No Trial Delay for Blood Testing

Special Prosecutor Ken Kratz’s request for a trial delay was turned down on Tuesday, 9 Jan, 2007. The request for a delay was to address the unsealed vial of blood found at the Manitowoc County Courthouse. Kratz claimed that the FBI was on the verge of developing a technique to differentiate between the preservative used for the blood and same preservative used in many common products, including food.

Ethylenediaminetetraacetic acid (EDTA) is the preservative and the widespread use makes it difficult to differentiate between preserved blood and non‑preserved blood. Judge Patrick Willis noted that in the near past the FBI was not testing for the presence of EDTA. Willis also noted that any test developed by the FBI is not guaranteed to occur within the three to four‑month delay requested by the prosecution.

It would, however, be nice to know whether the blood in the vial is that of Steven Avery. Or, if another substance had been used to compensate for a lack of volume (if that is feasible).

Kratz wanted to exclude the opened vial as evidence and failing that to perform the test. The exclusion was based on the evidence not being presented thirty days before the original court date. The judge disagreed and stated that the February 2007 court date is what counted.

But, Willis can still bar the unsealed vial of blood as evidence based upon tests per State v. Richardson (95‑0501‑CR). So, the defense will likely build an argument that this is part of an attempt to blame Avery again for a crime he did not commit. He would make a convenient scapegoat. A frame‑up would be more likely the act of one person or a small group rather than a wider conspiracy. Given the behavior of Manitowoc County officials in 1985, a frame would easy to accomplish.

That would mean that the perpetrator would have access to areas of the courthouse probably not accessible to the public.

Members of the Manitowoc County Sheriff’s Department (including the prior sheriff) have exhibited suspicious behavior during the investigation. And they would have access. But, so would other county employees.

One question that needs to be addressed is whether the victim Teresa Halbach had acquaintances who worked for the County. Another is whether access records are available for the evidence location.

Judge Willis ordered both sides to avoid any comment at trial or ask any question in reference to EDTA testing. He wants to run a trial without distractions and sidetracks.

I have to wonder though. If all the prosecution evidence is so strong, why does Kratz have so much trouble over needing to test trace blood spot(s) for EDTA. He had no trouble detailing a very brutal scenario based on the Dassey confession. All that evidence from the confession would make a conviction preordained. Unless all that evidence doesn’t exist.