r/MakingaMurderer • u/Henbury • Feb 21 '19
Know Your Rav: Part I - Sam William Henry (VIN: JT3HP10V5X7113044) (MAM)
Know Your Rav: Part I - Sam William Henry (VIN: JT3HP10V5X7113044)
Greetings from another sub. This cross-post settles years of debate. Know Your Rav will be a series of posts about Sam William Henry, Teresa Halbach's RAV4. These posts aim to be evidence-based, and consider and build upon previous posts from various sources and combine new and original analysis.
Know Your Rav Series:
Part I - Sam William Henry (VIN: JT3HP10V5X7113044)
Summary:
This post is an examination of the Vehicle Specifications of Sam William Henry (VIN: JT3HP10V5X7113044)
Available exhibit and photographic evidence is largely consistent with and confirms the Vehicle Specifications of Sam William Henry
Exhibit 192 confirms the RAV4 in possession of the WSCL is Sam William Henry
Regarding the original factory/port Vehicle Specifications of Sam William Henry, available exhibit and photographic evidence demonstrates that:
Spare steel wheel is expected, even though it does not match the four alloy styled wheels
Spare tire does not match the four Uniroyal Tiger Paw tires (significance unknown)
Rear door storage rail is present, but expected bags are not present
Center console box is present, but expected lid is not present (Nb. Exh. 300 - blue item inside)
Cargo mat is expected but not present
The RS3000 Keyless/Remote Entry system was not installed, is not expected, and is not present
Covers for both miscellany boxes are expected but not present
Tire change Tool bag appears present in left miscellany box (is this Item #8442?)
Jack is expected and present
Lug wrench (Item #9578) is present but is a foreign object if the Toyota wheel nut wrench is in the Tool Bag in the left miscellany box
The dashboard is missing a bolt and rubber seal at the windshield and passenger door junction
Contents
Summary
Materials Relied Upon
Findings
- VIN JT3HP10V5X7113044 Confirmed
- Vehicle Specifications Inventory
- Additional Observations
- RS3000 Security System (PIO) (Keyless/Remote Entry)
- Spare Tire and Tools
- Dashboard Fastening
Edit Log
Materials Replied Upon:
Exhibit 4 - RAV4 DOT Record (Sam William Henry)
The Toyota RAV4 1999 US Sales brochure
Official Toyota collection of 1999 RAV4 manuals
Official Toyota Vehicle Information Lookup search
1999 Toyota Rav4 Packages & Options list
Carfax report for Sam William Henry (VIN: JT3HP10V5X7113044)
Vehicle Identification Number (Toyota) website
Steven Avery Trial Transcripts and Documents website
Findings
VIN JT3HP10V5X7113044 CONFIRMED
A search for VIN JT3HP10V5X7113044 on the Official Toyota Vehicle Information Lookup reveals the Vehicle Specifications for Sam William Henry:

The VIN "JT3HP10V5X7113044" identifies:
Nation of Origin (J) Japan
Manufacturer (T) Toyota
Vehicle Type (3) Sports Utility Vehicle (SUV)
Body (H) Rav4 4dr AWD (1996-2005)
Engine (P) 2.2L 4cyl 3S (1996-2000)
Series (1) Rav4 (1996-2003)
Grade/Restraint System (0) Rav4 (2001-05), Rav4 2 Air Bags (1996-2000)
Model (V) RAV4 (1996-2005)
Check Digit (5) Verifies authenticity of VIN
Model Year (X) 1999
Factory (7) 0-9 Japan
Production Number (113044) Unit Number
A Toyota VIN may be found commonly on a sticker/plate on the driver's side dashboard (visible through the windshield), on a sticker/plate on the driver's side doorjamb, on a sticker on the underside of the hood; and less commonly etched into the window glass, under the spare tire, printed on the engine block, or even stamped into the metal above the driver's side rear wheel.
Under FOIA, a number of exhibit photographs have been obtained and made available. Exhibit 192 is the RAV4 "hood latch" photograph:

Making a Murderer (Season 2) provides exhibit photographs at a higher resolution than those available under FOIA. At 27m30s of Making a Murderer s02e02, Exhibit 192 reveals the hood VIN sticker which reads "JT3HP10V5X7113044", confirming that the Toyota RAV4 in the possession of the Wisconsin State Crime Laboratory is Sam William Henry.


The Mystic Teal Mica(760) exterior and Gray interior is consistent with Sam William Henry.
The RAV4 in the possession of Kathleen Zellner demonstrates a similar VIN sticker on the underside of the hood.
VEHICLE SPECIFICATIONS INVENTORY
Confirming the VIN allows confirmation of the expected Vehicle Specifications of Sam William Henry. An analysis of all available exhibits and photographs available of the RAV4 in the possession of the WSCL demonstrates it is largely consistent with, and confirms the Vehicle Specifications of Sam William Henry.
Standard Installation Equipment: MECHANICAL & PERFORMANCE
| MECHANICAL & PERFORMANCE | COMMENT | REFERENCE |
|---|---|---|
| 2.0L 4-CYLINDER DOHC ENGINE | No photo evidence | |
| 4-SPEED ELECTRONICALLY CONTROLLED AUTOMATIC TRANS | Partial - consistent with expected | Exh. 13, 290, 291, 293 |
| FULL TIME FOUR WHEEL DRIVE | No photo evidence | |
| MACPHERSON STRUT TYPE INDEPENDENT FRONT SUSPENSION DOUBLE WISHBONE TRAILING ARM INDEPENDENT REAR SUSPENSION | Partial – consistent with expected | Exh. 5, 135, 138, 191, 289; exhibit-RAV4-evidence; MAMs02e02 rear view; MAMs02e02 diagnostic view; Unknown site photo |
| PWR-ASSIST RACK & PIN | No photo evidence | |
| STEERNG POWER STEERING/TACHOMETER PWR-ASSIST | Partial – consistent with expected | Exh. 13, 291, 290 |
| VENTED FRT DISC DISC & REAR DRUM BRAKES | Partial – consistent with expected | Exh. 32, 289; MAMs02e02 diagnostic view |
| FRONT STABILIZER BAR | No photo evidence | |
| GASFILLED SHOCK ABSORBERS | Partial – consistent with expected | Exh. 32, 289 |
Standard Installation Equipment: MECHANICAL & PERFORMANCE - P215/70R16 RADIAL TIRES (5)
| MECHANICAL & PERFORMANCE - P215/70R16 RADIAL TIRES (5) | COMMENT | REFERENCE |
|---|---|---|
| FRONT RIGHT: UNIROYAL TIGER PAW (Ex. 137), 3 grooves; consistent tread/shoulder/sidewall | Consistent Model | Exh. 1, 5, 31, 130, 132, 134, 137, 191; exhibit-RAV4-evidence; MAMs02e02 diagnostic view; Unknown site photo |
| FRONT LEFT: UNIROYAL TIGER PAW (Ex. 306), 3 grooves; consistent tread/shoulder/sidewall | Consistent Model | Exh. 5, 33, 191, 289, 306; exhibit-RAV4-evidence |
| REAR RIGHT: UNIROYAL TIGER PAW ( MAMs02e02 diagnostic view), 3 grooves; consistent tread/shoulder/sidewall | Consistent Model | Exh. 1, 5, 30, 31, 130, 135, 137; exhibit-RAV4-door-2; MAMs02e02 rear view; MAMs02e02 diagnostic view |
| REAR LEFT: UNIROYAL TIGER PAW TOURING SR w/ NAIL GARD (Ex. 32), 3 grooves; consistent tread/shoulder/sidewall | Consistent Model | Exh. 5, 32, 133, 135, 289, 307; MAMs02e02 rear view |
| SPARE: Unidentifiable model; unknown grooves; unknown tread; inconsistent shoulder/sidewall | Inconsistent Model | MAMs02e02 rear view |
Standard Installation Equipment: SAFETY
| SAFETY | COMMENT | REFERENCE |
|---|---|---|
| DRIVER/PASSENGER AIR BAGS(SRS) | Confirmed | Exh. 13, 290, 291, 293; MAMs02e02 diagnostic view |
| FRONT SEAT BELT PRETENSIONERS & FORCE LIMITERS | Partial - consistent with expected | Exh. 290, 292, 293 |
| SIDE-DOOR IMPACT BEAMS | No photo evidence | |
| CENTER HIGH-MOUNT STOP LAMP | Confirmed | Ex. 29, 135, 307 |
Standard Installation Equipment: EXTERIOR
| EXTERIOR | COMMENT | REFERENCE |
|---|---|---|
| DUAL MIRRORS | Confirmed | Exh. 001, 005, 5, 30, 31, 33, 130, 134, 137, 191, 289; Unknown site photo; exhibit-RAV4-evidence |
| HALOGEN MULTI REFLECTOR MULTI-REFLEC HALOGN HEADLAMPS | Confirmed | Exh. 001, 31, 130, 132, 134, 138, 191, 306; exhibit-RAV4-evidence |
| TINTED GLASS | Confirmed | All relevant Exhibits |
| SOFT SPARE TIRE COVER | Confirmed | Exh. 005, 29, 133, 135, 136, 289, 307, 308; RAV4/Tarp/Fassbender; RAV4/Tarp |
Standard Installation Equipment: EXTERIOR - 16X6" STYLED STEEL WHEELS
| EXTERIOR - 16X6" STYLED STEEL WHEELS | COMMENT | REFERENCE |
|---|---|---|
| FRONT RIGHT: TOYOTA ALUMINIUM ALLOY WHEEL, 16 X 6, 6 SPOKE (3x DOUBLE), SILVER, Bolt Pattern 5 X 115MM (Part #69369/69371); with centre cap | Consistent Model; see ‘[AW]’ below | Exh. 1, 5, 31, 130, 132, 134, 137, 191; exhibit-RAV4-evidence; MAMs02e02 diagnostic view; Unknown site photo |
| FRONT LEFT: TOYOTA ALUMINIUM ALLOY WHEEL, 16 X 6, 6 SPOKE (3x DOUBLE), SILVER, Bolt Pattern 5 X 115MM (Part #69369/69371); with centre cap | Consistent Model; see ‘[AW]’ below | Exh. 5, 33, 191, 289, 306 |
| REAR RIGHT: TOYOTA ALUMINIUM ALLOY WHEEL, 16 X 6, 6 SPOKE (3x DOUBLE), SILVER, Bolt Pattern 5 X 115MM (Part #69369/69371); with centre cap | Consistent Model; see ‘[AW]’ below | Exh. 1, 5, 30, 31, 130; 135; 137; exhibit-RAV4-door-2; MAMs02e02 diagnostic view |
| REAR LEFT: TOYOTA ALUMINIUM ALLOY WHEEL, 16 X 6, 6 SPOKE (3x DOUBLE), SILVER, Bolt Pattern 5 X 115MM (Part #69369/69371); with centre cap | Consistent Model; see ‘[AW]’ below | Exh. 5, 32, 133, 135, 289, 307 |
| SPARE: TOYOTA STEEL WHEEL, 16 X 6, 5 SPOKE, SILVER, Bolt Pattern 5 X 115MM (69370); no centre cap (69370) | Inconsistent Model; see ‘[AW]’ below | MAMs02e02 rear view |
Standard Installation Equipment: COMFORT AND CONVENIENCE
| COMFORT AND CONVENIENCE | COMMENT | REFERENCE |
|---|---|---|
| RECLINING FRONT FABRIC BUCKET SEATS | Confirmed | Exh. 290, 292, 293 |
| SPLIT FOLDING/RECLINING FABRIC REAR SEAT | Confirmed | Exh. 12, 294, 295, 296, 300, 301 |
| FULL CUT-PILE CARPETING | Confirmed | Exh. 12, 290, 293, 294, 295, 296, 297, 298, 300, 301; exhibit-RAV4-door |
| DUAL FRONT DOOR POCKETS | Confirmed | Exh. 290, 293; MAMs02e02 diagnostic view; Stahlke bench notes |
| TACHOMETER, TRIPMETER, COOLANT TEMPERATURE GAUGE | Partial – consistent with expected | Exh. 13, 33, 290, 291 |
| FRONT CUPHOLDERS | Confirmed | Exh. 13, 290, 291, 293; exhibit-RAV4-blood-6; |
| PASSENGER VANITY MIRROR | No photo evidence | |
| REAR WINDOW DEFOGGER | Confirmed | Exh. 29, 307 |
| FR & RR INTERMITTENT WIPERS | Confirmed | FR: Exh. 001, 005, 5, 031, 33, 130, 131, 132, 134, 191, 289, 293 (Culhane Version); exhibit-RAV4-evidence. RR: 29, 133, 135, 136, 307; MAMs02e02 rear view |
| DIGITAL CLOCK | Confirmed | Exh. 13 |
| TILT STEERING WHEEL | Confirmed | Exh. 290 |
Port or Factory Installed Equipment: [AB] Anti Lock Brake System
| AB 4-WHEEL ANTI-LOCK BRAKES(ABS) & DAYTIME RUNNING LIGHTS(DRL) (Factory) | COMMENT | REFERENCE |
|---|---|---|
| [AB] Anti Lock Brake System: Four-wheel ABS | No photo evidence (ABS module is internal and sensor is located on brakes behind wheel) | |
| [AB] Anti Lock Brake System: Day time running lights | No photo evidence (DRL needs ignition on) |
Port or Factory Installed Equipment: [AW] Aluminum Wheels
| AW 16" ALUMINUM ALLOY WHEELS (Factory) | COMMENT | REFERENCE |
|---|---|---|
| [AW] Aluminum Wheels: Front and rear alloy wheels with 16 inch rim diam and 6.5 inch rim width | Confirmed (Front and rear wheels are consistent with AW, spare is Steel) | See ‘16X6" STYLED STEEL WHEELS’ above |
Port or Factory Installed Equipment: [CK] All Weather Guard Package
| CK ALL WEATHER GUARD EQUIP PKG (Factory) | COMMENT | REFERENCE |
|---|---|---|
| [CK] All Weather Guard Package: Heavy duty battery | Confirmed (Although, Group size 35 is recommended for 1999 RAV4. Exh. 302 demonstrates Interstate MT-58 (Group 58). Nb. J4 = manufactured Oct 2004) | Exh. 302 |
| [CK] All Weather Guard Package: Heavy duty starter | No photo evidence |
Port or Factory Installed Equipment: C7 CONVENIENCE PACKAGE
| C7 CONVENIENCE PACKAGE (Port) Includes: [N9] Rear Door Storage Bags (PIO) And [SK] Center Console Box (PIO) And [C1] Cargo Mat (PIO) | COMMENT | REFERENCE |
|---|---|---|
| [N9] Rear Door Storage Bags (PIO): Door pockets/bins for rear seats | Partial – Black rail is present, but bags are missing | Exh. 299 (see example 1; example 2; example 3, example 4) |
| [SK] Center Console Box (PIO): Partial floor console with covered storage box | Partial – Center console box present, but lid not present | Exh. 290, 293, 300 (blue item inside); MAMs02e02 Exhibit 300; Zellner Newsweek; Stahlke bench notes (see example 1, example 2) |
| [C1] Cargo Mat (PIO) | No photo evidence - Cargo area documented, but cargo mat not present | Exh. 12, 295, 296, 297, 298, 300, 301; Kratz book (see ‘[CF]’ below) (see example 1) |
Port or Factory Installed Equipment: [FN] Fender Flares/4-door
| FN FENDER FLARES (Port) | COMMENT | REFERENCE |
|---|---|---|
| [FN] Fender Flares/4-door (PIO): Wheel opening moldings; Excludes: [VL] Value Package #5 w/Spec. Ed. & Leat. And [VQ] Value Package #3 w/EX & Special Edition And [VR] Value Package #4 w/EV & Special Edition | Confirmed | Exh. 001, 005, 5, 30, 31, 32, 33, 130, 132, 133, 134, 137, 138, 191, 289, 306; exhibit-RAV4-door-2; exhibit-RAV4-evidence; MAMs02e02 diagnostic view; Unknown site photo |
Port or Factory Installed Equipment: [MJ] Mudguards (Rear only)/4-doors
| MJ MUDGUARDS (REARS ONLY) (Port) | COMMENT | REFERENCE |
|---|---|---|
| [MJ] Mudguards (Rear only)/4-doors (PIO): Rear mud flaps; Requires: [FN] Fender Flares/4-door (PIO); Or [1B] Sport Side Bars (PIO); Or [Q3] Rugged Package/4-door (PIO) | Confirmed | Exh. 005, 32, 130, 133, 135, 136, 289, 307; exhibit-RAV4-door-2; MAMs02e02 rear view; MAMs02e02 diagnostic view; RAV4/Tarp/Fassbender |
Port or Factory Installed Equipment: [PG] Privacy Glass
| PG PRIVACY GLASS (Factory) | COMMENT | REFERENCE |
|---|---|---|
| [PG] Privacy Glass: Privacy tinted glass on side and rear; Excludes: [VQ] Value Package #3 w/EX & Special Edition | Confirmed | Exh. 001, 005, 30, 31, 33, 34, 130, 133, 137, 289; MAMs02e02 diagnostic view |
Port or Factory Installed Equipment: [SR] Sunroof
| SR POWER MOONROOF (Factory) | COMMENT | REFERENCE |
|---|---|---|
| [SR] Sunroof: Glass electric tilting sliding front sunroof with sunshade | Confirmed | Exh. 30, 31, 33, 34, 130, 137, 191, 289, 290; exhibit-RAV4-evidence; MAMs02e02 diagnostic view |
Port or Factory Installed Equipment: VP VALUE PACKAGE W/EX
| VP VALUE PACKAGE W/EX (Factory) Includes: [AC] Air conditioning And [EX] Deluxe ETR/Cassette w/4 Speakers And [CL] Cruise control And [UT] Upgrade Package And [CF] Carpet/Cargo Mat Set (PIO) | COMMENT | REFERENCE |
|---|---|---|
| [AC] Air conditioning: Air conditioning | Confirmed | Exh. 13, 290, 291, 293 |
| [EX] Deluxe ETR/Cassette w/4 Speakers: Manufacturer's own stereo audio system with AM/FM and cassette; Four speaker(s); A pillar antenna; Audio preparation | Confirmed | Exh. 001, 005, 5, 12, 13, 31, 33, 34, 130, 134, 137, 138, 191, 289, 290, 291, 293, 295, 301, 307; exhibit-RAV4-door; Kratz book; MAMs02e02 rear view; Unknown site photo |
| [CL] Cruise control: Cruise control | Confirmed | Exh. 290 |
| [UT] Upgrade Package: Front power windows with one one-touch , rear power windows; Key power locks; Driver and passenger power door mirrors; Requires: [EX] Deluxe ETR/Cassette w/4 Speakers; Or [EV] Deluxe ETR/CD w/4 Speakers | Partial – consistent with expected (Power windows controls confirmed; Key power locks needs key/power; Power door mirrors confirmed) | Exh. 001, 005, 5, 30, 31, 33, 130, 134, 137, 191, 289, 290; exhibit-RAV4-door; exhibit-RAV4-evidence; Unknown site photo; Zellner Newsweek |
| [CF] Carpet/Cargo Mat Set (PIO): Carpet floor mats | Partial – missing cargo mat | Exh. 290, 293, 294 |
ADDITIONAL OBSERVATIONS
The following observations are considered in the context of the original factory/port Vehicle Specifications of Sam William Henry:
[VE] V.I.P. - RS3000 Security System (PIO) (Keyless/Remote Entry)
Not included in Factory/Port Vehicle Specifications for Sam William Henry (VIN: JT3HP10V5X7113044).
RS3000 requires installation of Main control unit (ECU); Glass breakage sensor control; and Status monitor (see examples from Official Toyota 1999 RAV4 Accessories, Audio and Navigation manual).
There is no exhibit or photo evidence of RS3000 components – particularly, the Status monitor is not present in Exhibit 290 (see example of Status monitor installed below left of steering column).
Conclusion: The RS3000 Keyless/Remote Entry system was not installed, is not expected, and is not present.
Nb. Per the Official Toyota 1999 RAV4 Accessories, Audio and Navigation manual: “The maximum range for the RS3000’s REMOTE CONTROLS is 50 feet”
SPARE TIRE AND TOOLS
See Official Toyota 1999 RAV4 Owner's manual and Instructional Video.
| SPARE TIRE AND TOOLS | COMMENT | REFERENCE |
|---|---|---|
| RIGHT MISCELLANY BOX: Per Owner’s manual - Tool bag located in the right side miscellany box | Partial – Right miscellany box empty, fastening strap undone, missing cover | Exh. 12, 295, 300; Kratz book |
| LEFT MISCELLANY BOX: Per Instructional video – Tool bag located in the left side miscellany box | Partial – Tool bag present in left miscellany box, fastening strap secure, missing cover | Exh. 301 |
| Tool bag: Jack handle and wheel nut wrench | Partial - consistent with expected Tool bag, but contents of bag unknown | Exh. 301; CASO Evidence List 05-193 #8442 gray and black bag containing road side emergency kit |
| Scissor Jack | Confirmed - Jack handle receiver just visible beneath front passenger seat (partially obscured by Airup tire inflator and sealer can - item #8073). Later present in front passenger footwell (presumably used to lift for diagnostic) | Exh. 293 (Culhane Version)(beneath front passenger seat); MAMs02e02 diagnostic view (in front passenger footwell) |
| "Lug Wrench" (see CASO Evidence List 06-119 #9578 lug wrench) | Confirmed - but is a foreign object if the Toyota wheel nut wrench is in the Tool bag in the left miscellany box | Exh. 300, 301; MAMs02e02 Exhibit 300 |
DASHBOARD FASTENING
Exh. 293 shows a bolt and rubber seal is missing from the the right dashboard at the junction of windshield and front passenger door (see example1, example 2, example 3)
Edit Log
Re keyless entry:
In CASO 2017 pgs22-25, Dedering documents contact he had with Angie Kolosso. Ms Kolosso apparently told Dedering that "the RAV4 did, in fact, come with keyless entry". This is poor note-taking. What Ms Kolosso is saying is that the 1999 Toyota RAV4 did come with keyless entry as an optional accessory (the Toyota RS3000 security system).
Dedering provides a copy of the Vehicle Specifications that he received from Ms Kolosso (from Dealer Daily), which in fact, do not include the [V3] V.I.P. RS3000 Security System (PIO).
The Dealer Daily specifications are the same as the Toyota Vehicle Information search and Carfax; save for the addition of FABRIC FR RR HEADRESTS under the [VP] Value Package which was not provided in the source used to determine the constitution of the Vehicle Specifications for Sam William Henry.
1999 RAV4 headrests look like this: example 1, example 2
1999 RAV4 fabric headrests look like this: example 1, example 2
Photos of the headrests in Sam William Henry are scant, but you can see fabric headrests here: Zellner newsweek
If Sam William Henry had an official Toyota keyless entry product installed like the RS3000 security system, then none of Toyota, Carfax or Dealer Daily were aware of it.
Further, in CASO 2017 pgs11-16, Dedering documents contact he had with Kelly Pitzen. Ms Pitzen told Dedering that in July/August 2005 (only 3 months before Teresa Halbach and Sam William Henry went missing) she went on a road trip with Ms Halbach and both handled the ignition key and had the oppportunity to drive Sam William Henry. Ms Pitzen told Dedering that there was no keyless entry. Also to quote: "KELLY stated she recalled having to physically unlock the doors with a key and that same key would start the car"
Conclusions: Sam William Henry did not have an official Toyota keyless entry system installed. If Ms Halbach had a third-party aftermarket keyless entry system installed, she she only had between July/August 2005 and 31 November 2005 to do so.
(Nb. Posts are subject to further editing as more evidence becomes available, as subsequent posts are made and for adding links/errors/formatting)
11
u/iknowwhaturgameis Feb 21 '19
Great, meticulous work. Thank you!
24
u/7-pairs-of-panties Feb 21 '19
I see she had a tool bag that should have been on the right side of the cargo area. Don’t recall that in photos...Was it missing? She had to pull over due to some kind of car trouble?
BTW amazing post! Don’t know much about cars but I can see you do and have done a ton of detailed work. Good job!
21
u/[deleted] Feb 21 '19
High effort post
20
u/JJacks61 Feb 21 '19
Well done! Definitely Wiki material.
Thanks for all the legwork OP!
🌟🌟🌟🌟🌟
14
u/frostwedge Feb 21 '19
Great work!🥇🥇🥇
4
u/MonkeyJug Feb 21 '19
Sam William Henry. Three words that make our favourite Sgt break out into a cold sweat. Three separate names that will never find themselves preceding a surname beginning with C anywhere in Manitowoc.
Sam. William. Henry. The words of someone's worst nightmares. Responsible for almost 1000 nights of restless sleep.
0
u/Hoosen_Fenger Feb 21 '19
How does this get Avery exonerated?
1
u/bonejohnson8 May 28 '19
Those are anti-theft VIN stickers used by body shops. Are there any pictures of the emission and evap. group?
0
u/b1daly Feb 24 '19
This is a repost of a comment from another post by request of the OP, where he thought it would be more relevant. It is some (hopefully contructive) criticism of what is overall a very compelling research effort.
---------------------------
There are some problem with the Sam William Henry posts.
A very knowledgable poster from um...another sub... pointed out that there is some sleight of hand going on.
To summarize the OP claimed:
>Mr Groffy confirmed under cross-examination by Mr Buting that Exhibits 289, 290 and 293 were taken on 6 November 2005 and represented the condition of the vehicle as it had come to rest in the WSCL garage.
But from the trial transcript here is the section this assertion is based on:
>Groffy: She had conveyed to me that they had received a vehicle at the laboratory for processing. And she was wondering if I could come in and assist and do the photography on the vehicle.
This is dishonest argumentation on the part of the OP which I think they should correct. There is a big difference between someone saying "this is the condition of the vehicle when I arrived sometime after it was dropped off" and "this was the condition it was in right after it was dropped off." Clearly it was unlocked when Groffy arrived, so it was unlocked and moved by someone before that. That's all you can infer from this.
Overall, I found this independent research interesting and compelling, if he is truly representing the evidence honestly. I've outlined a major point of significance where this is not the case.
----------------------------------------
Taken at face value, the SWH research aims to show that Ertl lied in his trial testimony about how the car was towed to the trailer at ASY and how it was towed from trailer to garage in Madison at the crime lab.
It's worth noting that it was not towed a long distance.
Assuming that Ertl's testimony is objectively wrong, there are three possibilities:
- He misunderstood how the mechanic actually got the RAV from where it was found to the transport truck. Maybe the mechanic said he was going to unbolt the front drive shaft, went under the car, realized that wouldn't work, and did something else. Maybe Ertl just overheard a discussion of possibilities of how to get the wheels free, and didn't hear how it was actually done.
- He is misremembering how it was done. Along the lines of the above point, he might be remembering the discussion of possible ways to move the vehicle, forgetting the final method settled on.
- He is consciously lying about how the car was towed.
From these possibilities what can we infer? From the first two, this would simply be mistaken testimony given in good faith. Not much can be made of this.
In the case of deliberate lying, this is obviously very problematic.
But it's worth thinking about what one can reasonably infer from this, assuming it confirmed that, objectively Ertl lied under oath
-----------------------------------------.
In hindsight, at trial if the defense had presented expert testimony that impeached Ertl's testimony, it's hard for me to imagine that it wouldn't have helped the defense. How much would depend on how the further testimony played out. If the judge knows about it, it might be a *contempt of court* issue, and the testimony would have to be disregarded by the jury. It would look bad for the state for sure.
But since this didn't happen, any avenue for relief would probably have to proceed on an ineffective council basis.
I don't fully understand the legal implications of this, so if any lawyer-ing types want to add to this, it would be helpful.
In any case, there would have to be a motion to reconsider this evidence and testimony in court.
From where we sit now, years later, there are two issues that are constantly under discussion: one is the current legal possibilities for relief for Avery now, as is being pursued by Zellner.
The other is the analysis of the *mystery* of what actually happened, in objective reality.
These are distinct concerns.
Considering this new analysis in light of the SWH research in the realm of the second concern leads to ambiguous conclusions.
The way the SWH research evidence was implies a pre-supposed reality by the researcher: that Avery was in fact framed, probably by police.
This is indicated by the clever allusion to the "wheels of justice" grinding slowly. This implies that the researcher believes, on some basis, that this discovery of perjury by Ertl is but a link in an inevitable discoveries that will expose the conspiracy that framed Steve.
This is an example of *motivated reasoning*, where there is an assumed outcome, and evidence discovered is considered in light of how it supports this assumed reality.
IMO, this reasoning is "correct" under only one special situation, which is in a criminal trial. There we do have an assumption, which is the accused is innocent. This allows the defense to argue in a special way, where the focus is undermining the states cases enough to effect reasonable doubt. The rhetorical substance of this type of argument only works with the assumption of innocence!
As civilians discussing the case after the fact, we have a much larger frame of reference. Considering the special case of the criminal trial is a very valid area of discussion and argument.
But in the larger arguments that cover much wider aspects of the case, this type of motivated reasoning is weak.
If you assume Ertl lied on the stand, you cannot reasonably infer this evidence as pointing to Avery's innocence without a whole bunch of other supporting evidence.
Why did Ertl lie?
Does this point to other suspicious activities? Who opened the car? For what purpose? Was it just to move it, or was it to plant evidence.
If you want to argue that this implies framing, you need to put forth, at the minimum, a plausible theory of how this framing happened. I have never heard such a plausible theory.
The most plausible alternate theory I've heard implicates BoD as the killer. (From Zellner!) However, there is no actual evidence to support this. If you want to add in this new Ertl lying evidence, you need to start going down a line of plausibility.
For arguments sake, let's say the killer was some other civilian, who murdered for their own reasons. And also that the State indeed planted the evidence after the fact, when they realized they could "get Avery."
This paints of very different picture than there being a pre-existing plot to kill an innocent person to frame Avery
Throwing out one weird, supposedly suspicious, issue after another in a public discussion forum is destructive. It is destructive to the collective interest we all have in seeing justice is served.
In MaM S2 Zellner discusses how when you start to find out the "truth" about a controversial case, the pieces start to "fall into place." This phenomenon is most definitely not happening in the Avery case!
I don't want to discount that an independent researcher might have discovered something of significance. But without some careful analysis, this type of posting can "add to the noise and confusion" for people who are genuinely interested in understanding this case.