Two Avery Charges Dismissed!

Today (29 Jan, 2007) an amazing event took place. The prosecution in the Halbach murder case dismissed two of its charges against Steven Avery.

The charges of sexual assault and kidnapping were withdrawn after defense attorneys, Dean Strang and Jerome Buting, presented a motion to drop the charges and inform the jury of the shenanigans of the prosecution team. The basis was that Special Prosecutor Ken Kratz had missed the deadline for listing Avery’s nephew, Brendan Dassey, as a prosecution witness.

The prosecution was faced with an embarrassment and asked that the charges be withdrawn. Kratz claims he may still call Dassey as a witness

As Strang pointed out in his motion, there was no evidence to corroborate the Dassey confession despite Kenneth Kratz’s televised detailed and brutal listing of the supposed sequence of events leading to Halbach’s death. This confession was extracted by investigators from the special education student in March, 2006.

Kratz has denied the possibility of a plea deal for Dassey until now. He states he may have Dassey testify under immunity and offer a deal as well. But, with the discredited confession, there is nothing to incriminate Dassey. Rather the confession incriminates the investigators.

So, the remaining charges are first‑degree homicide, false imprisonment, mutilating a corpse, and felon possessing a firearm.

While the corpse was mutilated, where this took place is to be determined. Does the prosecutor have any evidence to place Avery with tools of dismemberment? And the oder of burning flesh is quite distinctive. If the body were burnt in the area near Avery’s trailer, is it likely that someone would have noted the oder?

I expect the homicide charge will be hard to prove. The blood evidence claimed to be consistent with Avery’s DNA remains to be seen. In 2002, one study discovered substantial human errors occurring in 12 cases per 1000. There is dishonesty that creeps in as well. State technicians will give some astronomical number as the likelihood of a match. But with all factors included, the probability is much lower. The number can still be important, but other evidence must support the DNA evidence.

The firearm possession could be a tough one. Calumet County Sheriff Jerry Pagel stated that a black power muzzle loader was found in Avery’s trailer, and a tape was affixed with the name Steve.

This case is taking an ominous turn. In 1985, Avery was wrongfully sent to prison due to a rush to make evidence fit the suspect. Is this deja vu?