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Nov 12, 4:19 PM EST
Woman's death latest legal run-in for Averys
By TODD RICHMOND and CARRIE ANTLFINGER
Associated Press Writers
WHITELAW, Wis. (AP) -- The Avery family and the police don't mix. Never have.
Friday night, just hours after prosecutors announced Steven Avery would face a murder charge in the death of a Hilbert woman, his older brother, Chuck, popped the trunks of his family's cars. He said he wanted to make sure Manitowoc County Sheriff's deputies hadn't planted more trouble for them.
"We're really on edge," he said outside his brother Earl's farmhouse as darkness fell.
Steven Avery spent 18 years in prison for a rape he didn't commit before DNA evidence exonerated him. He filed a $36 million wrongful conviction lawsuit against Manitowoc County.
But now that same DNA science that got him out of prison could send him back. Searchers found 25-year-old freelance photographer Teresa Halbach's sport utility vehicle in the Avery family's junkyard, and prosecutors say DNA tests prove Avery's blood is in the vehicle. He could face a charge of first-degree intentional homicide as early as Monday.
Avery's family says he's being framed to stop his lawsuit and fear deputies could cart them away next.
"The only thing I can think, they are trying to railroad me again and see if they can get away with it this time," Steven Avery, 43, said before he was arrested.
Calumet County District Attorney Ken Kratz says that's absurd. A judge appointed him to handle the case because he's from another jurisdiction, he said, adding DNA analysis has confirmed blood in Halbach's vehicle is Avery's.
Kratz said he's tired of addressing conspiracy theories. Planting evidence would mean someone is running around with vials of Avery's DNA, looking for a crime scene to splatter it over, Kratz said.
"It is not possible the evidence ... is tainted evidence or was in any way planted by a Manitowoc County law enforcement agency or any law enforcement agency, for that matter," Kratz said.
The Avery family has run Avery's Auto Salvage in the farm fields outside Mishicot, a hamlet of 1,400 people 25 miles southeast of Green Bay, since the 1950s. The 40-acre property, surrounded by berms and fences, has more than 3,000 vehicles, two mobile homes and two houses.
Some neighbors say the family is helpful.
"If you asked for a favor, you would get it from all of them," said Jim Geux, 49, who lived on a farm near the Averys until 2002.
Others were more guarded, saying they still have to live near the Averys. Harold Stahl, 80, of Mishicot, said he used to deal with the family when he was a tow truck driver.
"They are an odd lot," Stahl said.
The brothers have been in and out of trouble with the law in Manitowoc County for years.
According to court documents:
-Chuck, 51, was charged with second-degree sexual assault in 1988, but a jury acquitted him in 1989. In 1998, he pleaded guilty to misdemeanor disorderly conduct and got 12 months probation. His probation was revoked six months later and he was sentenced to 60 days in jail. In 1999, his former wife accused him of sexually assaulting her and wrapping a phone cord around her neck. A charge of third-degree sexual assault was ultimately dismissed in 2003.
-Earl, 35, pleaded no contest to battery and fourth-degree sexual assault and got three years of probation on each charge in 1996. In 1992, he pleaded no contest to a charge of battery for attacking his wife. He got 18 months' probation and was ordered to attend counseling.
-Steven was convicted in 1981 of felony burglary. He got five years probation, which was revoked in 1982 after he was charged with animal cruelty for pouring gas on a cat and throwing it into a bonfire to die.
In 1985 he was convicted of sexually assaulting a 36-year-old woman on a Lake Michigan beach. A judge sentenced him to 32 years in prison. In 2003, he was freed after serving 18 years, after DNA samples proved another man committed the rape.
A state Department of Justice investigation cleared Manitowoc County authorities of any ethical violations in Avery's conviction, but state lawmakers used his case to push legislation designed to reduce wrongful convictions and Avery's lawsuit is pending.
Meanwhile, life on the outside has been a struggle. Avery is engaged to be married, but he doesn't have much money. He has lived in an ice shanty and struggled to rebuild ties with his five children.
Roland Johnson, an Avery family friend, let Steven move into a trailer Johnson owns that sits next to the junkyard. The Averys are good people, he said.
"They were always nice to me," Johnson said. Steven did some dumb things as a young man, but he isn't stupid enough to murder someone on his own property, Johnson said.
"It just sounds too phony to me. The whole set-up sounds ridiculous," Johnson said.
According to investigators, Halbach pulled into the Avery junkyard on a chilly, rainy Halloween afternoon. Auto Trader Magazine sent her to take pictures of a minivan Avery hoped to sell.
No one heard from her again.
Dozens of her family and friends combed farms, caves and ditches looking for any sign of her. On Nov. 5, a worker at the Avery junkyard let them search the grounds.
They found Halbach's green Toyota Rav4. According to search warrants, it was hidden by branches and auto parts. Investigators found blood on the ignition and in the rear cargo area, blood on a door to Steven's trailer and in Steven's bathroom.
They also discovered handcuffs, leg irons, pornographic materials and what the search warrants described as "sexual devices" - and a woman's charred bones and teeth.
Sheriff's deputies drew DNA samples from Steven, Chuck, Earl, their parents, their sister, Barb Janda, and her two adult sons. They arrested Steven Wednesday after they discovered two guns in his trailer. Convicted felons aren't allowed to possess firearms in Wisconsin.
Detectives are still questioning the rest of the Avery family. Chuck thinks any one of them could get hauled off next, given their histories and his brother's lawsuit. After all, $36 million could be at stake.
"We don't have nothing to do with it," Chuck said.
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