'Making a Murderer' case tainted by investigators, experts say
John Ferak, USA TODAY
There was one simple way to avoid the allegations that Steven Avery was framed, say national law enforcement experts, and that was to keep Manitowoc County Sheriff's officers away from the investigation.
Authorities assured the public from the start of the investigation into the murder of Teresa Halbach in early November 2005 that Manitowoc County wouldn't be involved because of a pending $36 million wrongful conviction lawsuit Avery had filed against the county over his wrongful rape conviction in 1985. Calumet County took over the Halbach investigation and prosecution.
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Once it was known that Halbach had gone missing, Lenk and Colborn disregarded their obvious conflict of interest, experts said. The detectives volunteered to play an active role in the murder investigation that focused from the outset on Avery, their court testimony reflects. Colborn testified he drove out to the Avery Salvage Yard to interview Avery.
“By acknowledging a conflict right at the start, you have to walk the walk and live by that,” said Gregg McCrary, a prominent retired FBI agent who teaches policing at Marymount University in Arlington, Va. “It’s not just something to say, but something to do. The one overriding issue is the integrity of this investigation. You can’t compromise that. This goes to public perception of law enforcement.”
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Consider this:
It was the Manitowoc County Sheriff’s Office — not Calumet County — that initially took control of the Avery junkyard and Halbach's Toyota RAV4 at 10:54 a.m. Nov. 5, 2005. This was about 30 minutes after Halbach's cousin, Pamela Strum, a longtime former private investigator, reported she located the Toyota RAV4 shortly after obtaining permission to search Avery's expansive 40-acre scrapyard, which contained about 3,800 vehicles.
Court documents show Lenk put himself on duty around noon after being made aware of the vehicle's discovery that Saturday.
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Conflict was avoidable
Trainum said Manitowoc County deputies could have remained on the outer perimeter of the Avery property, just like the media or curious spectators gather near a taped-off crime scene.
It would have been acceptable for sheriff's detectives to remain at their offices in downtown Manitowoc to field calls as consultants. They could have given advice to Calumet County including useful background information surrounding Avery, his acquaintances or their knowledge of the Avery Salvage Yard, Trainum said.
By not doing any of that, Colborn and Lenk caused themselves and their agency an enormous conflict of interest. They cast suspicion upon themselves by finding the first significant clue located inside of Avery's bedroom —- the Halbach ignition key also containing Avery's DNA within days of Pagel declaring Manitowoc County would not be directly involved.
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