Story Created:
Jan 2, 2007
Story Updated:
Jan 2, 2007
Avery Attorneys Cry 'Setup'
Jenn Rourke
CHILTON, Wis. (AP) -- A sample of Steven Avery's blood may have been improperly stored, a discovery that could support Avery's claim that evidence was planted in the case that resulted in homicide charges against him, his defense attorneys told a judge Wednesday.
Avery, 44, and his 17-year-old nephew, Brendan Dassey, are awaiting separate trials in the slaying of Teresa Halbach, 25, of St. John in Calumet County. She disappeared in 2005 after being sent to the Avery family's auto salvage yard near Mishicot on a photo shoot. Her charred remains were found later in a burn pit.
Avery defense lawyer Jerome Buting told a judge Wednesday he found a vial of Avery's blood left over from a 1985 case in which Avery convicted of rape. He served 18 years in prison before DNA evidence exonerated him.
Buting said the vial had been stored unsealed, in an unsealed foam container in an unsealed box. The discovery could support Avery's contention that blood spots found in Halbach's vehicle last year were planted by someone who had access to his blood sample, Buting said.
Norman Gahn, an assistant Milwaukee County district attorney and a DNA expert assisting the prosecution, said prosecutors will be able to show the blood was not planted.
"We are confident in our position," Gahn said.
The Associated Press left messages Wednesday afternoon with Buting, Gahn and Calumet County District Attorney Ken Kratz.
Buting and lead defense counsel Dean Strang on Wednesday asked Manitowoc County Judge Patrick Willis to hold the blood as evidence and ensure the vial only be reopened with the defense attorneys present.
Avery's jury trial is scheduled to begin Feb. 5 in Chilton, while Dassey is scheduled to stand trial April 16.
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