1996 blood vial

## Investigative info

### Date first found

"made aware" on 20 July 2006 (possibly earlier), first seen on 14 December 2006.

### Found by

Avery's defense

The 1996 **blood vial** is a vacutainer tube containing Steven Avery's blood. The blood was drawn in 1996 and the vial was later stored at the Manitowoc County Clerk of Courts office. In season 1 of *Making a Murderer* it is suggested that a law enforcement officer, James Lenk of Manitowoc County Sheriff’s Department, knew where the vial was being held and had stolen some blood from it by making a hole in the rubber cap on top of the tube. The stolen blood was then said to have been planted by James Lenk in the victim's car, which was also said to have been planted.

In season 2 Zellner explains she decided to drop this theory in favour of a theory involving blood in Avery's sink.

## Description

The vial is a transparent vacutainer tube with a purple coloured rubber cap at the top to prevent the blood from getting out. The vial contains Steven Avery's blood. The name "Steven Avery" was written on the vial, along with the text "V22 986" which was probably Avery's inmate number at the time the blood was taken. In the center of the purple cap there is a small hole about the size of a needle. The vial was stored in a styrofoam box which was sealed with red evidence tape. The tape showed signs of being cut. The box was resealed using Scotch tape.

## At trial and appeals

### 2007 Steven Avery trial

In January 2007, Judge Willis allowed Avery's defense to present their claim at Steven Avery's trial that either James Lenk or Andrew Colborn, or both of them, took a sample of Steven Avery's blood from the 1996 blood vial and planted it in the victim's car between 3 November and 5 November 2005. The Judge also approved the State's request to test the blood.

At Avery's trial, Colborn took the stand on 20 February, but Avery's defense did not question him about the blood vial, nor did they accuse him of stealing blood from it. Lenk took the stand on 20 February and 21 February. The defense questioned him about the vial, but did not accuse him of planting blood. Strang asked him if he would admit under oath to planting blood and Lenk said he would, but added he found the accusation ridiculous. Strang suggested Lenk may have heard about the vial in 2002, when he signed a transmittal form for deputy Shallue to pick up evidence (not the blood vial) from the Clerk's office related to Avery's 1985 case, and may have seen the vial and told Lenk about it. Lenk denied this and added the first time he heard about the vial was in 2006, when it was discovered.

On redirect examination, prosecutor Kratz asked Lenk if he had ever seen the evidence in 2002, or ever had it in his possession. Lenk denied he ever saw or had it.

On 25 February the FBI had completed their EDTA testing. They found EDTA in the blood in the blood vial, but found no EDTA in the stains in the victim's vehicle that they tested. They presented their results at trial on 5 and 6 March.

### 2016 - 2021 Kathleen Zellner appeals

In 2016 Zellner requested the blood vial in her *Motion for Post-conviction Scientific Testing* and later that year the State agreed to lend her the blood vial. Zellner expressed a desire to test the age of the blood found in the RAV4; did it come from a man in his 40's? Or from someone in his 30's, which Avery was at the time his blood was taken and put in the blood vial.

At the time of filing the motion a reporter asked Zellner what if the blood turns out to be from 2005? Zellner responded “that’s the risk we are taking.”

In her June 2017 motion Zellner argued the blood did not come from the blood vial but rather it came from a sink in Steven Avery's laundry room that Steven said he had bled in. In a footnote in her June 2017 motion Zellner wrote that she indeed intended to test the samples from the RAV4, but ended up not being able to because the samples were too small:

“*Current post-conviction counsel filed a Motion for Scientific Testing on August 26, 2016 and requested, among other tests, to do radiocarbon and DNA methylation testing on Mr. Avery's blood swabs taken from the RAV-4. The purpose of these tests was to determine if Mr. Avery's blood had come from the 1996 blood vial. After receiving the samples, current post-conviction counsel's experts determined that there was an insufficient quantity of blood for these tests. Furthermore, current post-conviction counsel abandoned this effort after determining that the blood planted on the RAV-4 was taken from Mr. Avery's sink in 2005.*”
Contradicting her 2017 footnote, Zellner, in a 2021 interview on YouTube, stated she in fact did had the blood samples tested for age and the result was they belonged to a 43 year old man and that "the blood corresponded 100% with Steven Avery's age."

In a June 2021 tweet Zellner said new DNA methylation report that will soon be released rules out the blood vial as the source:

“*Cannot stop science. Hopefully, Wisconsin allows the New testing in Avery. DNA methylation report released soon by Cornell scientist showing blood vial ruled out as source. @MakingAMurderer⁩ #TruthWins.*”
In September 2021 Zellner tweeted that the blood in the car did not come from the blood vial, but was planted from the sink by the killer:

“*Epigenetic Forensics for Suspect Identification & Age Prediction | Forensic Genomics. This is how we knew Steven Avery’s blood did not come from the blood vial. His blood came from his sink and was planted in TH’s RAV4 by the KILLER. https://t.co/OKfAPhyUfF*”
That same day she deleted her tweet and posted an amended tweet:

“*Epigenetic Forensics for Suspect Identification and Age Prediction |First time DNA methylation on crime evidence. Rules out RAV4 blood from blood vial. Our blood spatter expert opines: applicator used and flakes placed on carpet.⁩ https://t.co/OKfAPhyUfF*”
## Photos

Trial exhibit 450 - box containing blood vialTrial exhibit 451 - box containing blood vialTrial exhibit 471 - blood vial in styrofoam boxTrial exhibit 473 - blood vial in styrofoam boxEvidence photoEvidence photoEvidence photo
## References

1. ↑ *Calumet County Sheriff's Office Evidence List*, page 17
2. ↑ *2016 Motion for Post-conviction Scientific Testing*
3. ↑ State of Wisconsin. *Memorandum in Support of Motion to Exclude Blood Vial Evidence; Or in the Alternative, to Analyze the Vial of Blood*, page 1.
4. ↑ Buting, J. and D. Strang. *Defendant's Response to State's Motion to Exclude Blood Vial Evidence*, page 2
5. ↑ Willis, P. *DECISION AND ORDER ON STATE'S MOTION TO EXCLUDE BLOOD VIAL EVIDENCE*, page 13.
6. ↑ *Avery Trial Transcripts*, day 7
7. ↑ *Avery Trial Transcripts*, day 8
8. ↑ *Making a Murderer* season 2, episode 4 "Welcome to Wisconsin"
9. ↑ Zellner, K. *Motion for Post-conviction Relief*, page 50
10. ↑ "Criminal Justice Natters - Kathleen Zellner" at 22:40 minutes and 26:03 minutes.