Making a Murderer lawyer says computer porn evidence proves Brendan Dassey was FRAMED

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Avery’s new lawyer Kathleen Zellner has alleged evidence of Bobby Dassey searching for “images of Ms. Halbach, violent pornography and dead bodies of young females”.

Her claim came a decade after Avery and Brendan were convicted of Ms Halbach’s murder in 2007, as detailed by Netflix hit documentary Making a Murderer.

And Jerry Buting – who represented Avery in the trial – told Daily Star Online this discovery suggests the duo’s convictions were “absolutely a cover-up, no question”.

He claims he and co-counsel, Dean Strang, were falsely led to believe the computer contents had been searched by Brendan.

But because this was NOT used against Brendan in the trial, it led Mr Buting to suspect foul play by Manitowoc County Police.

Mr Buting told Daily Star Online: “It was absolutely a cover-up, no question, this was a cover-up on that because they deliberately did what is famously called a discovery dump.

“They sent a thousand pages or something, a whole bunch to us six weeks before the trial, right before Christmas, and this report was one page buried in the middle of that.

“Then they tried to fool us by calling it Brendan Dassey’s computer.

Making a Murderer lawyer Jerry Buting says computer porn evidence proves Brendan Dassey was framed

BOMBSHELL: Jerry Buting (top left) claims Avery (bottom left) and Brendan (right) were framed (Pic: NETFLIX)

“Well they knew, they absolutely knew it was not Brendan Dassey’s computer and the way we know that is, four months later, when they tried Brendan’s case, they never used that evidence against him at all”

Jerry Buting

“Well they knew, they absolutely knew it was not Brendan Dassey’s computer and the way we know that is, four months later, when they tried Brendan’s case, they never used that evidence against him at all.

“If they thought he was the one doing those searches for decapitated women, and murder, porn, and all that stuff they would have used it for sure against him and they didn’t.”

“So they absolutely knew what they were doing and in this failure to even book it into evidence, because they knew we were going through the evidence, was not a mistake, that was deliberate.”

Daily Star Online then asked Mr Buting if he therefore questioned Brendan and Avery’s innocence because of the purported information the former had been searching for the porn.

We also asked him if Avery was quizzed about the apparent searches from Brendan.

Mr Buting – who wrote Illusion of Justice: Inside Making a Murderer and America’s Broken System – responded: “I cannot answer this for two reasons. One, I may be a witness at a post-conviction hearing where these issues would have to be addressed, and therefore should not be discussed beforehand.

“Two, I cannot discuss what we did or did not talk to our client about, due to attorney-client privilege.”

According to Mr Buting, the porn was first referenced in a summary police report issued in December, 2006, following forensic analysis a baffling seven months earlier.

Brendan Dassey

JAILED: Brendan Dassey is serving a life sentence for the murder of Teresa Halbach (Pic: NEITFLIX)

Making a Murderer Jerry Buting

CLAIM: Making a Murderer lawyer Jerry Buting is convinced Avery and Brendan are innocent (Pic: NETFLIX)

Violent porn found on computer of Bobby Dassey

ALLEGATION: It is claimed violent porn was found on the computer of Bobby Dassey (Pic: NETFLIX)

But he alleges it was not booked into the case as evidence before the trial, therefore not accessed until a decade later by Zellner.

Zellner then said they were Bobby’s searches because they were made when only he was home.

And Mr Buting says that had he seen the forensic report after its completion in May, 2016, he may have been equipped to present Bobby as a suspect in time for the trial.

Mr Buting argued to jurors that Avery had been framed for the 2005 killing of Ms Halbach.

He wanted to name Bobby and Scott Tadych – Avery’s nephew and brother-in-law respectively – as alternative suspects.

They both deny any involvement in the murder, and have never been treated as suspects by police.

And he says naming them as suspects was denied, with the judge telling them they could not provide grounds for motive.

But Mr Buting – who to this day holds the duo as his most likely suspects – said evidence of torture porn on Bobby’s computer would have given them motive.

Steven Avery

SUBJECT: Steven Avery was the focus of hit documentary Making a Murderer (Pic: NETFLIX)

Scott Tadych

CASE: Scott Tadych gives testimony in the trial of Steven Avery (Pic: NETFLIX)

He previously told Daily Star Online: “We had named Bobby Dassey as a suspect in that motion, and the judge said, well yeah he had access and opportunity, he could have done it but you don’t have a motive.

“Well (what) if we had this information?

“So really they withheld it not just from us but from the court, knowing that the court was going to have to make this determination.

“He was their star witness, saying that he was home and saw her out his window, saw her come up, take pictures and claims he saw her walking towards Steven’s trailer when he then decided to go take a shower, right before he goes hunting, which is weird.

“So we challenged a lot of his story anyway, and also presented evidence that she did what are known as hustle shots.

“He could very easily have flagged her down on her way out and said: ‘hey, I have another car over here, drive around the corner, she was there much time she knew there were other vehicles, and then could have easily have jumped her, overpowered her, taken the car.

“And then we had a witness who saw what appeared to be her SUV driving off the property.

“So he clearly had access and opportunity to have been the killer, but the judge said well you need more than that, you need to show motive.

“That would have, I think, been the link that the judge very well may have allowed it to come in.

“And not only have that allowed us to point the finger at a third party, it would have probably destroyed their star witness, who was as they put it the ‘last person to see her alive’, until other than Steven Avery.”

Zellner had fought Avery’s conviction by filing a motion, which implicated Bobby and detailed the computer contents found.

She had argued the evidence had been withheld and not handed over to the defence, also implicating Scott because of “inconsistent statements” and “previous complaints of violence against women”.

But this was denied by Judge Angela Sutkiewicz, who ruled: “(Defense attorney Dean) Strang was in possession of Special Agent Fassbender’s report revealing the work of Detective Velie, he acknowledged the detective’s review of the drives when discussing the stipulation proposals, and concluded that the information on the drive in question was irrelevant, a result of a strategic decision on the part of the defense rather than misconduct on the part of the prosecution.”

However Mr Buting disputes this, claiming lead investigator Tom Fassbender kept it in his personal possession.

Mr Buting told us: “The state seized the computer and held it, and had an expert review it, and then they never filed any report about it or even mentioned any of their later discovery until seven months later when Fassbender writes this report that he entitles Brendan Dassey’s computer, and he has one paragraph in there about there being torture porn, and murder porn and that kind of stuff.

“But he makes it sound like Brendan’s searches, not Bobby’s and then, what’s very unusual, he says the report of their expert, which was on a CD, he never booked it in as evidence, he kept it in his own personal possession.

Teresa Halbach

TRAGIC: Teresa Halbach died in 2005 (Pic: NETFLIX)

“If he’d booked it in as evidence, we would have seen it, so the delay even when they finally did turn it over, even that summary police report about it, it was like a week or so before our Deny motion, that is our motion to point the finger at a third party suspect was due.”

Adding why he suspects Bobby Dassey and Scott, he added: “They had no alibi, either one of them, either than each other.

“They claimed that they were passing each other, and this is the other weird thing, Bobby had said to the police when they asked him: well what time was it when you guys were driving past each other on the road to go to opposite hunting stands?

“He was like well I don’t really know but Scott would know.

“Well why would Scott know, why would you think that Scott would know the exact time?”

“With Tadych, this is all in our motion, he had notoriously explosive temper, who later married Barb.

Making a Murderer lawyers

TEAM: Lawyers Dean Strang (left) and Jerry Buting (right) argued to jurors Avery was framed (Pic: NETFLIX)

“He had, there is evidence, even in the police interviews, there is evidence he had this explosive temper.

”And – importantly – that Scott was hurriedly trying to sell at work the exact same model .22 cal rifle that was claimed to be the murder weapon just after Brendan was arrested.”

Avery was wrongfully convicted of rape and attempted murder in 1985 before he was released in 2003, because DNA proved his innocence.

He was pursuing a lawsuit that could have earned him millions, but was unable to after his arrest and then conviction for Ms Halbach’s murder.

But earlier this year, he was granted the right to appeal.

Manitowoc County Police deny framing Avery for the murder.

Daily Star Online has approached Manitowoc County Police, Scott Tadych, Bobby Dassey and Fassbender for a response.

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