The Story of Steven Avery s 1985 Conviction for Rape, Exoneration and the 2005 Arrest for the Murder of Teresa Halbach Attorney Amy J. Doyle CRIVELLO CARLSON, S.C. Milwaukee, Wisconsin Phone: (414) 271-7722 E-mail: adoyle@crivellocarlson.com I. Steven Avery Conviction in 1985, Exoneration in 2003 and Conviction for Murder in 2007 On July 29, 1985, Penny Beernsten was attacked and sexually assaulted while jogging on a beach in Manitowoc County, Wisconsin. Beernsten was interviewed in the hospital and the deputy thought the description sounded like Steven Avery who was well known in the Sheriff s Department. Steven Avery had been arrested 6 months earlier for running a woman off the road and pointing a gun at her. Avery was arrested after Beernsten picked him out of a photo array and a live line up. Avery was convicted of rape and attempted murder in December of 1985 and sentenced to 32 years in prison. In 2002, the Wisconsin Innocence Project got involved and obtained an Order from the Court to conduct DNA testing on hairs from the 1985 rape case. DNA testing was not available during Avery s original trial in 1985. One of the hairs matched the DNA profile of Gregory Allen, who resembled Steven Avery and had a history of committing assaults against women. Avery was released from prison on September 11, 2003. Avery filed a civil lawsuit against Manitowoc County, former Sheriff Tom Kocourek and its former District Attorney, Denis Vogel for wrongful conviction. Avery alleged that the Sheriff s Department improperly targeted him, ignored other suspects and failed to produce exculpatory evidence both before and after his conviction. Avery was seeking to recover $36 million in damages from his wrongful conviction lawsuit. This lawsuit was settled in February of 2006 for $400,000 which was after Avery was charged for the murder of Teresa Halbach. Freelance photographer, Teresa Halbach, disappeared on October 31, 2005. Her last appointment was to photograph a minivan at the Avery Auto Salvage yard. A volunteer search group found her vehicle on the salvage yard a few days later. The license plate and battery had been removed and the vehicle was partially concealed with branches and other items. Due to a potential conflict of interest, the investigation and prosecution of the case was assigned to the Calumet County Sheriff s Department. Manitowoc County Sheriff Deputies still assisted Calumet County in the searches of the Avery property. During these searches, Avery s blood was found inside the Halbach vehicle. Also found on the Avery property were bone fragments and other personal items in a burn barrel, which later were found to be Halbach s. Halbach s car key was discovered in Avery s trailer and was found to have Avery s DNA on the key. 1
Avery s defense attorneys argued that evidence was planted by the Manitowoc County Sheriff s Deputies. It was alleged that the key found in Avery s bedroom must have been planted as it was not found during the initial searches of the property. Avery s attorneys also suggested that the blood found in the Halbach vehicle had been planted. Avery s court file from the 1985 conviction contained a vial of Avery s blood. This vial was unsealed and had a puncture hole in the stopper. FBI technicians tested the blood recovered from the vehicle and found that it did not contain EDTA, a preservative used in blood vials. Avery was convicted on March 18, 2007 of first degree murder of Teresa Halbach, and illegal possession of a firearm. He was acquitted on the charge of mutilation of a corpse. Avery was sentenced to life in prison without the possibility of parole. II. Brendan Dassey s 2006 Arrest and 2007 Conviction for Murder Brendan Dassey is the nephew of Steven Avery. At the time of his arrest, Dassey was 16 years old with an IQ of 70-79. After the disappearance of Teresa Halbach, Dassey was questioned about whether he saw Teresa Halbach on the property when he was dropped off by the school bus at the time Halbach was on the property photographing the minivan for Auto Trader Magazine. He was questioned again several months later without counsel or a parent being present. During these interrogations, Dassey confessed to being part of the rape and murder of Halbach. Dassey was arrested and charged on March 3, 2006. Dassey later recanted his confession in a letter to the trial judge. At the age of 17, Brendan Dassey was convicted of being party to murder, mutilation of a corpse and second degree sexual assault. He was sentenced to life in prison with a possibility of parole. Dassey s confession was used against him at the time of trial. Dassey s conviction was overturned by Magistrate Judge William Duffin on August 12, 2016. Judge Duffin found that Dassey s confession was involuntary and in violation of his constitutional rights. Judge Duffin ordered Dassey released in 90 days unless the State chose to retry him. The State has appealed Judge Duffin s decision to the 7 th Circuit Court of Appeals. Counsel representing Dassey filed a motion to release Dassey pending the appeal. III. Netflix Making a Murderer Documentary Making a Murderer is a documentary that premiered on Netflix on December 18, 2015. This documentary consisted of 10 episodes documenting the arrest and conviction of Steven Avery in 1985 for the rape of Penny Beernsten, Steven Avery s exoneration in 2003 and the 2005 arrests and convictions of Steven Avery and his nephew, Brendan Dassey for the rape, murder and mutilation of a corpse of Teresa Halbach. The documentary has generated significant media and international attention. The response to the documentary has been controversial leading to protests and rallies throughout the world to release Steven Avery and Brendan Dassey from prison. There also have been petitions to the President of the United States and to Wisconsin 2
Governor Scott Walker for a pardon. Manitowoc County Sheriff Deputies and others related to the Avery/Dassey cases have been the subject of threats and negative media attention. Making a Murderer 2 is already in production. It is believed that this second documentary will document the response to the initial documentary and follow the appeals of Steven Avery and Brendan Dassey. IV. Timeline of Events January 2, 1985 January 5, 1985 July 29, 1985 July 29, 1985- August 1, 1985 August of 1985 August 1985 December 14, 1985 March 10, 1986 August 5, 1987 Summer of 1995 September of 1996 Avery runs woman off the road and points a gun at her Avery arrested for endangering safety and booking photo taken Penny Beernsten raped on beach in Manitowoc County, Wisconsin Penny Beernsten interviewed in hospital, sketch done by Deputy Gene Kusche, photo array and line up done, Steven Avery arrested City of Manitowoc officer claims he spoke with Manitowoc County Sheriff Kocourek about another possible suspect, Gregory Allen Individuals in Manitowoc County District Attorney s Office raise questions about whether other suspect, Gregory Allen, could have committed the rape of Penny Beernsten Steven Avery tried and convicted for sexual assault, attempted murder and false imprisonment Avery sentenced to 32 years in prison Court of appeals denies Avery s appeal to overturn his conviction Manitowoc Jail Officer Andrew Colburn receives a telephone call from Brown County Sheriff s Department who stated that an inmate in Brown County admitted to a sexual assault in Manitowoc for which another person was serving jail time. Officer Colburn transferred the call to the Detective division for handling. Avery s attorneys have evidence reexamined (scrapings taken from under the rape victim s fingernails) which showed a third unknown DNA profile. The Circuit Court denied Avery s request for a new trial. 3
April 3, 2002 September 10, 2003 September 11, 2003 September 19, 2003 December 17, 2003 October 12, 2004 October 31, 2005 November 3, 2005 November 3, 2005 November 5, 2005 November, 2005 November of 2005 Innocence project obtained Court order for testing of 13 hairs preserved from the scene of the 1985 rape of Penny Beernsten. Wisconsin crime lab test 13 hairs recovered from the victim in 1985. None of the hairs matched Avery. One hair matched the DNA profile of Gregory Allen. Court dismissed charges against Avery and he is released from prison. Wisconsin Attorney General assigns the Wisconsin Department of Justice to conduct an investigation into the Avery case WI Department of Justice investigates and issues a report with on a finding of no misconduct or violations by the Manitowoc County Sheriff s Department personnel or the District Attorney in the arrest and prosecution of Avery in 1985. Avery files wrongful conviction lawsuit against Manitowoc County, former Manitowoc County Sheriff Kocourek and former District Attorney Denis Vogel seeking $36 million. Photographer, Teresa Halbach is last seen on the Avery Salvage yard property. Teresa Halbach s family first reports Teresa missing to the police Sgt. Andy Colburn calls dispatch as to information regarding the missing person/car Teresa Halbach s car is found on the Avery property by a volunteer search party who had permission to search the Avery salvage yard Decision is made to have Calumet County conduct the investigation/prosecution regarding the death of Teresa Halbach due to a potential conflict of interest given the pending civil lawsuit against Manitowoc County for the wrongful conviction in 1985. Calumet Sheriff s Department, with the assistance of Manitowoc County Sheriff s Department, conducted several searches of the Avery property. These searches found the Halbach car key in Avery s trailer, Avery s blood in the Halbach car and Halbach s charred remains in burn barrels outside of Avery s trailer 4
November 9, 2005 November 15, 2005 Avery arrested for being a felon in possession of a firearm Avery charged with murder of Teresa Halbach February 2006 Avery settles his wrongful conviction civil lawsuit for $400,000 February 28, 2006- March 1, 2006 Brendan Dassey, Avery s nephew, was re-interviewed at which time he confessed to being involved in the rape and murder of Teresa Halbach 2006 Brendan Dassey recanted confession March 18, 2007 April 25, 2007 August 24, 2011 January 30, 2013 August 1, 2013 October 20, 2013 December 18, 2015 August 12, 2016 September 9, 2016 Avery found guilty of murder and sentenced to life in prison. Dassey did not testify against Avery. Jury found Dassey guilty. Dassey s confession was used against him at trial. Trial Court had previously denied motions to throw out the confession as being involuntary and in violation of his constitutional rights. Avery s murder conviction is upheld by the Court of Appeals. Wisconsin Court of Appeals rejects Dassey s request for a new trial The Wisconsin Supreme Court denied request to review Dassey s case Habeas Corpus petition filed on behalf of Dassey with Federal Judge William Duffin, Eastern District Wisconsin Netflix releases Making a Murderer Federal Judge ordered Dassey released finding that his confession was involuntary and in violation of his constitutional rights State of Wisconsin appeals Judge Duffin s decision to the 7 th Circuit Court of Appeals 5