Tag Archives: Manitowoc County

‘Making a Murderer’ attorney asks state for evidence to exonerate Avery

The attorney for a Wisconsin inmate featured in the hit Netflix series Making a Murderer filed a motion Friday seeking permission to perform extensive testing on evidence she believes will show that Steven Avery is innocent.

Steven Avery was convicted in 2007 and sentenced to life in prison in the death of 25-year-old photographer Teresa Halbach, who disappeared after a visit to the Avery family’s Manitowoc County salvage yard in 2005. Avery has argued he was framed.

His attorney, Kathleen Zellner, told reporters awaiting her filing outside the Manitowoc County courthouse that she wants to date blood and DNA found at the scene to see if it was planted. She promised the results will show that Avery isn’t guilty and that someone else killed Halbach.

Her motion notes that forensic science has advanced dramatically since Avery was convicted. It asks for testing and re-testing on an extensive list of evidence, including Halbach’s vehicle key, which was found in Avery’s room with his DNA on it; Avery’s blood found in the vehicle; and a pair of women’s underwear found in the yard to see if they belonged to Halbach and contain male DNA.

“The most reassuring thing is that we are going to get to the bottom of who killed Teresa Halbach,” Zellner said. “And we firmly believe that we will establish it was not Steven Avery.”

The Wisconsin Department of Justice is handling post-conviction activity in Avery’s case on behalf of county prosecutors.

Avery, now 54, was charged in November 2005 with sexually assaulting and killing Halbach, who disappeared that Halloween after traveling to the salvage yard to shoot photos for a car magazine. Investigators found her charred remains in a burn pit in the yard.

Avery and his then 16-year-old nephew, Brendan Dassey, lived on the property. A jury in 2007 convicted Avery of being a party to first-degree intentional homicide and a judge sentenced him to life in prison.

Later that year, a separate jury convicted Dassey of being party to first-degree intentional homicide, mutilating a corpse and sexual assault. He, too, was sentenced to life.

The case fascinated the public. Two years before Halbach’s death, Avery had been released from prison after spending 18 years behind bars for rape that a DNA test later showed he didn’t commit.

Avery contended police framed him for Halbach’s death because the rape exoneration embarrassed them and he had a $36 million wrongful conviction lawsuit pending against Manitowoc County. That lawsuit collapsed when he was arrested in Halbach’s death.

He has alleged that investigators planted blood taken from him during the rape case and planted Halbach’s DNA at the scene.

He argued in an appeal that he should have been allowed to blame others for Halbach’s death, that police illegally searched his trailer and that a judge improperly replaced a juror during deliberations. A state appeals court rejected those arguments in 2011.

Avery and Dassey burst back into the public consciousness late last year after Netflix aired Making a Murderer. The series raised questions about investigators’ integrity in the Halbach case. Prosecutors insisted the show was one-sided but it still created a national groundswell of support for Avery and Dassey.

A federal magistrate judge overturned Dassey’s conviction this month, ruling investigators coerced him into confessing. The state Justice Department has 90 days to appeal or decide whether to retry him. If the agency chooses to do nothing, he will go free.

See also Netflix series shines spotlight on Steve Avery murder case

Judge tosses out nephew’s conviction in ‘Making a Murderer’ case

Netflix’s hit documentary ‘Making a Murderer’ raises questions about — and wrath toward — Wisconsin prosecutors

The 10-part Netflix documentary series Making a Murderer, which casts doubt on the legal process in the case of convicted killers Steven Avery and his then-teenage nephew Brendan Dassey, has prompted celebrities to armchair sleuths to flood online message boards and Twitter feeds.

Authorities involved with the Wisconsin case are saying the series is slanted and omits crucial facts that led to Avery and Dassey being found guilty in the death of photographer Teresa Halbach.

The filmmakers, meanwhile, are standing by their work that spans nearly a decade and largely concentrates on the defense and perspective of Avery and Dassey’s relatives.

The rush of attention has left many wondering: How did we get here? And what’s next?

Q: SO WHAT’S THE BIG DEAL?

A: Avery made national headlines in 2003 when he was released after spending nearly two decades behind bars after being wrongfully convicted of rape. Two years later, Avery and Dassey were charged with killing Halbach, who visited the Avery family salvage yard to take photos of a minivan on Halloween. Her bones and belongings were found burned near Avery’s trailer. Both were convicted and sentenced to life terms, but only Dassey is eligible for parole — in 2048.

Q: WHY HAS THE DOCUMENTARY BEEN SO POPULAR?

A: Its release was impeccably timed. It was released before Christmas, while much of the nation was on holiday break and had time to delve into a 10-hour series. Also, it comes on the heels of the popular podcast Serial, which lays out a complex legal case and has generated intense social media participation.

Q: WHAT EXACTLY IS IN THE DOCUMENTARY?

A: The documentary strongly suggests the possibility that Manitowoc County sheriff’s deputies planted evidence against Avery, including a key found in his bedroom and blood found in the victim’s vehicle. But Sheriff Robert Hermann denied that Tuesday. “They did not plant evidence,” Hermann said. “I trust them 100 percent. Quite frankly, I think justice was served in this case.” He said he watched the series, and added: “I call it a film. It’s missing a lot of important pieces of evidence.”

Q: WHY DO AUTHORITES SAY IT’S BIASED?

A: The series spends much of its time detailing the perspective of Avery and Dassey family members. The case’s special prosecutor, Ken Kratz, refused to comment to The Associated Press, but he has told other media outlets that the documentary ignores the majority of the physical evidence. The omissions include the fact that Avery’s DNA was found on the hood latch on Halbach’s SUV, which was hidden on the salvage lot. Kratz has also said a bullet fired from Avery’s gun was found in his garage with Halbach’s DNA on it.

Q: WHAT DO THE FILMMAKERS SAY?

A: Laura Ricciardi and Moira Demos have stood by their work. They said in an email to the AP through Netflix representatives that critics who might say they intentionally omitted or underplayed key evidence to make the series more entertaining or tragic are wrong. “Those accusations are untrue and unfounded,” the statement said.

Q: THERE’S AN ONLINE PETITION SEEKING A PARDON — COULD IT WORK?

A: It seems unlikely for a lot of reasons. For one thing, the request posted on Change.org started by petitioning President Barack Obama, who has no such authority in this type of case, since it’s not a federal matter. The petition recently was rewritten to include Wisconsin Gov. Scott Walker and remove the word “presidential” from the text of the appeal. Walker spokeswoman Laurel Patrick said Tuesday in an email to the AP that the governor hasn’t watched the series and that “early in his administration, Gov. Walker made the decision not to issue pardons. Those who feel they have been wrongly convicted can seek to have their convictions overturned by a higher court.”

Q: WHAT ABOUT THE VICTIMS?

A: Halbach’s brother Mike Halbach has declined comment since releasing a statement from the family before the documentary became public. “Having just passed the 10-year anniversary of the death of our daughter and sister, Teresa, we are saddened to learn that individuals and corporations continue to create entertainment and to seek profit from our loss,” the statement read. “We continue to hope that the story of Teresa’s life brings goodness to the world.”

The victim from the 1985 rape case has declined comment.

Q: WHAT HAS THE REACTION BEEN LIKE?

A: It’s been all over the map. Celebrities have tweeted about how into the series they are, late night talk show host Seth Meyers spoofed it and fake Twitter accounts have been set up for some of the main players in the case. However, Sheriff Hermann said some of his officers have received threats in emails and voicemails. He said one was from a convicted felon who said an officer should “take his own life, or else he’d come up there and take it for him.” Hermann said Tuesday that threat was passed along to Florida authorities to investigate.

See also: Wisconsin-set ‘Making a Murderer,’ from Netflix, tops winter streaming recommendations