Updated Theory To How Steven Avery Did It

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Updated Theory To How Steven Avery Did It

In my other blog post, I linked to a Redditor- callingyououtonxyz (who’s a real life attorney) and their post on /r/MakingAMurderer to show how plausible it was for Steven Avery to have killed Teresa Halbach. He has since made some updates to the timeline and fixed some inconsistencies to a couple of things.

Below is an updated theory to how Steven Avery did it. Again, I want to emphasize that these are not my theories and I didn’t come up with them – but I do believe they’re pretty good theories. I also outreached to other Redditor’s to see if they wanted to shoot down some of these theories but I’m still waiting on replies (it’s early yet!)

In the comments to my thread https://www.reddit.com/r/MakingaMurderer/comments/41b3rw/why_i_am_leaning_towards_sas_guilt/[1] I was asked to provide a narrative of what I thought happened. In response, I wrote https://www.reddit.com/r/MakingaMurderer/comments/4224j6/continuing_why_i_am_leaning_towards_sas_guilt/[2] . I have cleaned up some inconsistencies and some misinformation that I needed to clarify. Updated timeline:

• 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.
• 1:30-1:45pm 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 [3] 
• 2:12pm TH calls the Zipperer residence, testimony indicates this call was made because TH had difficulty finding the address or to tell them she was just about to arrive. Testimony indicates she was on site for about 15 minutes. Therefore, a reasonable inference is that TH was at the Zipperer’s from approximately 2:20pm to 2:35/2:40pm.
• 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 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. Presumably TH finds out that she is expected to go to SA’s for this appointment during this conversation as she was unclear about exactly where Barb’s van was located per the voicemail she left earlier in the day.
• 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.]
• 2:35/2:40 TH leaves the Zipprers to drive to the Avery property. According to http://imgur.com/dFQk3II [4] the drive would have taken approximately 15 minutes.
• 2:50/2:55pm TH arrives at SA’s.
• 2:50pm/2:55-~3:05/3:10pm 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 and SA walking towards his trailer 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 a couple/few weeks later, whenever that was.
• 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.
• ~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. However, if this is true, then Leurquin would not have seen the green SUV sometime between 3:30 and 4:00, assuming it was TH’s RAV4 that he saw.
• ~3:05pm SA goes inside his trailer to put TH’s invoice in his bedroom and comes back out with the gun above his bed. He orders TH to hand him her keys and get in the boot of her car at gunpoint. He hits her on the back of the head, knocking her out. The head suffers a laceration in the process and bleeds onto her hair. This is why her blood and hair are on the rear interior of the RAV4. (Or the blood got there after the killing.)
• 4:00pm SA drives off the property in the RAV4, passing the propane deliverer, and takes her somewhere such as the quarry or some rural wooded area where he kills her. He returns her body into the back of the car.
• 4:21pm Laura Schadrie a Cingular engineer testifies that all activity on TH’s phone ceases at this time.
• 4:30pm SA drives the RAV4 back to the property, perhaps using one of the side routes in to the quarry which is putting it on the far side of the yard in the vicinity of where it was discovered. He hits one of the junk cars on the way damaging the front light on one side, perhaps also damaging one the license plates.
• 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 to locate it if the battery had died. Calling to locate it would explain why *67 was not used in that instance.
• 4:45pm Sunset
• 4:50pm SA returns home, cleans the gun, and returns it to its regular location.
• 5:05pm SA tosses TH’s personal effects into his burn barrel, douses them with gasoline and other burning material, and lights them on fire.
• 5:20pm Earl Avery and his friend Robert Fabian were hunting rabbits 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[5] 
• 5:30pm SA’s girlfriend Jodi calls from jail at about 5:30. They speak for about 15 minutes.
• 5:45pm-6:45pm SA grabs plastic garbage bags and takes Earl’s golf cart down to the RAV4. In the rush, SA cuts himself on something. He removes TH’s body from the rear of the RAV4, wraps it in the bags, and puts it in the golf cart. (Later, cadaver dog hits on the cart.) This is how he gets his blood in the back of the RAV4. In fact, his blood gets onto a number of places. A substantial amount of TH’s blood was left in the rear during the process of being in the rear. He 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. The parking is how his blood gets near the ignition. He drives TH’s body up to the garage in the golf cart and parks in the right side of the garage.
• 6:45-7:00pm 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.
• 8:45pm Scott testifies that the flames of the bonfire at around 8:45pm 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.
• 9:00pm BD testifies his mother/Barb called 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 some drops of his blood were detected on the garage floor, i.e. these drops occurred post clean up.
• BD stands by the fire with SA until 10:00pm.
• 10:00pm BD testifies he 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.
• SA continues tending the fire all night until dawn.
• November 1st, the next day
• Upon beginning of sunrise SA puts the remainder of whatever is left of TH’s body in his burn barrel. He finishes up, put a few fragments of bone and one piece of muscle tissue remain. He doesn’t see this as they are small and the barrel has ashes.
• When there is daylight SA removes the plates, roughly covers up the car, and takes the battery out of the RAV4. He wipes all the places he thinks of for prints: door handles including the hatchback, gear, and steering wheel. He misses, i.e. doesn’t see or notice, the blood spot near the ignition. He doesn’t even look in the rear.
• He tosses the plates into one of the junked cars.
• He tosses her keys into another one of the junked cars.

Some other points of note:

• BD attempted suicide before talking to law enforcement. (This not yet verified.)

• SA originally told investigators he didn’t have a fire on October 31st. http://stevenaverycase.com/s/Wisconsin-DOJ-Report-Fassbender.pdf[6] 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’ 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 pelvic bone in the quarry was never identified as human. The only two locations where TH’s bones were confirmed were SA’s burn barrel 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.

• 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[7] 

• 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/[8] 

• 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 six places in the RAV4, including on the floor in droplets. A bloody rag was found near the RAV4 but was not collected as evidence.

• http://www.forensicsciencesimplified.org/blood/principles.html[9] 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.

• 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.

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So, there’s the updated theory to how Steven Avery did it.

I am still doing a lot of reading on various sites to help me decide what the truth is. It seems as though when I come up with an opinion, it is then swayed again because of the way the other opinion is presented. But again, I will continue to say that Steven Avery and Brendan Dassey both need new trials. There was obvious planting of evidence and misconduct by the Manitowoc County officials. 

If you have any rebuttals against anything in the updated theories, please leave a comment or email me at dad@theinspiringdad.com and I may add a blog post showing your rebuttals!

Follow me on Twitter @Inspiring_Dad

-TID