The Story of the Key
One item of evidence that will be important in the Steven Avery trial is a key found in his house trailer. The key was found in plain view in Avery’s home after several searches were conducted of the same area. After discovery, deputies used this key in the ignition of Teresa Halbach’s Toyota. DNA was found on the key was characterized as “consistent with” Avery’s.
This evidence was conflicted from the start of the investigation. Who found it; where it was found; when it was found; are all important circumstances.
At the start, the Special Prosecutor, Ken Kratz, in an early attempt to influence the future jury pool, stated the key was “hidden” with the intent of avoiding prosecution. He emphasized that the hiding was a deliberate concealment. The November 2005 criminal complaint against Avery stated that the key was found by Calumet County Deputy Dan Kucharski. Both statements were incorrect.
There was adequate basis for conflict of interest on the part of Manitowoc County officials. The County was responsible for the wrongful imprisonment of Avery. It is apparent that the sheriff was chafing over this development when he loudly proclaimed Avery a killer as if Avery had a history of murdering people. Avery had a multi‑million dollar lawsuit in place against the County. Thus, it was imperative that Manitowoc County officers abstain from searches and other investigations involving the gathering of evidence to implicate Avery.
That did not happen.
The November 2005 complaint against Avery stated that the key was found by Calumet County Deputy Dan Kucharsky on 7 November, 2005. During testimony it was discovered that the key was actually found by three Manitowoc County deputies, including Lt. James Lenk and Sgt. Andy Kolburn. The key was found on 9 November, 2005 after seven thorough searches of Avery’s home. And the key was in plain sight, contrary to Kratz’s allegations.
There were reasons put forth to explain the snafu. Investigators noted that a pair of Avery’s slippers was located on a bookcase shelf, but one of the slippers was on the floor when the key appeared. It must have been hidden in the bookcase or maybe the slippers. The bookcase was taken for examination around 13 December, 2005. There has been no further word on results. We will have to wait see whether the prosecution has anything.
Early in November, the key was analyzed for evidence. By November 14, 2005, Sherry L. Culhane, DNA Analyst with the Wisconsin Department of Justice, Division of Law Enforcement Services, Wisconsin State Crime Laboratory, had provided a preliminary report. Culhane concluded that DNA material found on the Toyota ignition key, matched the DNA profile of Avery. Prosecutor Kratz announced the DNA discovery on 11 November, which was prior to the release of the report.
The DNA evidence was not blood. There was blood near the ignition area of the victim’s Toyota that matched Avery’s profile according to Culhane.
There was no other DNA found on the key. Other than the key, there has been no physical evidence found in Avery’s home that is connected to Halbach.
How much DNA was present? Was there any degradation of the DNA? These questions will hopefully be answered during the trial. I expect the defense will be comparing lab notes with Culhane’s conclusions. Presumably, her notes will also list the lab standard for what constitutes a match on the date of her analysis. And there is the ever present lab error rate of two percent.
And, is it possible that Avery’s DNA was transfered to the key via his slippers? Were his fingerprints also on the key?
Treatment of this potentially useful bit of evidence is amazing. The chain of events has changed from the initial announcement of discovery of the key to the seizure of the bookcase over a month later. Investigators have attempted to explain how they missed the finding the key during six previous searches only to have it miraculously appear during the seventh and the key plopped out of a black hole in front of Manitowoc County’s Lt. Lenk.
by Brian McCorkle
in category Steven Avery
