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Steven Allan Avery’s story is full of dramatic twists and deep controversies. Born on July 9, 1962, in Wisconsin, Avery’s formative years have not been an extraordinary undertaking.
Avery grew up in a family of auto traders that operated a salvage yard. He spent his childhood in the small town environment of Manitowoc County and Mischicot.
Despite facing challenges academically, where he seemed to have a lower IQ than people his age, Steven’s life took a sharp turn when he was wrongfully convicted of attempted murder and sexual assault.
After he spent 18 years of incarceration for something he didn’t commit, Avery was finally exonerated in 2003 following a DNA testing procedure.
Avery’s release ignited a widespread debate over the need for criminal justice reform, which translated to significant changes in the legislative system at that time.
However, as Steven adjusted to life outside prison bars, he again became entangled in another legal ordeal.
In 2005, Steven Avery was arrested and later convicted for the murder of Teresa Halbach, a Wisconsin photographer. He received a sentence of lifetime incarceration without the possibility of parole.
You might wonder about the details of his sentence or how he pleaded his case. You might also ask what challenges he experienced while in prison.
This article discusses why Steven Avery is in jail and how long he must serve his sentence. This article also explores the Netflix documentary that highlights his legal struggles.
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Who Is Steven Avery?
Steven Allan Avery is a convicted murderer hailing from Wisconsin. He gained notoriety when he was convicted in 1985 and spent 18 years in prison for a crime he didn’t commit.
Avery was finally a free man again following a more advanced DNA testing procedure held in 2003. However, he faced new murder charges in 2005, just two years after he got out of prison.
In 2007, local authorities arrested Avery for the murder of Teresa Halbach, who is a Wisconsin-based photographer. His sentence was life imprisonment without parole.
Fast forward to 2015, the Netflix documentary Making a Murderer sought to explore further details of Avery’s murder trial. The docuseries also discussed the conviction of Steven’s nephew, Brendan Dassey.
Where Is Steven Avery Now?
As of 2023, the convicted murderer, Steven Avery, is serving his life sentence for the murder of Halbach. He is being held in Fox Lake Correctional Institution, a medium-security prison in Wisconsin.
However, before he was in Fox Lake, Avery was initially incarcerated in a maximum security prison.
Avery is still actively appealing his conviction, and his legal team was allowed to respond to the state’s court arguments.
Avery’s lawyers consistently doubted the fairness of their subject’s trial and pointed out alternative suspects for the case.
Brendan Dassey, Steven’s nephew, was also involved in the case and arrested in 2006. Dassey was only 16 years old at that time. First-degree murder, first-degree sexual assault, and mutilation of a corpse in connection with Halbach’s death were the charges against him.
How Tall Is Steven Avery?
As of November 2023, Steven Avery is 61 years old. He stands 6 feet tall (183 cm) and weighs 216 lbs (98 kg).
Avery’s Trial and Conviction
According to a statement by The Milwaukee Journal’s reporter, Dan O’Donnell, the news of Avery’s arrest for the Halbach sexual assault and murder case came as a huge surprise since the public has already regarded Avery as innocent.
O’Donnell also said that Avery was a beloved personality in Wisconsin and that the convicted murderer didn’t seem to feel bitterness about the 18 years he wasted in prison.
Moreover, O’Donnell claimed he received a fair amount of criticism from supporters of Steven Avery after he released a podcast about the case.
Despite Avery’s positive acknowledgment, O’Donnell firmly believes that the evidence presented in the Supreme Court provided a strong case that Avery and his nephew were, in fact, guilty.
First Legal Troubles
In 1981, Avery was convicted of robbing a local bar, which led to his ten months in jail. In the following year, he was put in jail again after he pled guilty to animal cruelty.
Four years later, Avery ran afoul of the law when he forced a car off the road and pointed a gun at Sandra Morris, his cousin.
Avery claimed he wanted his cousin to stop spreading false accusations about him. He received a six-year sentence for the incident but was granted bail afterward.
Avery’s Conviction in 1985 and Later Exoneration
As mentioned, Steven Avery was convicted and initially sentenced to 32 years for rape and attempted murder.
On July 29, 1985, a woman named Penny Beernsten was raped. She gave the police a description of her assailant, and the authorities believed it greatly resembled Steven’s features.
At that time, 16 people testified that Steven was elsewhere during the attack. Despite the testimony, Avery was still convicted of the crime.
In 2001, the Wisconsin Innocence Project became involved, and Avery’s case was granted a court order for DNA evidence testing of a pubic hair sample found on the victim.
In 2003, Steven was ultimately released from incarceration after the DNA samples matched that of Gregory A. Allen, a local man who resembled Avery and was suspected of other crimes in Brown County.
Soon after that, Avery filed a case against the county, sheriff, and district attorney for wrongful conviction. The lawsuit amounted to 36 million dollars.
Murder of Teresa Halbach and Making a Murderer
To gain more insight into the murder of freelance photographer Teresa Halbach, we’ll need to go back to the events of October 31, 2005, when the victim was working as a freelance photographer.
At the time, Halbach looked to photograph a van that Avery’s Auto Salvage yard wanted to list in the “Auto Trade” magazine.
Steven claimed that he had talked to Teresa before she left the Avery property. However, this was the last time Halbach would be seen alive.
On November 3, 2005, a missing persons report was filed for Teresa Halbach. Her car was found at the Avery family’s salvage yard two days later.
Over the next few weeks, Halbach’s car keys are discovered inside Steven Avery’s house. Additionally, blood, later determined to belong to Avery, was found in Teresa’s RAV4.
Human bones were also recovered from a burn pit near Steven’s house. The bones were later found to belong to Halbach.
In a surprising turn of events, Brendan Dassey, Avery’s nephew, told police detectives that he and his uncle had raped and killed Halbach before burning her remains.
Dassey was interviewed without the presence of a parent or any legal representative. Later on, the boy recanted his confession and said it was coerced.
Brendan Dassey was eventually charged, although physical evidence against him wasn’t found then.
Fast forward to a more recent timeframe, Avery and Dassey drew international attention with the 2015 airing of a Netflix true crime documentary entitled Making a Murderer. The documentary Netflix series tackled the details of the Avery case and became an instant hit on television.
Where Does Avery’s Appeal Stand?
Throughout his sentence, Avery filed numerous motions and appeals for post-conviction relief. All of which have been unsuccessful, though.
His most recent motion, filed in August 2022, argues that another person could have killed Teresa Halbach on that day.
Avery’s attorney, Kathleen Zellner, gave the name of the alternate suspect and argued that the suspect had framed Steven by leaving the key to Teresa’s vehicle at Avery’s residence.
Avery requested an evidentiary hearing for that motion.
Where Does Dassey’s Appeal Stand? Was He Released From Prison?
As of 2023, Dassey, who is 34 years old, has no ongoing appeals.
In 2016, however, a federal judge gave the convicted rapist hope for release. Still, upon further scrutiny by the United States Court of Appeals for the Seventh Circuit Court, Dassey’s conviction was ultimately upheld.
Dassey is currently being held at Oshkosh Correctional Institution.
What Prison Life Is Like for Avery
Sandy Greenman, Avery’s former partner, said in an interview that Steven had never faced discipline while he was in prison. Greenman also mentioned that she and Avery talked on the phone almost daily. However, COVID restrictions have halted their in-person meetings.
Back when Avery was still being held at the Waupun Correctional Institution, he was reportedly not permitted to leave his cell even when eating. According to a statement by Greenman, Avery only leaves his cell when taking a shower.
What Is the Latest on the Steven Avery Case? What Are His Next Steps?
According to the Green Bay Press-Gazette, in 2022, Steven Avery filed an appeal that alleges another individual is at fault for the Halbach rape and murder case.
Appeals attorney Kathleen Zellner, who appeared in Season 2 of Making a Murderer, made an argument about the alternative suspect planting a key to Halbach’s SUV to put Avery in a bad light.
The prosecution, however, believed that Steven Avery should not be granted another hearing. Assistant Attorney General Lisa Kumfer noted that the alternative suspect did not have a possible motive for the case.
On January 2023, Kathleen Zellner said on her social media platform that they would continue knocking on the doors of justice until somebody answers.
In May, Kathleen Zellner filed a supplement to her motion, claiming that she has a new witness for the case. However, hearings have yet to be scheduled in that regard.
Steven Avery’s Attorney Says She Has Yet Another Witness to Prove Avery’s Innocence
Steven Avery’s attorney, Kathleen Zellner, asserts that she has a witness to support her theory that someone else is responsible for Halbach’s death.
In Avery’s most recent post-conviction motion, Zellner blames another trial witness. The attorney seeks an appeals court hearing to present testimony from an eyewitness who allegedly saw the alternative suspect with Halbach’s vehicle.
Steven Avery’s Attorney Says New and Compelling Evidence Warrants New Trial
Kathleen Zellner pushed for a hearing based on testimony from two new witnesses. She argued that these witnesses would provide new evidence that could connect a third-party entity to Halbach’s murder and Avery’s frame-up.
According to Zellner, Bobby Dassey, another one of Steven’s nephews, allegedly killed and mutilated Halbach and then planted the evidence, which included Steven’s blood and DNA, in the vehicle.
Zellner also suggests that the motive was a sexual homicide because the suspect has a history of viewing violent pornography.
Judge Turns Down Steven Avery’s Latest Request for a New Trial
Avery’s motion focused on allegations that there was an alternate suspect for Halbach’s murder. His attorney requested a hearing while prosecutors continued to oppose the motions.
Judge Angela Sutkiewicz recounts the rulings in the case before Avery’s motion. She also reviewed the statutory requirements for blaming other suspects. Ultimately, the judge decided that Avery did not meet the thresholds.
First and foremost, Avery failed the test to determine whether the other suspect had a motive.
Furthermore, while there is no evidence to support the claim, the judge also noted Dassey’s confession about their involvement in the case.
The judge also denied a broad request for a new trial and stated that her conclusions were reached concerning the evidence.
A New Steven Avery Series on Netflix
A new documentary series, Convicting a Murderer, centered on Avery’s case, debuted on the streaming service DailyWire+ in September.
As reported by WLUK-TV, this series is a counter-narrative to Making a Murderer, featuring interviews with law enforcement officers, family members, and enthusiasts of the Netflix docuseries who have conducted their investigations into the case.
Will There Be a Third Season of Making a Murderer?
As of 2023, there have been no official statements about a third season of Making a Murderer. The show’s second season focused on attorney Zellner’s post-conviction endeavors until mid-2018.
References
- Making a Murderer on Netflix: Where is Steven Avery now? – Yahoo
https://www.yahoo.com/amphtml/entertainment/making-murderer-netflix-where-steven-212234513.html - Making a Murderer: Steven Avery, Brendan Dassey case status today
https://www.postcrescent.com/story/news/crime/2023/04/10/making-a-murderer-steven-avery-brendan-dassey-case-status-2023/70011599007/ - Judge turns down Steven Avery’s latest request for a new trial
https://fox11online.com/amp/news/crime/steven-avery-teresa-halbach-making-a-murderer-case-manitowoc-county-brendan-dassey-new-trial-motion-judge-angela-sutkiewicz - Steven Avery’s attorney says she has yet another witness
https://fox11online.com/amp/news/crime/steven-avery-attorney-kathleen-zellner-witness-innocence-brendan-dassey-netflix-making-murder-appeal-brown-county-teresa-halbach-plant-evidence-angela-sutkiewicz - Steven Avery | Biography, Convictions, Appeal, & Facts
https://www.britannica.com/biography/Steven-Avery - Where is Steven Avery Now? Is He Still in Jail? – News
https://www.fresherslive.com/latest/articles/where-is-steven-avery-now-is-steven-avery-still-in-jail-1000020650