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CHILTON, Wis. - Opening statements are now finished in the high profile murder case against Steven Avery and the first three witnesses testified. Avery is accused of killing Teresa Halbach at his family's Manitowoc County junkyard on Oct. 31, 2005. Avery's defense attorneys focused on their theory that the Manitowoc County Sheriff's Department framed Steven Avery. The prosecution presented a case of physical evidence and scientific testing that they hope will convince a jury of Avery's guilt.
Monday afternoon's testimony was meant to give jurors a better understanding of Teresa Halbach's personality. Teresa's younger brother, Mike Halbach, testified about how much he misses his sister. Halbach wore blue to the proceedings because his family wore blue bracelets during the search for Halbach before investigators found her remains.
Jurors also heard testimony from Tom Pearce, a co-worker of Teresa Halbach. He is a photographer and Teresa first interned under him; and then later opened her own photography business by working out of his studio. He talked of her hard work and great attitude.
David Beach, Halbach's cousin, also testified for a short time about his role in helping search for Teresa before her remains were discovered.
During opening statements, Steven Avery's defense attorney, Dean Strang, painted a picture of Avery's innocence. He told jurors that the Manitowoc County Sheriff's Department focused too much on Avery at the beginning of the investigation and called their technique "tunnel vision."
"The police didn't kill Teresa Halbach - they have that in common with Steven Avery. But they wanted to believe he did," said Strang.
Strang said he believes the Manitowoc County Sheriff's Department wanted to frame Avery because he was suing the county for his 1985 wrongful conviction. Avery's federal lawsuit claimed as much as $36 million in damages. After Avery was charged with murder, he settled the lawsuit in 2006 for $400,000.
Attorney Strang indicated that on the day prosecutors believe Halbach was killed, Avery watched Halbach leave his land after taking pictures for Auto Trader Magazine. Strang said Avery spoke with his fiancé, Jodi Stachowski, that afternoon. Stachowski was in jail for drunk driving at the time. In the conversation, Strang said Avery and Stachowski had a normal conversation. Strang said that the conversations were recorded and claims that Steven Avery's voice does not sound like someone who was just involved in a murder.
Stachowski is listed as a possible witness and may testify in the case.
Strang also told jurors that charred bone fragments were found in other locations besides the burn pit near Avery's trailer. He concluded that bone fragments were moved. Strang said he believes it is most likely that Halbach's body was burned elsewhere and that the bone fragments were planted.
Strang also criticized two Manitowoc County Sheriff's Department personnel for being too involved with the investigation because of the lawsuit. He played recordings of 2-way radio traffic between Sheriff's Department personnel showing that they wondered if Avery had been arrested within half an hour of Halbach's car being found at the junkyard.
Earlier in the day Monday, Calumet County District Attorney Ken Kratz told jurors of a "very, very serious crime" and warned jurors that they will see "graphic" evidence. He showed jurors photos of Avery, Halbach, and the Avery Auto Salvage yard.
Kratz recounted the search for Halbach in early November of 2005. Halbach was at the Avery junkyard to take pictures of a vehicle Avery wanted to sell for Auto Trader Magazine. Kratz emphasized that early in the search, investigators were looking for Halbach but unsure whether they would find her alive or dead.
He told jurors the way the case came together as investigators found clues. He showed pictures of the junkyard and told jurors that each junked car on the property was individually searched. Kratz talked about how searchers located Halbach's car hidden on the junkyard grounds.
Jurors saw a photograph of the hidden SUV and were told that blood from both Avery and Halbach was found on it. Kratz talked for several minutes about the specific details of where Avery's blood was found in Halbach's car. He indicated that the state crime lab found Avery's DNA both inside and outside of the vehicle, including on the hood latch of the SUV.
He explained how investigators determined that the Avery junkyard was Halbach's final appointment on Oct. 31, 2005 - the day prosecutors say she was murdered. Jurors also saw a photograph of a burn barrel and burn pit near Avery's trailer where prosecutors allege her body was burned.
Jurors heard specific information about the charred bone fragments found in the burn pit. Kratz described how investigators used DNA testing and dental records to identify the remains. He also talked about the ways investigators were able to determine that Halbach was shot in the head twice before her body was burned.
Kratz seemed to work to thwart Avery's claims that he is being set up by explaining what "reasonable doubt" should mean to jurors. Avery's attorneys have raised questions about whether someone planted evidence to frame Avery. Kratz emphasized that "beyond a reasonable doubt" does not mean "no doubt" - a move that could convince jurors that they could have some doubt and still return a guilty verdict.
Avery is well-known in Wisconsin because he was released from prison in 2003 after DNA testing proved he was wrongfully convicted in a 1985 sexual assault case.
Check back here for updates throughout the day from TODAY'S TMJ4 reporter Mick Trevey, live in Chilton.
