Steven Avery is at the mercy of the Wisconsin court once again. Avery must defend himself against a county that has the belief of him being guilty for simply being an Avery. This is not the first time Manitowoc county assumed Avery's guilt before a trial occurs. Avery was brought before the Court on March 10, 1986, for the sexual assault, attempted murder and false imprisonment of Penny Beerntsen. Avery was sentenced to thirty-two years in prison by Judge Fred Hazelwood. Avery kept proclaiming his innocence during his appeals. In 2001, the Wisconsin Innocence Project agreed to review Avery's case. The Wisconsin Innocence Project requested permission to conduct advanced DNA testing from the Wisconsin court of Appeals. On September 10, 2003, …show more content…
The police, upon hearing that Halbach's vehicle was found on the Avery property, wanted to find Avery guilty for Halbach's disappearance. On a police recorded phone call placed on November 5, 2005, one hour after the Rav4 was discovered, Detective Jacobs of the Manitowoc County Sherriff's Department inquiries whether Avery was already in custody or not. Three days later, Avery's blood is found inside the Rav4. Steven Avery is arrested for possession of firearms. After waiving his Miranda Rights, a nurse takes a swab of his saliva for DNA testing. Avery is charged with: (1) 1st Degree Intentional Homicide, (2) Mutilation of a Corpse, (3) Felon in Possession of a Firearm, and (4) False Imprisonment. Id.,(Ex. F.) Steven Avery pleads innocent to the murder and mutilation of Teresa Halbach on January 16, 2006. Judge Willis had Avery's trial moved to Calumet County and forbade the further involvement of Manitowoc County's police department. Along with Avery's blood, Detective Culhane's scene report indicated that Halbach's blood was also located in the Rav4. While pursuing the planted evidence defense a possibly tampered with blood vial was discovered in police custody. During the pre-trial hearing, Judge Willis denies the State's motion to exclude the blood vial evidence gathered from police custody. As a result, the State asks the judge to allow the FBI to develop a chemical test