Convoluted Brian

the weBlog of Brian McCorkle

The Importance of Understanding

An Old Case Resurfaces

Back in February, 2006 news was circulated that Steven Avery was being investigated for a rape committed in 2004.

In April, press releases were issued and dutifully reported. The Brown County District Attorney gave his press conference stating the rape would not be prosecuted unless Avery was found innocent of the Teresa Halbach murder.

The information presented about the alleged rape makes this a murky case. I’m not sure why this was revived unless it was to undermine the defendant in the murder case.

The claimed rape took place in Manitowoc County. The complaint was filed in August, 2004. At that time, there was no physical evidence and the alleged victim, a minor, stated that the rape did not occur. The investigation was handled by Calumet County due to conflict of interest with Manitowoc County.

Then, the case was revived in February, 2006. Calumet County District Attorney Kenneth Kratz, the special prosecutor in the Halbach murder case, spun this investigation off. Brown County’s John Zakowski became yet another special prosecutor. I wonder if Kratz has other Avery cases he plans of doling out so other prosecutors can claim to be involved with the Halbach case.

The real problem here is that the alleged victim, after a new set of interviews, agreed that a rape took place. If the girl were interviewed close to time of the claimed rape denied that a rape took place, how is it that her memory now includes a rape? If there were no physical evidence at the time how can such a delayed statement be considered as a basis for a charge?

This is not the only time that authorities have worked to implant memories in a victim, real or presumed. The woman whose sexual assault lead to Avery’s wrongful conviction on the charges was misled by Manitowoc County detectives. They managed to implant a wrong assailant in her memory. This was deliberate on their part. Unfortunately, this was not the only time police detectives have exhibited this kind of behavior.

The decision not to prosecute now is, on the surface, a safe thing to do. Given the publicized evidence in the Halbach murder case, the conviction of Avery appears to be a slam-dunk. But, who knows what is behind the scene? It is however, a characteristic of Wisconsin prosecutors to play pile-on. In some of the cases that have notoriety potential, police troll for victims to increase charges against a person.* The normal behavior would be to try to read this charge into the record at the murder trial.

So, is this a valid case? Or, have investigators created another victim by implanting false information?

 

* Although in the case of the Fond du Lac nine-year-old rapist, the police closed the troll at twelve alleged victims.

by Brian McCorkle
posted on 16 April, 2006 at 16:37 pm
in category Steven Avery

An allegation of rape against Steven Avery was investigated in 2004. There was no physical evidence, and the alleged victim stated no rape took place. Now the Brown County Special Prosecutor claims to have changed the alleged victims mind.



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