Prosecutor Kratzs 13 False Statements In His Book About Steven Avery

Quote Refutation
Beginning six years after the trial, in January Although Mr. Kratz does not specify who
2013, Steven Avery and I exchanged a series initiated their correspondence, the record is
of letters. He knew that I was no longer a DA clear that Mr. Kratz wrote to Mr. Avery first
and no longer represented the state, and he with a letter dated January 14, 2013. In this
invited me to visit him at the prison in letter, Mr. Kratz asked Steven to meet with him
Boscobel, Wisconsin. Avery at 164-165. for [Mr. Kratzs] own personal use. In fact,
Mr. Kratz has not produced any
correspondence from Steven Avery wherein
Steven invited Mr. Kratz to visit him. Rather,
Mr. Kratz invited himself with the intention,
later revealed in his letter dated September 6,
2015, of writing a book about Steven.
Steven [Avery] calls to tell Auto Trader Investigators concluded that Steven Avery did
employees that Teresa never showed up on not call AutoTrader between 4:30 and 5:00
October 31st, but that she called to tell him she p.m. on November 3. (STATE5509-5514).
couldnt make it. He asked that they
reschedule the appointment. Avery at 163.
Steven [Avery] tells Scott Bloedorn, Teresas Scott Bloedorn called Steven Speckman, not
roommate, that Teresa never showed up for Steven Avery, on 11/3 at 4:10 p.m.
her appointment on October 31st, and is upset (STATE5509-5514).
that he was even contacted in connection with
the disappearance. Avery at 163.

Without Brendans statement as to where the The magic bullets were magically found
murder occurred, the police would never have during a search on March 1, 2006, after
gotten a search warrant and found that bullet. Brendans confession. However, law
Avery at 108. enforcement had previously searched the
garage 5 times between November 5 and 12,
2005. Mr. Kratz is correct in saying that law
enforcement would not have found the
damaged bullet if not for the March 1, 2006
coerced statements of Mr. Dassey. Most
importantly, Brendans statements about where
the murder occurred are entirely inconsistent.
Brendan first described shooting Ms. Halbach
outside the garage, then inside the vehicle in
the garage, and, finally, on the garage floor
(only after being told about the shell casings in
the garage). The Seventh Circuit Opinion
stated that there were clear efforts by the
interrogators to have Dassey move all of the

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 events to the garage, as no forensic evidence
was found in Averys trailer. (Dassey v.
Dittmann at 68).
[Brendan] describes the horrible smell of a In his May 13, 2006, interrogation, Brendan
burning body a smell that those unfortunate said only that the fire smelled real bad.
enough to experience can tell you they will Before, when asked if he could smell
never forget. Avery at 106. burning body parts, Brendan told
Fassbender and Wiegert that he could not.
Brendan does not describe the horrible smell
of a burning body.
The rape was initially reported to authorities These allegations were investigated by the
by the girls mother; the girl herself only Calumet County Sheriffs Department in 2004
agreed to cooperate with prosecutors after after they were reported by the girls mother.
Avery was safely locked up for the Halbach The complaint was unfounded because the
murder the following fall. Avery at 35. alleged victim denied any sexual contact
with Steven. The only credible investigation
declared that these allegations were
unfounded. According to Mr. Kratz, the
alleged victim agree to cooperate with
prosecutors after Mr. Averys detention. This
is a misstatement. The alleged victim did
cooperate, i.e., agree to be interviewed, with
investigators when the allegations were
investigated in 2004. While cooperating with
the investigation at that time, the alleged
victim denied any sexual contact with Mr.
Avery and the investigators concluded that
the allegations were unfounded.
. . . officers jackhammered chunks of concrete Here, Kratz conflates three sets of evidence
out of [Steven Averys garage] floor, looking collected from Steven Averys garage: ten
for blood that might have soaked through the swabs from stains on the garage floor taken on
cracks . . . . Analysts did follow-up tests to November 6, 2005, and sixteen chunks of
more precisely identify the substance as human concrete from the garage floor jackhammered
blood, but in this case those tests came back on March 1, 2006, and numerous swabs from
inconclusive. No expert would be willing to the concrete floor of the garage collected on
testify that blood was present in Averys October 4, 2006. There is no evidence that
garage in great quantities. Avery at 88. suggests, as does Mr. Kratz, that swabs
from the jackhammered chunks were
analyzed for the presence of blood. Mr.
Averys DNA was identified on one of those
swabs and Ms. Halbachs DNA was not
identified on any of the swabs. The ten
swabs taken on November 6 were sent to the
crime lab, where nine of them tested positive

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 for the presence of blood. Further, six of
those swabs yielded Steven Averys DNA
profile. Mr. Kratzs assertion that the stains
on the garage floor tested inconclusive for the
presence of blood is false. Mr. Averys blood
was present in the garage in sufficient quantity
to yield his DNA profile. None of Ms.
Halbachs blood was detected in the garage.
If Ms. Halbach was shot in the head in the
garage, her blood would be detectable in the
garage. If Mr. Avery had sufficiently cleaned
the garage so as to destroy every trace of Ms.
Halbachs DNA, he would have cleaned up his
own blood. STATE 5244-46; 5648. In fact,
the States DNA analyst, Sherry Culhane,
testified consistently with this analysis.
TT:2/26:112-115.
In fact, Avery not only doesnt mention the Steven Avery, when asked if any of the
fire, he denies even having a burn pit, and garbage in the salvage yard pit was burned
then eventually allows that he has one, but that in burn barrels or open pits, replied: Not in
nothing had been burned in it for two weeks. the pit, no. Steven Avery readily admitted
Avery at 38. that there were burning barrels in the
residential areas on the Avery property and
that the last time he used his burning barrel
was about two weeks earlier when he burned
regular garbage. Clearly, Mr. Kratz is
mischaracterizing Mr. Averys statement. The
Averys did not burn garbage in the business or
salvage yard areas of the property; they did,
however, burn garbage near their homes.
Marinette County Interview 11/6/05.
When [Scott] Bloedorn called Steven Avery Steven Avery never spoke with Teresas
on Thursday, November 3rd to ask about his roommate, Scott Bloedorn on November 3,
appointment with Teresa, Avery said shes 2005, or any other day. Law enforcement
never shown up. Avery at 10. investigated these allegations and determined
they were false.
[On October 31st], Avery took steps to Dawn Pliszka, the AutoTrader employee who
conceal himself. Unwilling to give his name took Steven Averys call on October 31, 2005,
or phone number to Auto Trader when booking informed law enforcement that she guessed at
the shoot, he provided B. Janda as a contact the contact name for the appointment when she
name and a telephone number belonging to his typed B. Janda because the caller was
sister, Barb Janda. Avery at 22. difficult to understand, not that he told her
the appointment was for B. Janda. There
is no evidence that Steven Avery told Pliszka

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 that the contact name for the appointment was
B. Janda. TT:2/13:60-63.
. . . after phoning Teresa directly to set up the Mr. Kratzs assertions are false. There is no
appointment on a forty-six degree October evidence that 1) this incident occurred on
10th, Steven Avery answered his door clad in October 10, 2005; 2) Ms. Halbach thought it
only a small white towel. Creepy, thought was creepy; and 3) she told coworkers that
Teresa. She told friends and coworkers she she did not want to return. No one reported
didnt want to return. Avery at 23. that Ms. Halbach did not want to go back to
the Avery property. TT:2/13/60-63. Another
AutoTrader employee, Rachel Higgs, told
investigators that Ms. Halbach was not
uncomfortable going to the Avery property to
take photos and that Mr. Avery was harmless.
Steven doused the cat in gas and oil before Kratzs assertion that Steven Avery threw the
the stricken animal was thrown onto the fire. cat into the fire is false. In fact, there is only
It jumped off and ran around the yard, still evidence that someone else threw the cat into
ablaze, until Avery caught the cat, applied the fire. Further, the trial judge ruled this
additional fuel, and threw it back on. Avery evidence inadmissible because it has zero
at 29. probative value. Motion to Allow the
Introduction of Other Acts Evidence pg. 3-4
On November 3rd, 2005, Mark Wiegert, . . ., Teresas mother, Karen Halbach, first reported
knocked on my door . . . . A young woman Teresa missing at 2:52 p.m. on November 3,
named Teresa Halbach had been reported 2005.
missing that morning. Avery at 8-9.