Milwaukee Journal Sentinel

CHILTON, Wis. – DNA evidence, which cleared Steven Avery in 2003 of a sexual assault that put him in prison for 18 years, will be used to charge him with a homicide that could put him in prison for the rest of his life.

Authorities announced Friday afternoon they will charge Avery with first-degree intentional homicide in the slaying of Teresa Halbach, a 25-year-old Hilbert, Wis., photographer who had been missing since visiting Avery’s home Oct. 31. Avery’s DNA, including his blood, was found inside Halbach’s vehicle and on the car’s ignition key, which was hidden in his bedroom, authorities said.

The announcement came 26 months to the day after Avery was freed from prison after being exonerated of a 1985 sexual assault. In that case, a judge declared Avery innocent after the Wisconsin Innocence Project used DNA evidence to show that another man committed the assault.

Calumet County District Attorney Ken Kratz said at a news conference Friday that he would charge Avery with Halbach’s killing and other crimes Monday or Tuesday. He would not say whether other people might be charged.

Avery and seven of his family members had been ordered to provide samples for DNA testing Wednesday, the day Avery was arrested on a gun charge not related to Halbach’s slaying. Avery has been in custody since then.

Avery and his family members had spoken freely to the media, denying any involvement in Halbach’s disappearance. But after the news Friday, one of Steven’s brothers, Charles Avery, said, “I’m not talking to nobody.”

A message left by Mike Halbach, one of Theresa’s brothers, said the family would not comment Friday.

Authorities said Halbach was last seen on the afternoon of Oct. 31 by Avery at his home. She was there to take photos of a vehicle he was selling for Auto Trader magazine. Halbach was killed that day, authorities said Friday. They said they had theories on how she was killed but would await further lab test results before commenting further.

Investigators had declared the case a homicide Thursday after finding human bone and teeth fragments on the Avery property. Calument County Sheriff Gerald Pagel said investigators had evidence indicating someone attempted “to dispose of a body by incendiary means” on the Avery family property, but was not “completely successful.”

Pagel added Friday that investigators found “personal items” of Halbach’s that someone attempted to destroy.

Kratz said Halbach’s Toyota RAV4, which was found Saturday near Avery’s home at the Avery family’s auto salvage yard in Manitowoc County, had been hidden as had the key and the vehicle’s license plate.

“It was clear that (Avery) was going to use the key again,” Kratz said.

Before Avery was arrested on the gun charge Wednesday, he had said repeatedly that he feared investigators were planting evidence against him in connection with Halbach’s disappearance because they had occupied his family’s property since Saturday.

Avery has a $36 million lawsuit pending against Manitowoc County in the 1985 wrongful conviction.

But Kratz said investigators went to great lengths to avoid any possibility of tampering with the evidence.

Kratz said the vehicle had not been opened or searched until it was sealed in a container and shipped to Madison, Wis., where it was searched and analyzed by the state crime lab. He said he emphasized the point to make clear that local investigators could not have planted evidence or tampered with evidence as Avery and his family members have alleged.

“I’m convinced that it’s not possible that the evidence obtained is tainted,” Kratz said.