answer any more questions that may arise.
-TID
theinspiringdad.com