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Steven Avery & Brendan Dassey— Case Archive
personpersonSteven A. AverySteven A. AveryDefendant convicted of Teresa Halbach's murder; his nephew Brendan Dassey was tried separately.← All People
DefendantDefense

Steven A. Avery

Defendant convicted of Teresa Halbach's murder; his nephew Brendan Dassey was tried separately.

AppearedSteven Avery
MentionedBrendan Dassey
26 lines·142 proceedings·141 mentions·2 trials

About

Steven A. Avery was tried in 2007 for Teresa Halbach's death after her Auto Trader visit to the Avery property. The State alleged that he killed her there and relied on physical evidence associated with the property and her RAV4; his lawyers argued that she left and that investigative bias and planted or mishandled evidence undermined the State's account. One disputed issue was whether RAV4 bloodstains came from Avery's preserved blood tube: a prosecution expert said EDTA was detected in the tube but not in three tested vehicle stains, while a defense expert questioned whether those non-detections excluded the tube as a source. Avery chose not to testify. The jury found him guilty of first-degree intentional homicide and firearm possession, but not guilty of mutilating a corpse.

In Brendan Dassey's trial, prosecutors alleged that Dassey acted with his uncle Avery in crimes against Halbach. The defense described Dassey spending time with Avery at a bonfire and cleaning a garage spill, while disputing Dassey's involvement in the charged acts. Searches of Avery's trailer, garage, and burn area figured in the evidence, and prosecutors argued that DNA on the RAV4 hood latch supported Dassey's account of Avery opening the hood.

Trial Record (142)

AverySteven AveryFeb 12, 2007 – Mar 18, 2007

In his 2007 trial for Teresa Halbach's death, Steven A. Avery faced a physical-evidence case that his lawyers challenged with allegations of investigative bias and planted or mishandled evidence. He chose not to testify; the jury found him guilty of first-degree intentional homicide and firearm possession, but not guilty of mutilating a corpse.

Day 1

ProceduralFelony-Status Stipulation and Jury-Trial Waiver2highlightsMentioned8lines spoken

Summary

Avery waived jury trial on the felony-conviction element of the firearm charge, and the court accepted his stipulation after a rights colloquy.

Mentioned in this proceeding.

Highlights (2)

procedural actionThe judge questioned Avery about his right to require jury proof of the felony-conviction element, his discussions with counsel, and whether promises or threats influenced his decision. Avery affirmed that he wished to waive jury trial on that element.Open in transcript →
Quote“Very well, the Court does find that the defendant has knowingly and voluntarily waived his right to a jury trial on the second element of the felon in possession of a firearm charge and the Court will accept the defendant's stipulation on that element.”— Patrick L. WillisThe court's finding and acceptance of the stipulation were limited to one element of the firearm charge.Open in transcript →
OpeningState’s Opening StatementKenneth R. Kratz2highlightsMentioned1line spoken

Summary

Kratz previewed the State's theory of Halbach's death and the vehicle, DNA, remains, firearm, and witness evidence it expected to present.

Mentioned in this proceeding.

Highlights (2)

otherKratz outlined the State's allegation that Avery restrained, killed, and mutilated Teresa Halbach after her October 31 photography appointment.Open in transcript →
Quote“On Monday, October 31st, 2005, beginning at approximately 2:45 p.m., the State intends to prove to you that the defendant restrained, murdered, and mutilated a 25 year old photographer named Teresa Halbach.”— Kenneth R. KratzKratz stated the State's central allegation as expected proof, not established fact.Open in transcript →

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Day 16

DirectMarc LeBeau — DirectMarc LeBeauNorman A. Gahn1highlightMentioned

Summary

Marc LeBeau testified that FBI testing found EDTA in Steven Avery's purple-topped blood tube but not in three bloodstain swabs from Teresa Halbach's RAV4. He opined that the tested stains did not come from that tube.

Mentioned in this proceeding.

Highlights (1)

testimony highlightLeBeau identified three RAV4 swabs reported collected near the ignition, from a door-panel area, and from a CD case. He testified that the tube of Avery's blood tested positive for EDTA, while the three swabs did not.Open in transcript →

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DirectJanine Arvizu — DirectJanine ArvizuJerome F. Buting1highlightMentioned

Summary

Defense expert Janine Arvizu testified that the FBI’s EDTA non-detections did not rule out EDTA in the tested RAV4 bloodstains, citing an unestablished method detection limit and a two-microliter sample called not detected.

Mentioned in this proceeding.

Highlights (1)

testimony highlightReviewing the instrument data, Arvizu contrasted an EDTA-positive one-microliter spot with a two-microliter sample from Mr. Avery’s blood tube that the laboratory called not detected.Open in transcript →

Day 21

ProceduralDefense evidence decision and right-to-testify colloquy1highlightMentioned10lines spoken

Summary

The defense planned to rest, and Avery chose not to testify; the court found his decision knowing and voluntary.

Mentioned in this proceeding.

Highlights (1)

Quote“My decision is, I'm an innocent man and there's no reason for me to testify. Everybody knows I'm innocent.”— Steven A. AveryAvery stated his decision in his own words during the court's right-to-testify inquiry.Open in transcript →

Day 22

Charge ConferenceFormal Jury Instruction Conference1highlightMentioned

Summary

The court approved a defense-theory instruction, denied separate exhibit-weight and spoliation instructions, and agreed to add prior-statement language to the jury instructions.

Mentioned in this proceeding.

Highlights (1)

rulingAfter the State raised Avery's admitted out-of-court statements, the court proposed parallel language for the defendant-statement instruction. Both sides accepted it, and the court specified that it referred only to statements admitted at trial, not Avery's failure to give other statements.Open in transcript →

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ProceduralExcused juror and stipulation to substitute the alternate1highlightMentioned5lines spoken

Summary

A juror was excused for a family emergency, and the parties agreed to substitute the alternate and begin deliberations anew under a court instruction.

Mentioned in this proceeding.

Highlights (1)

rulingAfter questioning Avery about his agreement, the court finds his consent knowing and voluntary and accepts the joint stipulation to recall the alternate and begin deliberations anew under a court instruction.Open in transcript →

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VerdictJury verdicts and juror polling

Summary

The jury found Avery guilty of first-degree intentional homicide and firearm possession, and not guilty of mutilating a corpse; each juror affirmed the verdicts when polled.

DasseyBrendan DasseyApr 16, 2007 – Apr 25, 2007

In Brendan Dassey's 2007 trial, prosecutors alleged that Dassey acted with his uncle Steven A. Avery in the crimes against Teresa Halbach. The defense disputed Dassey's involvement while acknowledging time he spent with Avery at a bonfire and in the garage.

Day 1

OpeningState's Opening StatementKenneth R. Kratz1highlightMentioned

Summary

Kratz outlined the State's theory that Dassey helped Avery assault and kill Halbach, then previewed Dassey's recorded statement and evidence the State said would corroborate it.

Mentioned in this proceeding.

Highlights (1)

otherKratz framed the State's case under party-to-a-crime liability, arguing that the expected evidence would show Dassey assisted Avery or stood ready and willing to assist him.Open in transcript →
OpeningDefense Opening StatementMark R. Fremgen1highlightMentioned

Summary

Fremgen previewed an alternative account of Dassey's Halloween evening and challenged the expected physical evidence and reliability of his recorded statements.

Mentioned in this proceeding.

Highlights (1)

otherFremgen previewed the defense account of Brendan Dassey's October 31 activities, including time at home, a bonfire with Steven Avery, and cleaning a spill in Avery's garage.Open in transcript →

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DirectRobert H. Gordon — DirectRobert H. GordonMark R. FremgenMentioned

Summary

Robert H. Gordon testified that his testing and review of interview materials led him to conclude Brendan Dassey was highly suggestible when questioned with leading questions or mild pressure. The examination also addressed disputed IQ-chart labeling and records Gordon reviewed after writing his report.

Mentioned in this proceeding.

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