What Happened To Steven Avery From Making A Murderer?
The following article mentions murder and sexual assault.
The second season of Netflix's "Making a Murderer" ended with Steven Avery's post-conviction attorney vowing to continue her fight to get him a new trial. Part two of the docuseries was released in October 2018. As of this writing, Avery remains behind bars and continues to maintain his innocence.
Avery was convicted of the murder of Teresa Halbach in 2007 and sentenced to life in prison without parole. Halbach was visiting his salvage yard on Halloween in 2005 to take pictures of a van for Auto Trader magazine. While he continues to insist that the victim left his property, a confession from Avery's nephew, Brendan Dassey, painted a different picture.
Like "American Murder: The Family Next Door," "Jeffrey Epstein: Filthy Rich," and Netflix's documentary about the Tinder Swindler, "Making a Murderer" explores the ins and outs of a true crime story. Dassey and Avery's convictions have garnered international attention due to allegations of coercion, tampered evidence, and corrupt law enforcement. Here's what we know about Steven Avery's case and what has happened to him since "Making A Murderer" was released.
Why Steven Avery's conviction is controversial
When Teresa Halbach disappeared, Steven Avery was no stranger to Manitowoc County law enforcement. In addition to past arrests for burglary and animal cruelty, Avery was wrongfully convicted of a 1985 sexual assault and exonerated in 2003 thanks to new DNA testing. Following Avery's release, he filed a $36 million wrongful conviction lawsuit against the county, the district attorney, and the sheriff. In November 2005, at the start of the Teresa Halbach investigation, Avery was arrested for possessing firearms as a felon. His previous arresting officer, Kenneth Petersen, was now the sheriff. In February 2006, Avery's lawsuit against the county was settled, with him receiving $400,000. Halbach's vehicle, car key, and remains were found on Avery's property. His blood was also found inside her Toyota. Avery argued that the evidence was planted to frame him in retaliation for his lawsuit.
In March 2006, Brendan Dassey gave what many claimed was a coerced confession that he assisted his uncle in the sexual assault and murder of Halbach; he initially told authorities Halbach left the property. Brendan later recanted the confession, but parts of it were still used in his own trial. He was sentenced to life in prison without the possibility of parole for 41 years. Brendan's older brother Bobby Dasey testified against Avery in court, claiming that he saw Halbach go to Avery's trailer and that his uncle joked about disposing of a body. However, as highlighted in season two of "Making a Murderer," parts of his testimony were inconsistent with discussions held during and after the investigation. Authorities never looked into Bobby or any other potential suspects.
Bill Avery and Steven Avery Jr. gave an interview about their father
Steven Avery's twin sons participated in an interview with "Crime Watch Daily" in 2016. Bill Avery and Steven Avery Jr. discussed what it was like having an imprisoned parent who is at the center of such a high-profile case. Bill told host Melissa Moore, the daughter of "Happy Face Killer" Keith Jesperson, "I just see him as a complete stranger. I know that he's my father, but I grew up without a father for so long that it just kind of feels like I don't have [one]."
Steven Jr. explained that they did see their dad in prison when they were younger, but stopped going after their behavior was apparently deemed an issue. "We never sat still, always bugging other inmates," he said. Bill added that he stopped reaching out after he learned their dad wrote a threatening letter to their mom. When asked if they believed their father had killed Teresa Halbach, Steven Jr. replied, "I have no idea...only one person can answer that, and that is Teresa. But she can't answer it no more." Bill said he guesses it's possible.
It goes without saying, but "Making a Murderer" has brought a lot of attention to their family. "It sucks having everything out in the open like that. At the same point, it's good because a lot of people see a little bit of a bigger picture," Steven Jr. said.
Steven Avery's post-conviction lawyer proposed evidence pointing to new suspects
As reported by the Milwaukee Journal Sentinel at the time, Steven Avery's defense attorney, Kathleen Zellner, filed a second motion for a new trial in June 2017. Sheboygan County Judge Angela Sutkiewicz denied that motion on October 3, 2017. In response, Zellner proposed new evidence connected to Avery's nephew, Bobby Dassey, and Halbach's ex-boyfriend, Ryan Hillegas. She noted that Bobby told his older brother Halbach had left the property and that he'd viewed images of Halbach, violent porn, and dead women. On the other hand, the document explained that Hillegas had the victim's day planner, which she had made notes in on the day she went missing. Zellner also claims that a new witness reported Halbach's Toyota parked near a state highway on November 4 and 5 in 2005, contradicting the theory that she never left Avery's property.
In a statement to Newsweek, Zellner wrote, "The deeper we dig into the Avery conviction the more evidence we uncover of his innocence. It does not matter how long it takes, what it costs or what obstacles we have to overcome—our efforts to win Mr. Avery's freedom will never stop. Giving up on his case would be accepting that someone else got away with murder and our justice system is just too incompetent, indifferent and/or inflexible to recognize this huge mistake and rectify it."
Steven Avery's lawyer called out the Wisconsin Court for not responding to her
On November 16, 2017, attorney Kathleen Zellner asked Sheboygan County Judge Angela Sutkiewicz again to reconsider her October 3 decision. In a 113-page document, Zellner told the circuit court that it failed to address several issues raised in the petition. Additionally, the court neglected to reply to a Motion to Vacate the October 3, 2017, order. That motion was filed because Zellner and the Attorney General prosecutors agreed to conduct additional scientific testing and to amend the petition. At this point, the court had also not responded to their first motion for reconsideration for a new trial, the October 31 supplement, or the amendments filed in early November 2017.
Zellner wrote, "Today is Mr. Avery's last attempt to elicit a response from this Court. Tomorrow, Mr. Avery will file his notice of appeal from the Court's October 3, 2017, order." The document also noted that Steven Avery had been in prison for 4390 days at that point for a crime he did not commit. According to the Milwaukee Journal Sentinel, Sutkiewicz denied the motions in August 2019. In July 2021, the Court of Appeals ruled in agreement with the circuit court's decision, determining that Avery's claims weren't enough to grant him a hearing. The Wisconsin Supreme Court declined to review the previous ruling.
An Australian businessman befriended Steven Avery
In 2015, Mark Hoddinott, owner of Hoddinott Consulting, launched a Change.org petition calling for a retrial for Steven Avery. A few years later, he attended a rally in Manitowoc in support of Avery and Brendan Dassey. And in 2019, Hoddinott began visiting Avery behind bars — and it isn't a quick trek either.
In 2024, Hoddinott told Patch that he travels from Australia to Wisconsin to visit Avery in prison multiple times a year and stays for about two weeks at a time. He believes Avery is innocent. "I've been a very keen observer of Steven's body language, and the way he would speak about October 31 (the day Halbach disappeared)," Hoddinott said. "Steven is quite astute when it comes to his legal matters. And he will say, 'I don't know.' He never tries to blame anyone. He says, 'All I know is that I didn't do it.' If Brendan Dassey does not give that confession, there's nothing supporting the case against Steven. And I call it (the confession) child abuse."
He also praised the work Avery's post-conviction attorney Kathleen Zellner has done, and he was happy to hear that the previously mentioned circuit court judge Angela Sutkiewicz took herself off of Avery's case. Furthermore, Hoddinott spearheaded the posting of multiple billboards across Manitowoc County offering a $100,000 reward for information leading to Halbach's real killer. "It's a just a reminder to people," he explained. "I'm sure some of the inquiries that Kathleen Zellner has received have been triggered by the billboards...The more awareness you can keep this thing in people's minds, the better."
A witness claimed he saw two men move Teresa Halbach's vehicle
In 2021, a former Gannett Wisconsin newspaper delivery route driver signed an affidavit attesting that he saw Bobby Dassey — Avery's nephew and Brendan Dassey's older brother — and another man move Teresa Halbach's Toyota to Avery's property. He also said that he notified the Manitowoc County Sheriff's Office at the time of the victim's disappearance. Per Patch, Avery's post-conviction attorney Kathleen Zellner filed a motion in April 2021, accusing prosecutors of hiding a critical piece of evidence that could bolster the defendant's case.
Zellner told Patch, "This is an evidence bombshell in the Avery case...I think Steven Avery never would have been convicted had this evidence been known during his trial, and it destroys Bobby Dassey's credibility and links him to the crime." According to her motion, Thomas Sowinski claimed he saw "a shirtless Bobby Dassey and an unidentified male, suspiciously pushing a dark blue RAV-4 down Avery Road towards the junkyard." The Wisconsin Court of Appeals District II denied the motion.
Steven Avery's mother died in 2021
Steven Avery's mother, Dolores Avery, died on July 8, 2021. As attorney Kathleen Zellner shared in an Instagram post, "Fate dealt another cruel blow to Steven Avery today right before his birthday tomorrow; his mother Dolores Avery passed away at 6:50 am. He needs your support now more than ever." According to her obituary, Dolores was 83 when she died in the care of Hamilton Health Services.
Zellner also shared a recording of a phone call between Australian financial advisor Mark Hoddinott and Steven on Instagram. During the call, Steven expressed gratitude for his supporters and his love for his mother. "When my mom passed away, she came to see me, and she was in my room, and she wanted to know if I was safe...She was my world – the best mom in the whole world," he said. As seen in "Making a Murderer," Dolores stood by her son, confident in his innocence throughout the docuseries. Under Zellner's posts, a number of supporters expressed their condolences.
Steven Avery was transferred to a new prison
On June 21, 2022, Avery was moved from Waupun Correctional Institution, a maximum security prison, to Fox Lake Correctional Institution, a medium security prison. His attorney Kathleen Zellner made the request, as reported by WEAU. After the move, Zellner shared the news on X, writing, "Steven Avery moved to medium security prison in Wisconsin. So happy for Steven. We made the request 6 weeks ago. The next step is getting him home. New petition is coming. #TruthWins"
The shift provided Avery with more access to vocational programs. Inmates at medium security prisons are able to spend more time outside of their cells due to the programs. Maximum-security prisoners are typically only released from their cells for one hour each day and are under strict monitoring. Some social media users chimed in under Zellner's post, sharing their support for her client, thoughts on the documentary, and reactions to the transfer news. One X user wrote to Zellner, "OMG!!! That is incredible!!!! We love you for everything you are doing for him. Thank you so very much!!! Steven we love you and continue to stay strong!!!" A number of the comments on Zellner's posts about Avery seem to come from users who believe he is innocent.
The Wisconsin Court of Appeals ruled on Steven Avery's third appeal
In August 2022, Steven Avery's defense team filed their third motion with the Manitowoc County Circuit Court, requesting an evidentiary hearing. The defense team maintained that Avery was framed by his nephew, Bobby Dassey, who then testified against him in his trial. The motion was denied again in 2023, so Kathleen Zellner filed another appellant brief with the State of Wisconsin Court of Appeals the following year. In the brief, the attorney explained the basis for the appeal, writing, "Mr. Avery appeals the circuit court's denial of his amended third postconviction motion because the opinion erroneously relies upon false facts and misapplies the law in denying Mr. Avery's request for an evidentiary hearing." The circuit court erroneously based its denial on Brendan Dassey's confession, which was not used in Avery's trial, and that forensic evidence linked Brendan to the crime, which it did not. In response to the previously mentioned witness who claimed to see Bobby moving Teresa Halbach's vehicle after her disappearance, the circuit court proposed that Bobby was helping his uncle hide evidence — a notion that Zellner called "irrational" in her brief.
The Milwaukee Journal Sentinel reported that Avery's team also requested that the circuit court allow them to perform DNA tests on multiple areas within Halbach's vehicle. The defense and prosecution agreed to dismiss that motion in July 2024. On January 15, 2025, the State of Wisconsin Court of Appeals agreed with the lower court's decision to deny Avery an evidentiary hearing. According to the Post Crescent, following the decision, Zellner posted on X that they'd be filing a motion with the Supreme Court, again.
The Wisconsin Supreme Court responded to Steven Avery's third appeal
Steven Avery's attorney presented three issues with the lower courts' decisions to the Supreme Court in her February 2025 petition. The document asks the court to consider whether the Court of Appeals "misapplied" the standard for evaluating newly discovered evidence on postconviction, set impossible standards for evidence of a new suspect, and violated Avery's rights by denying him an evidentiary trial. The document reads, "Both courts failed to conduct any analysis of whether Mr. Avery pled sufficient facts to warrant an evidentiary hearing on his newly discovered evidence. Instead, the lower courts weighed Mr. Avery's evidence as if it had already been presented during an evidentiary hearing."
The Wisconsin Supreme Court declined the petition for it to hear an appeal from Steven Avery in May 2025. WBAY reported that Zellner posted on X that she expected the outcome. The Supreme Court, as usual, did not provide a reason for its ruling.
What Steven Avery's life is like behind bars
In 2016, Lynn Hartman, who was formerly engaged to Steven Avery, appeared on "Dr. Phil" when her then-fiancé called in. He then had a conversation with Dr. Phil McGraw, a talk show host who is no stranger to controversy. While Dr. Phil has been known to take things too far on his show, this particular interview was brief. "The inmates have treated me pretty good," Avery said when asked about how "Making a Murderer" has shaped his experience behind bars. "I think my life is back on track."
Six years later, Avery's other ex-fiancée Sandy Greenman told A&E that Avery was a cooperative and well-behaved inmate at maximum security Waupun Correctional who never got in trouble and voluntarily remained in his cell. "He has not had one ticket [infraction] in almost 35 years of being incarcerated. ... He doesn't go to [recreation] mainly because he doesn't wanna go to rec; that's his own choice. He does get to the law library once in a while."
She also shared that at that time, despite the circumstances, Avery was choosing to remain positive and had a lot of support. "Steven...doesn't look at his sentence as a life sentence," Greenman said. "He just knows he's going to be set free and it may take a long time. It may take many more years, but he's still positive he's going to be set free. He knows he's innocent." She noted that he often exchanges letters with supporters and talks to them on Zoom. Greenman also runs a private Facebook group, "Steven Avery is INNOCENT." As of writing this, the group has over 38,000 members.
What's next for Steven Avery
Following the Wisconsin Supreme Court's May 2025 denial, Steven Avery's post-conviction attorney, Kathleen Zellner, said she will be filing a petition in federal court, as reported by the Milwaukee Journal Sentinel. This would be the first time he has taken his appeal beyond the state of Wisconsin to the federal level. Zellner will likely file a petition for writ of certiorari to the U.S. Supreme Court. If the petition is approved, the lower court will have to send up the record of Avery's case for review.
According to the U.S. Courts website, there is no guarantee that the case will be heard. What's more, the Court typically receives over 7,000 petitions annually, but only accepts about 2% of the submissions. However, the website does note that if the case has "national significance," it could boost its chances of being heard by the Supreme Court.
If you or anyone you know has been a victim of sexual assault, help is available. Visit the Rape, Abuse & Incest National Network website or contact RAINN's National Helpline at 1-800-656-HOPE (4673).