How safe is Steven Avery's firearms conviction?
[all references to CASO file]
Trying to trace the various guns through the CASO file I have been wondering if the firearms conviction could potentially be overturned as well.
Page 101 Kucharski describes seizing guns from SA's trailer on 6 November
I went to the trailer to collect the evidence assisted by Lt. LENK, Sg1. COLBORN and Det' REMIKER . At rz25 hours, we entered the residence and I collected two guns that were in a gun rack that were in the back bedroom of the residence. The gun rack was on the wall above the bed in this bedroom. One weapon was a semiautomattc .22 caliber rifle. The other weapon wasa .50 caliber black powder muzzleloader. On the muzzleloader was a piece of masking tape with the name of STEVE handwritten on it.
There are no serial numbers listed on this document and to the best of my knowledge no photos of the guns on the gunrack or even in the trailer (open to correction here). There are also no serial numbers listed on his arrest warrant. On questioning Steven Avery did not deny there were guns in his trailer but said he had never fired them and they belonged to Rollie Johnson who owned the property.
On the 7 November, the same combination are seized from the gun cabinet in Janda's residence (page 133)
1.A .22 caliber bolt-action Marlin rifle, serial number 07644931. The rifle had a Simmons scope and was found in the gun cabinet in the master bedroom. This item was seized by Lt. LENK and Sgt. COLBORN at 1036 hours. 2.A .50 caliber Connecticut Valley Arms muzzle loader, Model Hawkins rifle black powder muzzle loader, serial number 60-13-609885-95. This item was found in the gun cabinet, which was located in the master bedroom. This item was seized by Lt. LENK and Sgt. COLBORN at 1038 hours.
Serial numbers appear when the guns are sent to the crime lab (page 275)
A rear door off a Suzuki Samurai, bearing Properly Tag No. 641, and three firearms, a Marlin Model 60 .22 caliber semi-automatic with serial number 04229713, bearing Property Tag No. 6909, a Glenfield Model 60 .22 caliber rifle with serial number 27323959, bearing Property Tag No. 647, and a Connecticut Valley Atms Hawkin .50 caliber black powder rifle with serial number 86373055, bearing Property Tag No. 648,
These serial numbers appear in the records for the first time here, on November 21. It is reasonable to associate them with the guns seized from his trailer (if they were in his trailer), but it is just guesswork.
On page 80 there is an interview with Earl Avery
I questioned EARL AVERY as to the remarks he made to Inv. WIEGERT about STEVEN and EARL sighting in some firearms in the pit the previous evening. He stated when he arrived in the area where they were target practicing (immediately north of where Ms. HALBACH's vehicle was located), he stated that it was starting to get dark and stated that he did not notice the vehicle, but he was not really looking for it either. EARL AVERY stated that he fired 22 rounds of ammunition while at the pit. He stated that this was "a box and two rounds." He was asked how many rounds STEVEN had fired and his response was "none."
Speculation: these casings ended up in the garage and the gun that was being tested was serial number 27323959 that ended up being sent to the crime lab.
Questions:
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does the weakness in documentation and a (possible) lack of photographic evidence of the guns in SA's trailer mean the firearms conviction could potentially be challenged?
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factually: were the guns collected from SA's trailer on the 6th November?
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factually: is it possible the gun Earl Avery was testing on the 4th November did end up in the WI crime lab as Steven Avery's and what was the route that this occurred? Earl Avery planting the gun and casings himself? Police illicitly seizing from Earl Avery's residence and moving the casings?
You could work out this timeline:
5th November 14:00: Interview with Earl Avery
5th November late afternoon: Casings collected, misleading documented as in garage
6th November: Rifle Earl Avery was testing seized, misleadingly claim from SA's trailer
Posted Apr 15, 2016, 2:01 AM UTC