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Avery Trial Set to Start

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Avery Trial Set to Start

By Jenn Rourke

MILWAUKEE (AP) -- Twenty-five-year-old Teresa Halbach was killed on Halloween 2005, one of 206 murders in Wisconsin that year in a case that likely would have received scant publicity if not for her last known contact -- Steven Avery. Two years earlier, Avery, who would be charged with the photographer's murder, got out of prison after serving 18 years for a rape that DNA evidence proved he didn't commit. DNA evidence again will play a prominent role -- for the prosecution and defense -- in a six-week murder trial that starts with jury selection Monday in Manitowoc. After a jurors are chosen, the trial will move for testimony to Chilton, about 75 miles north of Milwaukee and 40 miles southwest of where investigators found Halbach's charred remains. The 44-year-old Avery has pleaded not guilty in the case. His attorneys plan to present evidence they say proves he was set up. Avery says two Manitowoc County deputies planted DNA evidence because of a $36 million civil lawsuit he filed against the county for his wrongful conviction. "All of this don't make no sense. I had it made," he told The Associated Press by phone from jail in March 2006, his last published interview. "Everything was falling into place, but it all broke loose, just like my first bit. Now it's all happening all over again." But prosecutors say their case is solid: Avery's DNA was in Halbach's sport utility vehicle, which was found concealed under brush and a car hood at his family's salvage yard. Halbach went to the property to take photos of a minivan the family had for sale. The SUV's key, which also had Avery's DNA on it, was found on the floor in his bedroom. Halbach's bone fragments were found in a burn pit near Avery's trailer. The prosecution also wants prison inmates to testify about how Avery told them he wanted to abduct, rape and kill women, and he showed them diagrams of a torture chamber. The judge has sealed his decision on whether that evidence will be admitted. Four months after Avery was charged with murder, mutilation and being a felon in possession of a firearm, his then 16-year-old nephew Brendan Dassey came forward and said the two of them were in it together, raping and stabbing the 25-year-old as she was shackled to Avery's bed. Further complicating the case, Dassey has since recanted his confession and has been offered plea deals to testify against his uncle. He has yet to agree to one. A judge decided to drop sexual assault and kidnapping charges against Avery on Monday because of the uncertainty of Dassey's testimony. Dassey isn't smart and was coerced into his confession, Avery has said. Also, Avery's defense gained the right to present evidence of an unsecured sample of his blood that his attorneys say supports their claim that he was framed. The jurors will learn that Avery was wrongly convicted of rape. Special Prosecutor Ken Kratz and Avery's attorneys wouldn't comment on the case before the trial. The two sides plan to call more than 200 witnesses -- including DNA experts. Avery's mother, Delores, said she and her husband plan to attend every day of the trial. Halbach's brother, Mike Halbach, said his family has accrued vacation time and put together a plan to work around the trial schedule so someone can always be there. His parents will work on their farm before and after their long days in the courtroom. "In some respects, our personal life and jobs will help us take our mind off everything we go through in the trial," he said. Halbach expects the trial to remind the family of details they'd rather not relive. "It's going to be pretty tough to listen to all of it," he said. "I guess as long as when the verdict is read it's in our favor it will all be worth it." (Copyright 2007 by The Associated Press. All Rights Reserved.)