Man wrongly imprisoned is still adjusting to freedom
By Tom Sheehan, The Journal Times, Racine, WI
When Steven Avery recently heard his name broadcast over the police scanner, he turned off the lights and hid inside his trailer home.
Avery has reason to fear police - not because he's wanted, but because he spent 18 years on prison for a crime he didn't commit.
Avery had nothing to worry about, but his mother, Delores, and his brother, Chuck, had to assure the 43-year-old Two Rivers man he wasn't in trouble. A police dispatcher mentioned his name while describing the location of nearby property where suspicious activity occurred.
Avery listens to the scanner as part of his job with Avery's Auto Salvage, where he drives the tow truck and prepares cars for storage by draining oil and removing gas tanks. The work at the company, started by his father and owned by his brothers, keeps his mind occupied so he doesn't dwell too long on the life that's been robbed from him.
"When I'm working like eight hours a day, I don't think about nothin'," Avery said.
Since being released from prison two years ago, thanks to DNA
evidence and the Wisconsin Innocence Project, Avery has enjoyed
some of his newfound freedom. He especially enjoys going for drives
in his 2002 Ford F-350 pickup truck or his '93 Grand Am.
But when he has time to reflect on what happened, emotions build up. He'll never know if he could have kept his marriage together or what kind of father he would have been to five children if he weren't behind bars. Maybe some of the arguments he had with his ex-wife wouldn't have happened. Maybe he'd be running the family business.
"Mostly when I'm by myself, sometimes it hits me - all what I went through. I'll be driving down the road and that, and I have to pull over. I break up in tears and everything else," Avery said.
Avery admits having trouble adjusting to life "on the outside."
He moved in and out of the homes of relatives before he settling in
the borrowed trailer. He remains in touch with just one of his five
children, he said.
He also has had a run-in with the law since being released. In March, he pleaded no contest and paid a $243 penalty for a municipal disorderly conduct citation for being "involved in an altercation," according to the Manitowoc County Clerk of Courts office.
Some of the difficulties may explain why Avery doesn't exude the sense of relief you might expect to see from someone recently released from prison. On the other hand, he also doesn't readily convey a sense of bottled rage you might expect from a man wrongly imprisoned.
Avery is approachable, conversational and soft-spoken, especially for someone who's been hounded by media attention. His face has been plastered all over newspapers and television news makes him an easy target for chat in the Two Rivers area. He doesn't mind, but his mother has gotten to the point she no longer wants to go to grocery shop with him because so many people want to stop and talk, Avery said. Prisoners who insist they are innocent also call for help, and sometimes he believes them.
Avery said he hopes a bill that passed the Assembly last week will help prevent wrongful convictions. Among other things, it would revise the way suspects are identified in police lineups.
"I think they're starting to realize what really went wrong. Before, they didn't think this could happen," Avery said of police in his case.
Avery said he doesn't hold a grudge against the sexual assault
victim who wrongly fingered him as the suspect. But he's not ready
to forgive and forget law enforcement and court officials, who
failed to thoroughly investigate his case, he said.
He's convinced police still do sloppy work on some investigations. As evidence, Avery offers that his fiance was wrongly convicted of drunken driving - a fourth offense. Avery said he knows she's innocent because he was driving her car when it went into a ditch on a foggy day in May 2004.
Avery said she's is in jail because police found mud on her clothes, suggesting she got out of the driver's door. Avery said she got mud on her when she climbed out of the driver's side. He claims police never even interviewed him about the incident, which he said occurred the day he met the woman. She was working at a gas station when Avery asked her if she wanted to go for a ride.
Sounds a bit hard to believe, but Avery's been doubted before.
Tom Sheehan can be reached at tsheehanmadison.com or (608) 252-6198.
Never seen this discussed
submitted by dark-dare
I read this in a comment section somewhere else, and thought, interesting, I have not seen this discussed.
The writer asked, what about the taped phone calls from the jail in the days preceding Oct 31.
In those tapes did SA [Steven] mention to JS [Jodi] that he was calling the photographer to come out and take pics of Barb's van?
With one of the stumbling blocks being that SA only called at 8:30 that morning, how would LE know that TH was coming, so they could set something up?
BINGO!!! They were listening to the phone calls between SA and JS. This would explain enough advance notice for them to be prepared, lying in wait to exact their evil plan. Of course SA would say something to JS in passing. It makes sense. I think this is one small piece of the puzzle we have all been working on. Barb and SA could have discussed this days ahead of time, SA new she came out on Mondays and called for the appointment.
[–]JazzDad01
I think given what we learned about LE using routine surveillance on Gregory Allen years prior, it's not unreasonable to assume SA was being watched quite closely as those depositions were underway and his suit was on the docket. I'm thinking his knowingly recorded conversations with his honey in the jailhouse are the least of it.
[–]JJacks61
I actually think they had been watching him for months. The civil suit was filed October 2004. Plenty of time to "work something out".
[–]Ispywithmylittleeyes
There is a recording of a woman officer or was a dispatcher that said "that SA couldn't take a shit without MTSO knowing about it. So, ya they were watching and listening for their chance. With Jodi in jail, there goes his alibi.
[–]87mave
First I've heard of that. Where is that recording?
[–]foghaze 2 points 18 days ago
It's in the collection of dispatch calls IIRC.
[–]DarthLurker
Here you go.
https://youtu.be/GrzJQq2EkO4?t=19m26s
[–]What_a_Jem 10 points 18 days ago
I have often thought they had his phones tapped, but your suggestion works as well.
[–]Diane1959
I think the fact that JS was arrested on 10/30 speaks volumes of their plan to frame SA. She had been arrested the day before TH went missing for not paying her fines. Convenient in that SA would no longer have an alibi. I think the assumption was that she had been in jail longer. It is confirmed on CCAP that it was only one day.
[–]no_idea_4_names
Wasn't JS in jail as of August 2005?
[–]Diane1959
No she was arrested 10/30 for failure to pay fines. See below arrest record from court system. A lot of people think she had been in jail but she was actually out from her DWI. Would love to see her records to see who ordered her arrest on 10/30.
Date Event Court Official
10-30-2005 Warrant/Capias/Commitment served
Event Party Stachowski, J
Additional Text: Copy of Order for Arrest and Commitment on Failure to Pay returned from Sheriff's Department indicating commitment served from 10-30-05 - 12-20-05 with 16 days good time credit.
[–]no_idea_4_names
That's hugely significant!! More you know the worse you feel!
I did see on the court records that after her tv interview, there were outstanding fines suddenly settled, unpaid. How could that be? I can't remember exactly what it said as it was months back. But it definitely said something along those lines.
[–]SilkyBeesKnees
Yeah, pretty sure they'd have him under surveillance. SOP for them.
[–]foghaze
Also if they had surveillance on him (even SA was paranoid at the time he was being watched) they would know that Teresa went out there about every 2-3 weeks and it was always on Mondays from 2-3pm. It was like clockwork. If they were watching him it wouldn't have taken long at all to figure this out. She was scheduled certain areas on certain days. After a couple of times they would have figured out her scheduled time was Mondays. All they would need to do is schedule the luring appointment on the 2nd and 3rd Monday from the last time Avery made an appointment. He fixed up vehicles for extra cash. FRW, I think they were also listening to his calls as well.
[–]Cant_u_see
THEY HAD BEEN WATCHING HIM CLOSELY FOR MONTHS. They were using Randant's deer camp for surveillance, and AC was out there buying parts and befriending SA brother as part of a covert surveillance and fact finding information gathering operation.
[–]dark-dare[S]
Sorry, we do not know that for a fact. I tend to believe AC found her after an accident or the Zips were involved, but I do not know for sure. There is too many questions we do not have answers for to rule anything out 100%
[–]Rasmosus
So now I wonder whether there is any documentation of who listened to the phone surveillance tapes and when?
[–]dark-dare[S]
Wonder if those tapes still exist?
[–]Kratzaphobic
This makes a great deal of sense! No need top tap phones or lie in the bushes somewhere, watching the comings and goings of TH & SA ...I really like this thought. ( ;
[–]dark-dare[S]
Puzzle piece that fits!
[–]foghaze
Absolutely I think he was. I found an article where SA was interviewed 4 weeks prior to TH going missing and seems he was very paranoid and knew LE were up to something. It's also mentioned by Martinez in CASO. Martinez said SA thought TH was watching him. He knew someone was watching him but not sure who. I have no doubts LE had something set up and SA knew it too. He felt it in his gut.
http://journaltimes.com/news/local/tom-sheehan-man-wrongly-imprisoned-is-still-adjusting-to-freedom/article_bf751275-f234-53d8-b717-81cf33636125.html
[–]bennybaku
Could this possibly be why he used *67 to call her number?
[–]deplorablaw
You mean maybe he had some idea in his head that if he shielded his number it might help prevent someone bugging his phone or keeping track of who he called? Why has this not been mentioned before? Why would this not be a good explanation? I think if I were paranoid I'd be doing this quite often.
[–]bennybaku
Exactly.
[–]foghaze
Could this possibly be why he used *67 to call her number?
I think it was a combination of things. He was a local celebrity and I can see why he would use this feature often. Some liked him some hated him. I would probably use *67 if it were someone I did not personally know very well and well known in the community. He also probably thought it was a neat feature being he had been in prison for 20 years and it was all new to him and he most likely didn't understand proper phone etiquette when using it also. We think it's a big deal using it but for him he had never heard of it before. Most likely thought everyone did it and it was not a big deal.
[–]bennybaku
I would agree with you for the most part, but he has called her before without the #67.
[–]foghaze
would agree with you for the most part, but he has called her before without the #67.
Perhaps he got to thinking she wasn't answering because she didn't know who it was and didn't block it the last time? Or he could have done it so often he just didn't realize he was doing it or he did it the first time and just hit redial the second time. The 3rd time he decided to unblock it. I don't think there is much to his intent with using *67 to call her and is as simple as him wanting to protect his identity.
[–]bennybaku
This could be, no doubt about it. But there was an intent for using it, because he didn't use it in all of the other calls he made that day.
[–]foghaze
because he didn't use it in all of the other calls he made that day.
Well all the other calls were to businesses and the other calls were to people he knew. He didn't really need to use it with his other calls.
[–]bennybaku
Yet he did know TH. He had called her before, so something changed, his paranoia warned him to dial carefully.
FROM CASO FILE:
PAGE 283
TYPE OF ACTIVITY: Interviews of following:
Andres F. Martinez
DATE OF ACTIVITY: 11/16/05
REPORTING OFFICER: Inv. Wendy Baldwin
On 11/16/05 Special Agent KIM SKORLINSKI and I (BALDWTN made contact with ANDRES F. MARTINEZ (Ph) At the MANITOWOC COUNTY JAIL. ANDRES was interviewed about possible contact he may have had with STEVEN AVERY. See Special Agent KIM SKORLINSKI's report on details of that interview.
TYPE OF ACTIVITY: Interview of: Andres F. Martinez
Green Bay Correctional Institute
Green Bay. WI
DATE OF ACTIVITY: 11/29/06
REPORTING OFFICER: Inv. Mark Wiegert
On 11/29/06, I (INV. WIEGERT OF THE CALUMET COUINTY SHERIFF'S DEPARTMENT), along with DCI Special Agent TOM FASSBENDER, went to the GREEN BAY CORRECTIONAL INSTITUTE to interview ANDRES MARTINEZ. Itshould be noted I was informed by Lt. LENK OF THE MANITOWOC COUNTY SHERIFF'S DEPARTMENT that MARTINEZ had recently been transported to GREEN BAY CORRECTIONAL INSTITUTE from their county jail. Lt. LENK stated MARTINEZ had made statements to the transport officer about knowing STEVEN AVERY and also having information about the murder of TERESA HALBACH.
At approximately 10:00 a.m., Special Agent FASSBENDER and I did meet with MARTINEZ in an interview room at the correctional institute. Special Agent FASSBENDER and I identified ourselves to MARTINEZ. MARTINEZ stated that he was not sure he wanted to talk to us now. He stated he had tried to get a hold of us about a month or so ago and has since changed his mind. I informed MARTINEZ that was his right and he did not need to talk with us; however, we informed him that his information could be helpful in the homicide case.
MARTINEZ stated he was friends with STEVEN AVERY. He also told us he would commonly go to the junk yard sometimes as often as a couple times aday. MARTINEZ told us STEVEN AVERY told him he (meaning STEVEN AVERY) thought TERESA HALBACH was coming to his house to pinpoint him for a crime he did not commit. I asked MARTINEZ if STEVEN thought TERESA was spying on him to which MARTINEZ stated that is what STEVEN told him he believed was happening. I asked MARTINEZ if STEVEN mentioned TERESA by name to which MARTINEZ stated STEVEN did. MARTINEZ also told us STEVEN AVERY told him STEVEN said he wanted to dispose of her (meaning TERESA). MARTINEZ also told us STEVEN had shown him a little book, which had TERESA's phone number in it. Again, MARTINEZ stated STEVEN believed TERESA was spying on him for a crime he was innocent of.
MARTINEZ also told us STEVEN would commonly mention a baggie TERESA had that he wanted to get.
MARTINEZ then stated he remembers on one occasion STEVEN and he were up on a hill with a truck in the salvage yard. MARTINEZ indicated STEVEN had a camera with him and he (meaning MARTINEZ) and STEVEN observed TERESA drive into the salvage area and STEVEN took his camera out and was taking pictures of TERESA as she drove in. MARTINEZ also told us he remembers STEVEN calling TERESA a little cunt. I asked MARTINEZ when this would have happened, if it would have been before TERESA's death that he told her these things or after to which MARTINE Z stated this would have been before TERESA's death and disappearance.
MARTINEZ told us he did not believe STEVEN would tell anybody else because his brothers would have probably told the police. MARTINEZ states STEVEN and he got along very well and STEVEN trusted him and that is whv he would tell him these things. I questioned MARTINEZ about specific information STEVEN had told him about the death and/or disappearance of TERESA HALBACH. MARTINEZ stated he did not want to talk about it. MARTINEZ stated his son, JAMES, did not wish him to get involved in the case and he did not want to say anymore about it. MARTINEZ stated he was going to be meeting with his son this week and he would send us a letter indicating if he wished to speak with us anymore reference this case. I then provided MARTINEZ with a business card and thanked him for his cooperation at which time we left the interview room.
Something about SA’s Sep 2004 MTSO incident report (family fight/DVOA) struck me as really odd:
- 11:42:01 JS called 911, gave her address, said she would call back, then the call was disconnected
- 11:42:30 The 911 dispatcher tried to call JS back and got no answer
- 11:44:14 MTSO Cummings dispatched
As I (CUMMINGS) was responding, Chief Gilbert (Mishicot PD) advised me that he was parked at the end of Avery Rd amd STH 147, awaiting my arrival.Cummings was dispatched 2 minutes after the 911 dispatcher's 1st failed callback attempt to JS. How was Chief G already waiting at the end of Avery Rd at 11:44:14? The MTSO report shows he wasn’t requested as backup until after the 3rd callback attempt/no answer at 11:50:34.
I asked the amazing /u/Minerva8918 if she could wrangle a copy of Chief G's report from Mishicot PD for me (she did!) hoping it would clear up the confusion (it didn't).
According to the Mishicot PD report:
On 9/4/04 at approximately 11:41 p.m., I, Chief Gilbert was requested by Lt. Hermann of the Sheriff’s Department to assist with a 911 hang-up at 129XX Avery Road, Mishicot. The Sheriff’s Department requested that I stand-by at the intersection of Avery Road and HWY 147 to monitor for any vehicles leaving the area.Lt. Hermann requested Chief G’s assistance before JS’s call was even logged as a hang up. I guess we could chalk this up to another typo or sloppy report writing. EXCEPT, I would expect more accuracy from Chief G given he’s a Criminal Justice Instructor at a nearby college and teaches a course on “Law Enforcement Report Writing”.
Why the urgency for Lt Hermann to personally request Chief G’s help?
- If Lt Hermann was worried about the caller’s safety, why didn’t he tell Chief G to go straight to SA’s trailer instead of waiting at the end of Avery Rd?
- The 911 dispatcher was unable to reach the caller but how did Lt Hermann know the caller would be leaving SA’s trailer? For all Hermann knows, the caller could be injured or worse while Chief G is twiddling his thumbs at the end of Avery Rd. The officers don’t learn until later that, according to JS, SA dragged her out of the trailer.
More of Chief G’s report:
While speaking to Avery, I observed a female subject in the passenger side of the vehicle who appeared to be teary eyed and visually upset. I asked Steven if there was a problem tonight with those two and he stated that he and his girlfriend just had a disagreement. At this time, I asked the female party to exit the vehicle and step to the rear of it to talk to me.Wait. What? How does Chief G know what happened? So far this incident was only reported as a 911 hang up.
Once at the rear of my patrol vehicle, I informed the female subject who was identified as JS that we are there to help her and she needs to inform us what is really going on this evening. JS was very hesitant to provide any information stating to this officer that she is “Afraid” of Steven. JS informed this officer that she thought that her house was broken into and that is why she dialed 911. I informed JS that it is this officer belief that is not the correct story of what happened tonight—
A little background on Chief G:
- Prior to becoming Mishicot Police Chief in ‘02, Chief G spent 8 years 10 months (April 1991 – January 2000) working for Sheriff Kocourek at MTSO as a full-time Corrections Officer (12/92-2/00); part time Deputy Sheriff (4/92-12/92); and a Reserve Deputy (4/91-4/92).
- ASY is located in Mishicot but during the 8 day search of the property following TH’s disappearance, Mishicot Police Chief G spends less than 70 minutes helping with the search. He arrived on Nov 7, moments before retired MTSO Bushy’s discovery of possible remains at Kuss Rd and stayed for 69 minutes. That’s it. Much like retired MTSO Bushy, this was the only day Chief G visited the property.
Moving on:
…and she again informed me that she is afraid of Steven and that he will hurt her. After a short time of talking to JS, she stated that earlier this evening she had called Steven’s sister to find out when he would be back from up north and that upset Steven that she was checking on him. JS informed this officer that Steven did punch her in the right rib area and punched her in the right temple area. JS stated to this officer that Steven then choked her and then she passed out. JS indicates that she did wake up at which time he was dragging out of the house by her arms—Again, how did Lt. Hermann know anyone would be leaving SA’s trailer? According to JS, she passed out. And if Chief G suspected something nefarious was going on in SA’s trailer, why didn’t he go straight there?
Back to the Police Report:
…she did wake up at which time SA was dragging her out of the house by her arms stating “I should get the gun and kill you”. I asked JS if there were guns in the residence and she stated there is a gun hanging on the wall that belongs to a RJ.One year prior to TH’s death LE (including MTSO) knew SA had a shotgun in his possession. Though this was Mishicot’s report, MTSO was provided a copy.
If MTSO is convinced that SA killed TH with RJ’s gun, aren’t they equally culpable in her death for allowing a felon to be in possession of a firearm?
At this point in the report, neither Cummings nor Chief G was able to find physical evidence to support JS’s claim she was assaulted. JS admitted she had been drinking and was unwilling to complete any working paper associated with the DV. Cummings transported SA to MTSO jail and booked him for DC-DVO and Chief G drove JS back to 129XX Avery Rd (see MTSO Incident Report and Mishicot Complaint Report for full details).
TL;DR:
- Why the urgency for Lt Hermann to personally request Chief G’s help before dispatch has confirmed there's even a problem?
- If Lt Hermann was worried about the caller’s safety, why didn’t he tell Chief G to go straight to SA’s trailer instead of waiting at the end of Avery Rd? How did Hermann know anyone would be leaving SA's trailer?
- Prior to becoming Mishicot Police Chief in ‘02, Chief G spent 8 years working for Sheriff Kocourek at MTSO.
- One year prior to TH's death, MTSO was informed SA had shotgun hanging on his wall and they apparently didn't care.
No comments:
Post a Comment