Steven Avery Sentence

On 1 June, 2007 the sentencing hearing was held for Steven Avery for his conviction of the murder of Teresa Halbach.

As expected, he received life without parole.

The presentence report included material from the Brendan Dassey trial confession. Yet, the prosecutor ended the Avery trial with the claim that only Avery was involved. (But still proceeded to prosecute Dassey as an accomplice. The wonders of law and order.)

Defense attorney Jerome Buting argued for the removal of that material for sentencing consideration and Special Prosecutor Ken Kratz acquiesced.

The presentence report writer also included the dropped charges against avery as matters of fact. The disregard of facts in the report again demonstrates that honesty is not a predominate issue in Wisconsin courts and taxpayers are again ripped off.

Special Prosecutor Ken Kratz launched his ‘poor Steven’ spiel. I often wonder if the exoneration of Avery were a major influence on behavior of police and prosecution. Kratz completely glossed over the victim of 1985. Kratz glossed over the woman who was sexually assaulted in 1985 and then manipulated by sheriff and prosecutor. Or the further victims of Gregory Allen, who got away with rape due to a need by Manitowoc County to justify and reinforce false assumptions.

The presentence report apparently left out comments about Avery made by the double victim of the 1985 case.

Judge Patrick Willis decided that Avery was a danger to the community and should therefore remain in prison forever.

One of Willis’ claims was that Avery lured Halbach which is a stretch. Avery like others before him on that day, gave the billing name and address for the person for whom the work was performed. There is nothing too amazing there.

I am reminded of the “powerful evidence” referred to by the judge in Avery’s 1985 trial that resulted in his false conviction. And, that the Wisconsin Appeals Court claimed the same as powerful. Yet, it was bogus. A small amount of reflection would show that the evidence was not very meaningful. Chance alone could produce the same result. Tis was only for use as confirmation bias.

Avery’s blood in the Halbach vehicle is a strong factor in his involvement. But, even that has an element of doubt. The mystery key was and remains suspicious in my mind. The magic bullet is also a suspicious piece of evidence. But, the jury voted and spoke. That is very seldom ignored by judges.

Judge Willis recounted Avery’s early history to demonstrate his violent nature. Willis neglected to admit that Avery readily confessed to those crimes. And he had been among the community for quite a while before the Halbach incident.

One problem was that Avery had written letters to his children threatening to kill their mother. This occurred early during his wrongful imprisonment. He apparently found nothing wrong with making such threats. There are no known subsequent similar threats. Avery did have a tendency to act out in his earlier years. But, he did not conceal his actions. Unfortunately, he did not recognize that his approach correcting slights and accusations, real or imagined, was one that would cause himself much grief.

Avery did not admit guilt. I know many wanted him to do so. I can’t speak for the actual guilt or innocence of Avery, but I would never plead to crime I did not commit.

So Avery is in prison for the rest of his life unless new evidence emerges. It happens.