With no preconceived ideas about this tale (I had not seen the much talked about documentary) it sounded rather bizarre and therefore worth a read. I was not wrong, for Michael Griesbach tells the story most vividly and often from first-hand involvement.
Steven Avery was a relatively small time offender until he stopped a neighbour's car and made sexually advances to her while threatening her with a gun. He was duly arrested, charged and was awaiting trial when, just six days after his wife had given birth to twins, he allegedly went down to the beach in Manitowoc County and there he spotted Penny Beerntsen.
It was alleged that he violently attacked and assaulted her while she was running along the sand; she was eventually discovered and rushed to the Memorial Hospital where her wounds were treated. And while being treated she was interviewed by a deputy and the county sheriff. She described her attacker, about 30 years old, five foot six or seven, stocky build, brown eyes, long sandy hair with a straggly beard and he was wearing a black leather jacket.
The officials quickly thought of Steve Avery even though he was only 23 years old, barely five feet tall, had blue, not brown, eyes but on the other hand he did have long hair and a beard, that would possibly pass as straggly and he had known form for this sort of behaviour. From that moment on there was nobody else in the frame for the crime even though others in the law enforcement office considered that it was more likely to be another known offender by name of Gregory Allen. This latter information was offered to the officers dealing with the case but nothing came of it.
Avery was arrested and offered what appeared to be a watertight alibi as the time line of his activities around the crime time would appear not to have enabled him to be on the beach at the time Penny Beerntsen was assaulted. This seemed to matter not one jot to the prosecutors for when a series of photographs were shown to the victim she did, after some lengthy consideration, pick out Avery. The authorities knew they were right.
Avery eventually went to trial and with the prosecutors being selective with their evidence and the defence somewhat lax in pursuing certain lines of investigation, the jury, after lengthy deliberations, found him guilty and he was sentenced to 32 years imprisonment. Two subsequent appeals failed and he remained in jail for 18 years. That is until DNA evidence, procedures for which had advanced considerably from the time of his conviction, proved that the assailant was indeed Gregory Allen, who already had previous convictions for similar action in the same area.
Avery was released and immediately began claims against the authorities for wrongful imprisonment; he filed a $36 million dollar suit. However, before anything came of this, Teresa Halbach, a freelance photographer, had an assignment at the Avery Salvage Yard. Unfortunately she went missing and intensive investigation eventually led to her burnt remains and her abandoned vehicle being found in the Salvage Yard.
Avery was interviewed and denied everything even though one of his relatives admitted assisting in the killing of the lady concerned. The evidence seemed overwhelming and he was duly arrested and tried once more for this particular crime. He was found guilty once again and sentenced to life without parole. Twenty-one years after passing through them for the first time and less than four years after walking out a free man, Steve Avery was escorted through the gates of Dodge Correctional Institute in Waupun where he would spend the rest of his life.
Later on his relative that had stated that he had assisted in the killing of Teresa Halbach was also arrested and jailed for life.
The book presents a harrowing tale that highlights deficiencies in the trial procedures and evidence presentation and it also contains as a postscript a poignant statement by the first victim, Penny Beerntsen.
On a second read (I had forgotten that I had already read it, although it did seem familiar!!) nothing had changed, unsurprisingly, as the offender in the first crime was quite dissimilar to the one described by the victim. However, the police felt sure that it was Steven Avery who committed the crime so all the work in securing evidence and identification went into proving that to be the case.
Some evidence was not presented at the trial and the consensus of opinion was that he would be found not guilty. He was not, guilty was the verdict and so behind bars he went, protesting his innocence all along the way. Presumably many thought this just a ploy for Avery had been in trouble before and was, at the time of the crime, awaiting trial on another serious issue.
Eighteen years on another name came into the frame; came into the frame not strictly true because he had been there before, at the time the crime was committed. And what is more many of the officials working the case then felt sure that he was the assailant and told the authorities so. But they cocked a deaf ear to all the entreaties and so Avery was jailed.
When DNA advancement allowed much more scientific proof, it appeared that Avery was innocent and that this other, then jailbird, was the guilty party. And so it was proved and Avery was freed to pursue a claim for compensation against the state. The case was for $36 million so he would have been set up for life.
But he could not, it appears, keep out of trouble and despite trying to go straight he ended up as a murderer. His family ran a salvage yard and he arranged for a photographer, who had worked for him previously, to visit to take some shots. She disappeared and after much investigation it transpired that Avery had killed her and burnt her body, this despite, once again pleading his innocence.
Once more he was found guilty and back to jail he went.It is a sad and tragic story but very readable - as my unknowing second read proved!