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 Monday.
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.