7 ' rn2002, with the assistance of the Wisconsin Innocence project,
Avery conunenced new DNA tests which would ultimateiy exonerate him from the
1985 wrongful conviction, and indeed match the DNA profile of Gregory Allery who
was then incarcerated for a subsequent sexual assault and, it furns out, had been a
suspect in the 1985 case all along. In the course of those efforts of the Innocence
Project' the former Manitowoc Counfy District Attorney, E. James Fitzgerald , and.
members of Avery's defense team, and perhaps others, met and opened packages
of evidence in the 1985 court file, with the court's approval, to determine what to
send out for additional tests. Notations on the outside of the white box contairi^g
Avery's blood vial indicate that DA Fitzgerald opened the box at l2:2sp.m. onJune
19' 2002' and closed it again two minutes later. It is believed that the evidence tape
seal was broken at that time so the parties could discover the contents. It is believed
that when the vial of Avery's blood was found, the box was simply closed and not
i ro) t.l
sent out for testing as the crime lab already had Avery's DNA profile on record. The
notations on the box do not indicate how the box was re-closed, but there does not
appear to be another layer of evidence tape placed over the existing broken seal.
Instead it appears the box simply was closed with a small piece of (easily removable)
scotch tape' Records reflect that the officer who prepared the transmittal of evidence
form for the transfer of the court exhibits to the Crime Lab on septembe r 1g,2002,
was none other than,,Det. Sgt.James Lenk.,,
http://www.stevenaverycase.org/wp-co...nted-Blood.pdf