DNA tests confirm remains were of missing woman in Avery case

RYAN J. FOLEY

DNA evidence, which freed Steven Avery after proving another man committed a 1985 rape, is piling up against him in the murder of a 25-year-old photographer.

Authorities said Thursday that an FBI analysis of teeth and bone remains found in a burn pit at his family's salvage yard in rural Mishicot show they are consistent with the DNA of the photographer, Teresa Halbach of Hilbert.

The announcement runs counter to Avery's suggestions that she may still be alive, said her brother, Mike Halbach.

"We're hoping this puts an end to some of the things that he's been saying about my sister," he said.

Authorities have accused Avery of murdering Halbach and then burning her corpse to try to cover up the crime after she came to take pictures of a vehicle for sale at the salvage yard on Oct. 31. Avery lived next to the property.

Avery became a symbol of a flawed criminal justice system when he was freed in 2003 after spending 18 years in prison for the 1985 rape of a woman on a Lake Michigan beach. DNA tests exonerated Avery, who was originally convicted based on the woman's testimony, and pointed to a sex offender imprisoned for another rape.

After two years as a free man, Avery came under suspicion again when Halbach vanished. He was charged with first-degree intentional homicide and mutilating a corpse after authorities said they found charred remains that preliminary tests determined were of Halbach.

Avery, 43, has maintained his innocence, claiming he is being framed in retaliation for his $36 million lawsuit against local authorities for his wrongful conviction and suggesting in interviews that Halbach may still be alive.

But tests by the FBI laboratory in Quantico, Va., matched DNA found on the remains with the DNA sample provided by Halbach's mother, Calumet County Sheriff Jerry Pagel announced Thursday. A mother and daughter share certain DNA characteristics.

The FBI analysis is consistent with a separate test at the Wisconsin Crime Lab that the charred remains are those of Halbach, Pagel said in a two-paragraph written statement.

Mike Halbach said family members had given up hope that she was alive one month ago when they filled out her death certificate, but the tests "show 100 percent proof that it was her."

Avery's court-appointed defense lawyer, Erik Loy, did not immediately return a phone message Thursday.

Avery's family said Tuesday they were considering a mortgage on the family's properties to come up with $500,000 bond to free Avery from the Calumet County Jail until his trial.