Rape Suit Settled, He Faces Trial on Murder

A man who served 18 years in prison for a rape he didn’t commit settled his lawsuit against authorities for $400,000, which he probably will use to defend himself against a recent murder charge, his attorney said.

The settlement was a small fraction of the $36 million Steven Avery had sought after he was freed in 2003 when DNA tests showed he was wrongly convicted of rape.

The 43-year-old was arrested in November after police found the remains of a 25-year-old freelance photographer in his family’s salvage yard. He has been charged with first-degree intentional homicide.

Avery’s attorney in the lawsuit, Stephen Glynn, told the Milwaukee Journal Sentinel that his client wants to hire a private attorney for his murder trial. Avery is now represented by public defenders.

Avery has insisted that police framed him to derail the lawsuit.

As part of the settlement, Avery dropped his lawsuit against Manitowoc County and the sheriff and prosecutor who helped send him to prison, and officials acknowledged no wrongdoing, said Ray Pollen, a county attorney.

Pollen said the county’s insurers agreed to the settlement to “buy finality.”

Avery, who was convicted of rape largely on the woman’s testimony, became a symbol of flawed criminal justice.

In response to this case, Gov. James Doyle signed a bill in December that made several changes to the criminal justice system, including requiring written policies on the use of witnesses and setting guidelines to preserve DNA evidence.

Avery now is accused of killing Teresa Halbach and setting her body on fire. She was last seen Oct. 31 taking pictures of a minivan Avery hoped to sell.

Investigators found Avery’s and Halbach’s blood in her sport utility vehicle in the salvage yard. They also found Avery’s DNA on the SUV’s ignition key, which was hidden in Avery’s room.