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by Carolyn Smith
Recent legislative action named for Steven Avery, who was wrongly convicted for and
later exonerated of a crime he did not commit, will be renamed following Avery’s
implication as the prime suspect in the murder of a young Hilbert, Wis., woman, a
state representative said.
Though formal charges are likely to come today in the homicide of Teresa Halbach,
questions surrounding Avery’s involvement in Halbach’s murder have caused a key
creator of the “Avery Task Force” bill to change its moniker to the “Criminal Justice
Reform Package.”
“In order to be sensitive to the present circumstances and certainly the Halbach
family, I believe it would be inappropriate to continue referring to it in any way by
the name of Steven Avery,” said State Rep. Mark Gundrum, R-New Berlin.
Halbach, 25, was last seen Oct. 31, and her body was found Thursday on property owned
by Avery’s family. A search of the property revealed several key pieces of evidence
that police said incriminate Avery, including Avery’s blood found in Halbach’s SUV
and a DNA sample matching Avery’s that was found on the ignition key of the vehicle —
a key found in Avery’s trailer.
“[Avery’s actions] are so incredibly disturbing,” Gundrum said. “I am so deeply sorry
for what has befallen Teresa Halbach and her family.”
Gundrum was instrumental in creating the Avery Task Force, and co-authored
legislation instituting proposed changes in state law stemming from the task force.
However, he added the intention of the bill relates to statewide criminal justice
reform and is not isolated to the Avery case.
“It was really just an occasion and opportunity to get together criminal justice
professionals from all perspectives — prosecutors, defense attorneys, judges, police
officers, sheriffs, et cetera — to discuss what kind of reforms we should be making
to improve our justice system even more,” Gundrum said.
The DNA technology, which Calumet county officials said points to Avery’s guilt in
the Halbach murder, was what cleared his name in the 1985 conviction.
The Avery Task Force was formed after DNA analysis of evidence from the case
exonerated Avery in 2003 after he served 18 years in prison for crimes of attempted
murder and sexual assault.
Though the task force completed its objectives six months ago, the legislation was
termed the “Avery Task Force,” and the bill still awaits Gov. Doyle’s signature
before it can become law. However, the bill will be written into statutes as the
“Criminal Justice Reform Package” upon receiving Doyle’s anticipated approval.
Some provisions of the legislation would require electronic recording of police
interrogations, updating of eye-witness identification procedures and reforming the
state’s use of DNA technology to ensure wrongful convictions, like in the 1985 Avery
case, do not occur in Wisconsin.
Keith Findley, a University of Wisconsin law professor and co-director of the
Wisconsin Innocence Project, which helped free Avery in 2003, said the faults of the
state’s eyewitness identification system was a major factor in Avery’s past
conviction.
“[S]ingle eyewitness identification … is one most common contributing factors in
wrongful convictions,” Findley said.
The controversy surrounding Avery should not have a negative effect on the Wisconsin
Innocence Project, Findley said; the project has helped free several other people
mistakenly imprisoned in the state.
“Whatever happens with Steven Avery’s case now does not change the fact that he was
wrongly convicted in that prior case,” Findley said. “And it remains whether he is
guilty or not [in the Halbach case], he will be tried and that will be determined.”
The former Avery Task Force bill was unanimously passed in the State Assembly in
September and in the State Senate in October.
However, Halbach’s murder and the changing of the legislation’s name do not take away
from the necessity of the bill, Gundrum said.
“These are important reforms — it was two years of very valuable work with some of
the most knowledgeable and experienced law enforcement professionals in the state,”
Gundrum said. “It was a very worthwhile product that improves criminal justice in the
entire state.”
Findley echoed Gundrum’s sentiment concerning needed improvements to the state’s
criminal justice system.
“But regardless of whether [Avery] is guilty or not, it remains vitally important for
us to ensure that the criminal justice system convicts the guilty and not the
innocent — that it’s as reliable as it can be and truth is the paramount objective,”
Findley said.
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I intend to last long enough to put out of business all *****-suckers
and other beneficiaries of the institutionalized slavery and genocide.
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"The army that will defeat terrorism doesn't wear uniforms, or drive
Humvees, or calls in air-strikes. It doesn't have a high command, or
high security, or a high budget. The army that can defeat terrorism
does battle quietly, clearing minefields and vaccinating children. It
undermines military dictatorships and military lobbyists. It subverts
sweatshops and special interests.Where people feel powerless, it
helps them organize for change, and where people are powerful, it
reminds them of their responsibility." ~~~~ Author Unknown ~~~~
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