Toyota RAV4 car key

**The key** is a subkey to the victim’s 1999 Toyota RAV4. It was found on the floor of Steven Avery's bedroom next to a record cabinet. The State argued that Avery had hidden the key in, or attached to, the record cabinet and that it fell out during the search of the bedroom. Avery's defense argued that James Lenk of Manitowoc County Sheriff’s Department planted the key to frame Avery for murder.

Avery's postconviction attorney Kathleen Zellner argued her team was unable to replicate the story the investigators told at trial about the key's discovery, however her team did not use the same record cabinet Avery had.

## Description

    A car key with a black rubber grip attached to a metal key ring and a blue cloth with a black buckle. The buckle can attached to a cord that is supposed to be worn around the neck. This cord was found in Halbach's Toyota RAV4.

The Toyota RAV4 manual says the RAV4 comes with two kinds of key, a master key and a subkey. The master key works in every lock, while the subkey does not work in the glovebox.

## Discovery

On 8 November 2005 three officers; Dan Kucharski of Calumet County and James Lenk and Andrew Colborn of Manitowoc County enter Steven Avery's trailer for a "final thorough search", as instructed by co-lead investigator Tom Fassbender of the DCI.

A "final thorough search" means that unlike previous searches the scene does not have to remain intact and objects can be moved around this time.

The search of the trailer lasted over 2 and a half hours, of which 1 hours was spent in the bedroom. During the bedroom search James Lenk notices a Toyota RAV4 car key lying in plain view next to the record cabinet that he and Colborn had just searched. During previous searches the car key wasn't seen at the location it was now lying.

The cops write down in their reports that the key must've been somewhere in or on the record cabinet. Colborn explained he had moved the record cabinet away from the wall to see if there was anything hidden between the record cabinet and its adjacent desk. The record cabinet was further searched through while it was away from the wall. After the search was complete the record cabinet was put back in almost the same place. The officers believe the key fell out when the record cabinet had been moved away.

## Forensic examination

After it's discovery the car key was sent to the Wisconsin State Crime Lab and examined by DNA Technical Unit Leader Sherry Culhane. Culhane discovered a DNA profile on the key which turned out to be Steven Avery's. She found no other DNA profile on the key.

The DNA on the car key was also known to have been compared to (at least) the DNA profiles of Brendan Dassey, his bothers Bobby, Blaine and Bryan, as well as Barb Janda, Dolores Avery, Earl Avery and Chuck Avery, but no matches.

## Use at trial and appeals

### 2007 Steven Avery trial

At trial the defense questioned the discovery of the key. How come it wasn't found before, during any of the previous five or six entries of the trailer when it was just lying there in plain view? How come it fell from the record cabinet in an angle? And why was there only DNA of Steven Avery on the key and none of the victim?

The prosecution explained that the key wasn't found during the seventh search of the trailer, but rather the second search of the trailer. During the previous six entries the bedroom wasn't always visited, and not every entry was a search. For example there was an entry to check the serial number of Steven's computer in his living room. After it was found the officers left.

About the DNA, the defense pointed out the fact that only Avery's DNA was on the key and raised the question why only one person's DNA can be on the key and it isn't the DNA of the person who supposedly used the key on a regular basis. The State, through their witness forensic scientist John Ertl, explained that it is not unusual when two people handle an object you will find only the DNA of the second handler, effectively saying Steven Avery was the last person to handle the key. Chances increase when the second handler has the object in his possession for a longer period of time.

Several days later Jerry Buting cross-examined Sherry Culhane. Buting tried to claim when multiple people handle an object there should be a mixture of DNA on that object. Culhane disagreed with Buting and said, like Ertl before her, that in her experience you will find the second handler's DNA.

#### Defense

The defense claimed that the valet car key was planted by Lieutenant James Lenk of Manitowoc County Sheriff’s Department. The reasons they provided to substantiate this claim were:

1. the key wasn’t found until the seventh search of Steven’s trailer.
2. the key was found by James Lenk, who the defense also tried to connect to the blood vial and the bullet.
3. when it was found, it lay on the floor right next to the record cabinet where anyone could’ve seen it.
4. the key didn't contain any DNA of it's owner, Teresa Halbach. It only contained DNA of Steven Avery.

#### Prosecution

The prosecution claimed that Steven Avery hid the key somewhere in or near the record cabinet after he obtained it from Teresa Halbach and probably used it to hide the RAV4. In response to the defense's claims the prosecution explained:

1. The seven searches weren't all searches. Most of them were entries. For example the very first entry was a quick 5 minute sweep to look for any obvious signs of Teresa. Another entry was done to obtain the serial number of Steven’s computer, which was in his living room, rather than his bedroom.
2. Lab technicians Sherry Culhane and John Ertl explained that it's not unusual to find only one person’s DNA on an object. Ertl explained that the likeliness of that happening increases when a person has that object in his possession for a longer amount of time. If only one person’s DNA is to be found it will be the last handler’s DNA. Effectively this would mean Steven Avery was the last person to handle the key.
3. It was explained that the record cabinet was moved away from the wall, which would explain the location where the key was found.

### 2016-2023 Kathleen Zellner appeals

In January 2016 postconviction attorney Kathleen Zellner took Steven Avery's case following its portrayal in the Netflix series *Making a Murderer*. Throughout her representation Zellner has been very vocal on social media about the case, which includes tweets about the RAV4 key. Some of Zellner's earlier tweets about the key include:

* 21-01-2016 Yesterday: in bedroom where key was “found.” Room is so small could not have missed unless they searched w/eyes closed. #MakingAMurderer
* 22-01-2016 Culprit had to remove his own DNA from key so TH’s removed in prcess.Rub key on Avery’s clothes for skin cells. Presto #MakingAMurderer
* 20-05-2016 After spending hours in SA's tiny bedroom key suddenly appears. Colborn testifies "Damn how did I miss that." LOL!!!!!!!!! #MakingAMurderer
* 20-05-2016 Btw Colborn was planning his run for Manitowoc Sheriff when that damn key suddenly appeared ...what a piece of luck. #MakingAMurderer
* 20-05-2016 Colborn testified he told Kucharski: "Get a photo of this (key) right away." Guess he knew it had wings. #MakingaMurderer.
* 20-05-2016 Colborn: key was "a very important piece of evidence."That's why his report NEVER mentions finding key #MakingAMurderer #fakeittillyoumakeit

In her tweets Zellner appears to be sceptical of the discovery of the key. She also often mentions Colborn in connection with the key. In August 2016 Zellner filed her *Motion for Post-conviction Scientific Testing*, requesting over 40 items of evidence for postconviction scientific testing with contemporary methods. Among those items was “Item C”, the RAV4 key. Later that year Zellner agreed with the State to lend her just 9 items of evidence, dropping numerous items, however the car key was among the 9 items.

In June 2017 Zellner filed her postconviction motion in which she alleged that Teresa Halbach's friend and former boyfriend Ryan Hillegas had access to the Toyota RAV4 after the murder, which implies, though the motion never states it, that he may have had access to or possession of the car key.

In an August 2018 interview for the book *Wrecking Crew* by John Ferak, Zellner is quoted saying “The tree branches on the RAV show that it was planted by the cops.” implying that the cops had access to or possession of the car key, because they allegedly planted the vehicle that the key belongs to.

In a December 2018 interview with Newsweek, Zellner claimed it was because of her and her team's efforts that the cops were cleared of planting blood, bones, license plates and electronic devices of Teresa Halbach. Leaving other evidence including the car key as possibly being planted by the cops.

In April 2021 Zellner wrote on her X account, "Tomorrow you will find out who really planted Teresa Halbach’s RAV4 on the Avery Salvage Yard." The next day she filed a new motion in which she wrote Bobby Dassey and an unknown older man with a grey beard were seen on Avery Road pushing the RAV4 towards Avery’s Auto Salvage in the early morning of 5 November 2005, hours before a volunteer searcher would discover it. However, since they were pushing the RAV4 rather than driving it, it suggests that Zellner believed Bobby may not have had access to or possession of the car key.

In August 2022 Zellner filed her *Third Motion for Post-conviction Relief* and in it she writes that Bobby Dassey “was in possession of the Halbach vehicle which contained (...) Ms Halbach's key.” and later states “[Bobby] had Ms. Halbach's key (...) which later ended up in Mr. Avery's bedroom.” Interestingly enough, this would mean that law enforcement's often questioned narrative about the discovery of the key was in fact true.

## Timeline of the key

* **2005**
	+ **Monday 31 October 2005**
		- 14:30 (approx.) The victim arrives at Avery’s driving her RAV4.
	+ **Tuesday 8 November2005**
		- 7:30 James Lenk finds the key on the carpet floor of Steven Avery's bedroom, next to a record cabinet. It wasn't seen there before.
	+ **???**
		- Sherry Culhane receives the key and finds Steven's DNA on it. She does not find the victim's DNA.

* **2007**
	+ **19 February 2007**
		- John Ertl testifies that it's not unusual to find only the final handler's DNA on the key.
	+ **26 February 2007**
		- Culhane is challenged by Jerry Buting who insists there should've been a mixture of DNA on the key. Culhane replies "no (...) the last person is going to be the DNA you pick up".

## Photos

trial exhibit 219trial exhibit 316trial exhibit 210trial exhibit 285trial exhibit 286
## References

1. ↑ *CASO Investigative Report*, page 322
2. ↑ *Motion for Post-conviction Scientific Testing*
3. ↑ *Toyota RAV4 1999 Operating Manual*, page 7
4. ↑ Zellner, K., *Stipulation and Order for Independent Scientific Testing*, page 1
5. ↑ Zellner, K., *Stipulation and Order for Independent Scientific Testing*, page 2
6. ↑ Ferak, J. *Wrecking Crew*, page 133
7. ↑ Wynne, K., "Kathleen Zellner Gives Steven Avery Case Update After DNA Testing Is Denied by Wisconsin Courts", *Newsweek*. December 31, 2018
8. ↑ Zellner, K., *Third Motion for Post-conviction Relief*, page 2