Victim's video marks sentencing as Avery gets life with no parole

June 3, 2007

 

Judge Patrick L. Willis delivers his sentence to Steven Avery at the Manitowoc County Courthouse in Manitowoc, Wis. In March, Avery, 44, of Mishicot, was convicted of first-degree intentional homicide and possession of a firearm by a convicted felon in the 2005 slaying of 25-year-old Teresa Halbach. He was sentenced to life in prison without parole for first degree intentional homicide and five years in prison for possession of a fire arm by a felon.


MANITOWOC - Teresa Halbach made a video diary three years before she died - never imagining her words and easy smile would be considered Friday by the judge deciding whether the man convicted of her murder should go away for life.

"Let's say I died tomorrow," Halbach, a photographer, said into the camera. "I don't think I will. I think I have a lot more to do. ... I just want people I love to know that whenever I die, that I was happy. That I'm happy with what I did with my life."

Steven Avery, 44, was sentenced Friday to life in prison with no chance for parole.

Avery was convicted in March of killing the 25-year-old Halbach on Halloween 2005 near his family's rural auto salvage lot. He also was convicted of being a felon in possession of a firearm and sentenced to 10 years on that charge.

Manitowoc County Circuit Judge Patrick Willis reviewed Avery's history of convictions for burglaries, threatening a woman with a gun and dousing a cat with gasoline before throwing it in a bonfire, before sentencing him. The offenses escalated over time, Willis said, and the latest one - Halbach's murder - was a "calculated" case of premeditated murder.

"You are probably the most dangerous individual ever to set foot in this courtroom," Willis said Friday. "From what I see nothing in your life suggests that society would ever be safe from your behavior."

Avery spent 18 years in prison for rape before he was freed in 2003 after DNA samples proved another man committed that crime.

His attorneys argued during his five-week trial that Avery was set up by the sheriff's department that wrongly put him away, in retaliation for a civil lawsuit he filed against it. Avery has maintained his innocence and in April told The Associated Press he was confident he would be exonerated for a second time, as long as he kept his private lawyers.

He spoke briefly Friday, saying he feels sorry for Halbach's family and their friends - as well as his family and himself.

"It's hurting everybody," he said.

But he said once again that he would eventually prove his innocence.

"Teresa Halbach, I didn't kill. I am innocent for all of this," he said. "I figured later on I will prove myself innocent."

His lawyers, Dean Strang and Jerome Buting, lost a motion for a new trial last month but said they plan to consider other avenues to exonerate Avery, including other motions and an appeal. Strang said Friday he wasn't sure if he and Buting would stay on the case or if Avery would have new lawyers.

Four months after Avery was arrested, authorities charged his 17-year-old nephew, Brendan Dassey, after he said the pair raped and killed Halbach and then burned her body. He later recanted his statement but was convicted in April of first-degree intentional homicide, second-degree sexual assault and mutilation of a corpse. His sentencing is Aug. 2.

Strang asked the judge to grant Avery the chance at parole "to preserve the prospects of progress" for him.

But five of Halbach's relatives urged the judge not to grant any possibility of parole.

Halbach's younger brother. Mike Halbach, who has been stoic as family spokesman, broke down when he read his statement. He said he didn't choose this heartbreak.

"Steven Avery chose my sister Teresa," he said. "He thought only of himself. He chose to end her life, he chose to redeem his sins inside himself and point blame to everyone else."

Halbach's family sobbed Friday as prosecutors played Halbach's video. Mike Halbach later said the family found it after she died.

In the video, she also said if she dies early she wished she could have been a mother.

"Because that's the one thing I've always known that I want to be - a mom. But there's a reason for everything. And I will be a good mom one day. I will."

"As long as I'm happy," she says with a smile.

She said she loved hugs, her family, God, making people laugh, traveling, people giving her compliments and music groups the Beatles and No Doubt.

"I love knowing that I like who I am," she said. "I love taking pictures. I love holding a camera in my hand. I love kids. I love babies.

"I don't hate anyone. I love a lot of people. I feel loved."

There was no show of emotion from the Halbachs or Avery when the judge read his decision.

Mike Halbach said later that he was relieved.

"He got what he deserved," Halbach said. "He murdered my sister. There's no doubt about that. He should pay for it. I hope we never hear from Steven Avery again."

Strang said he was sorry Avery would have no chance at parole.

"It's a slow death," he said.

Strang said he did not know what happened the day Halbach was murdered, but he believes in Avery.

"There's more good in this man than there is bad," he said.

 

Timeline in the Steven Avery murder case

2005

Oct. 31 - Teresa Halbach, 25, of St. John in Calumet County, a photographer for Auto Trader Magazine goes to Avery's Auto Salvage near Mishicot, a rural area in Manitowoc County 90 miles north of Milwaukee.

The salvage yard is run by the family of Steven Avery, 44, who was freed from prison in 2003 after DNA evidence cleared him of a 1985 rape for which he served 18 years. Avery has said Halbach took pictures of a minivan he had for sale and left.

Nov. 3 - Halbach's family reports her missing, and authorities launch an investigation.

Nov. 5 - Volunteer searchers find Halbach's vehicle under brush and auto parts in the Avery salvage yard.

Nov. 8 - Avery tells reporters he fears authorities are trying to frame him because he sued Manitowoc County officials for $36 million for his wrongful conviction.

Nov. 9 - Avery is arrested and, based past convictions for burglary and other crimes, charged with possessing firearms as a felon. Authorities say they found two guns in his trailer home.

Nov. 15 - Steven Avery is charged with first-degree intentional homicide and mutilating a corpse. He is ordered held on $500,000 bail.

2006

Feb. 14 - Authorities announce Avery has settled his lawsuit against Manitowoc County officials for $400,000.

Feb. 15 - The Halbach family files a wrongful death suit against Avery.

March 2 - Avery's nephew Brendan Dassey, then 16, is charged in adult court with being a party to first-degree intentional homicide, mutilation of a corpse and first-degree sexual assault.

A criminal complaint quotes Dassey as saying that when he went to Avery's trailer after school on Oct. 31, he heard a woman call "Help me." He says he found Halbach shackled on Avery's bed and the two raped and killed her.

March 24 - The Halbachs add Dassey to their wrongful death suit.

March 31 - Avery tells The Associated Press that he thinks investigators coerced Dassey into a confession because Dassey is not very smart.

Aug. 22 - A judge moves Avery's trial from Manitowoc County to Calumet County but says jurors will be chosen in Manitowoc County.

Sept. 1 - A judge schedules Dassey's trial for April 16 in Manitowoc County.

Sept. 25 - A judge says Avery's past crimes cannot be used as evidence when he goes on trial. Court records and police say Avery's criminal history includes burglary, animal abuse and the attempted abduction of a Mishicot woman in 1984.

2007

Jan. 29 - A judge dismisses sexual assault and kidnapping charges against Avery because of the uncertainty of Dassey's testimony.

Jan. 30 - A judge allows as evidence an unsecured sample of Avery's blood, which his attorneys say supports their claim that he was framed. The judge also says defense attorneys can tell jurors that Avery was wrongly convicted of rape.

Feb. 9 - Attorneys picked eight women and eight men from Manitowoc County to serve as Avery's jury.

Feb. 12 - The trial begins with attorneys giving their opening statements.

March 12 - After the prosecution and defense rest, the judge dismisses a false-imprisonment charge, saying he didn't think the jury had enough evidence to find Avery guilty. He refuses to dismiss the remaining charges of murder, mutilating a corpse and being a felon in possession of a firearm.

March 15 - Following closing arguments by both sides, the jury deliberates about 4 1/2 hours before retiring for the night.

March 16 - The judge dismisses a male juror because of a family emergency and replaces him with a female alternate, who had also been sequestered. The judge orders the jury to start deliberations anew.

March 18 - After deliberating for nearly 22 hours over three days, jurors convict Avery of the charges of first-degree intentional homicide and being a felon in possession of a firearm. Avery is acquitted of the charge of mutilating a corpse.

 


Associated Press


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