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Prosecutor To Hold Off on 2004 Rape Charges Against Steven Avery

For now prosecutors will no decide on whether to pursue an allegation that Steven Avery sexually assaulted a teenage girl in 2004. They will make the determination after Steven Avery stands trial on murder and rape charges against Teresa Halbach.

The teenage accuser agreed with the decision and does not want her allegation prosecuted at this time, District Attorney John Zakowski said.

“We believe this decision to be in the public interest after considering all the circumstances, and certainly in the best interests of the complainant,” he said.

Zakowski was asked to evaluate the sexual assault allegation made in Manitowoc County in August 2004, more than a year before Avery was accused in the murder of Teresa Halbach, also in Manitowoc County.

One wonders whether this rape allegation would have ever seen the light of day if it had not been for Steven Avery’s involvement and arrest in the rape and murder of Teresa Halbach? It would appear that the that due to the release of Steve Avery in 2003 after spending 18 years in prison for a rape he didn’t commit; authorities were none too anxious to try Avery on another rape charge.

Officials in Calumet County initially investigated the rape complaint because of a possible conflict of interest for the Manitowoc County Sheriff’s Department, authorities said. No charges were filed, but the case was referred to Zakowski for more review.

The accuser – a girl over the age of 16 who knew Avery – said Avery had sex with her without her consent, Zakowski said.

“There is no physical evidence,” the prosecutor said. “There is a journal and entries made into the journal. … We may well be in court on this. At this point, we are going to wait.”

In a recent interview with The Associated Press from jail, Avery said he had spent a lot of time hunting and fishing with the girl a few summers ago when she was 16 or 17.

“Then her mom got an idea something was going on,” he said.

Avery said the two never had sex because he was with his fiancà ©, Jodi. “I’m not going to cheat on Jodi,” he said.
(Duluth News Tribune)

Prosecutors will try Steven Avery in the horrific rape, mutilation and murder of Teresa Halbach and seek life in prison. Prosecutors theory most likely will be once this is accomplished there will be no need to prosecute another rape charge against Avery. It is sad though that Prosecutors had shelved this initial rape allegation years ago as they feared bringing any sort of charge against Avery after his “false imprisonment.” One can only speculate whether this only emboldened Avery into thinking he had a license to commit any crime?

April 13th, 2006 at 01:06pm Posted by | Rape, sexual assault, Steven Avery, Teresa Marie Halbach | no comments

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