Motions and Hearings – July and August, 2006
The recent round of motions in weeks ending 22 July, 2006, and 12 August, 2006, revealed some interesting details and behavior. The hearings on week ending 22 July and week ending 12 August, 2006 have revealed details on the conduct of the investigations in the Halbach murder case.
Avery’s attorneys attempted to have evidence blocked. First, by showing that searchers were acting under direction from the police. Second, by showing that a Manitowoc County Investigator fabricated evidence.
Leaders in the search effort to find Teresa Halbach denied taking any direction. One member of the Manitowoc County Sheriff’s Department stated he understood the searchers were taking direction from police but later stated he misunderstood a telephone conversation.
The person who discovered Halbach’s Toyota RAV4, Pamela Sturm, claimed direction from another source. She testified that God led her to the vehicle. What a God. Allow a murder and then perform an act of leadership.
Investigator Mark Weigert admitted that the affidavit he submitted to obtain a warrant was false. Sturm wasn’t sure if this was the Halbach vehicle because the color was different than described to her. Weigert stated in the affidavit the vehicle discovered was a match for Halbach’s and it contained all seventeen digits of the Vehicle Identification Number. Sturm obtained ten of the seventeen digits of the VIN which she then gave to investigators.
A Manitowoc County investigator added the remaining digits based on the registration of Halbach’s vehicle before obtaining a warrant. Thus, the full VIN was not available but the investigator guessed at the numbers. The warrant would have been honest without the investigator’s augmentation.
Assistant State Attorney General Tom Fallon suggested that the discrepancy was only a matter of semantics. But, semantics is meaning. Without semantics, there is no language. The real issue here is how much police are allowed to fudge when getting search warrants. The judge ruled that ten digits of the VIN were sufficient for a warrant.
But, the fact that a Manitowoc County deputy fraudulently altered information for a search warrant is very disturbing. Although he guessed at a correct VIN, I wonder how often false information is submitted on warrants.
This and other problems and discrepancies associated with Manitowoc County investigators, such as the plain sight key, raise questions that distract from honest fact finding.
Earl Avery testified that he had walked the salvage yard about three days before the discovery of the Halbach vehicle and did not see it. So, has any time line, outside the Dassey confessions, been established for the placement of the vehicle? It was sort of hidden although Sturm could spot it. A hood from another vehicle and three branches were obscuring the vehicle. The hood, I would imagine, could be an important source of evidence.
The discovery by searchers was allowed by the judge. But, it is scary to find a member of the Manitowoc County Sheriff’s department fabricating numbers. The ten digits of the VIN were sufficient for a warrant. Why guess the rest and add them to the warrant?
by Brian McCorkle
in category Steven Avery
