State of Wisconsin v. William D. Avery

On February 17, 1998, the partially clothed body of Maryetta Griffin, an African American female who abused crack cocaine in the Milwaukee area, was found in an abandoned garage. Griffin died as a result of manual strangulation, likely during the early morning hours of the date her body was found.



In 1998, Avery was a dope dealer, selling crack cocaine out of 2474 North Palmer Street in Milwaukee. Avery sometimes sold drugs to prostitutes through dope dating—selling drugs in exchange for sex.



n the mid–1990's, City of Milwaukee Police Detective James DeValkenaere was assigned to investigate similarities in the murders of perceived street prostitutes, drug addicts or African American women on the north side of Milwaukee, a number of whom had been strangled. During this investigation, Detective DeValkenaere was looking into the possibility that there was one individual responsible for multiple homicides based on similarities in the method of death and in the demographics of the victims. On January 9, 1996, a report was generated within the Milwaukee Police Department as a result of a task force commissioned to review 32 unsolved female homicides which occurred between 1980 and 1995 to determine whether any physical evidence existed that could benefit from DNA testing. The report concluded that there were similarities between recent asphyxiation or suffocation homicide cases of females, including: all were found in or near vacant buildings; all victims had a history of cocaine dependency; all engaged in the practice of "dope dating;” and all frequented the same social clubs. Detectives in the homicide unit had daily briefings where they discussed the possibility that a serial killer was responsible for these murders.

Avery interviews



Initially, there were two people of interest in relation to the Griffin murder: Avery, and a person named Lorenzo Frost. Detective DeValkenaere and Detective Daniel Phillips interviewed Avery on March 23, 1998. During this interview, Avery told the detectives that he didn't kill Griffin and he didn't know who killed her.



According to Avery, Detectives DeValkenaere and Phillips wrote a false and fabricated police report of this interview, stating that he told them he had oral sex with Griffin on February 16, 1998, although Avery told them no such thing, and in fact never had sexual relations of any nature with Griffin. Also according to the report, Avery told DeValkenaere and Phillips that on February 16, he was in the attic of the Palmer Street residence with Griffin where they played dominos together, and she said she would be coming back later in the evening. According to Avery, and contrary to the report, Avery last saw Griffin in the early evening hours of February 16, and he had no interaction with Griffin that day while she was present at the Palmer Street residence.



Detective Phillips interviewed Avery again on March 24, this time with Detective Gilbert Hernandez. During this interview, Avery re-proclaimed his innocence and repeatedly asked to speak to a lawyer.



According to Avery, Detectives Phillips and Hernandez wrote a false and fabricated police report of this interview with Avery, falsely stating that Avery told them he sold "dope” to Griffin February 16; that Avery told them that he was awakened by Griffin going through his pockets and pulling out his money; that he fought with Griffin; that he did not remember what happened but he told "Ronnie” that he thought he "killed this bitch;” and that he was responsible for the murder, but he did not remember.



Later in the day, Avery was interviewed by Detective Katherine Hein (n/k/a Spano). Avery repeatedly told Detective Hein that he didn't kill Griffin and didn't know who did. Detective Hein wrote a fabricated police report of her interview with Avery, falsely stating that she advised Avery of his constitutional rights; that Avery told her that the Palmer residence was used by prostitutes to receive drugs in exchange for sexual relations; that Avery told her he had oral sex, penis to mouth, with Griffin on February 16; and that Avery told her about an incident where a woman known as "Little Bit” was sent out to get alcohol one evening the previous week and falsely reported that this incident happened on February 16.



Keith Randolph was an acquaintance of Avery who assisted him with legal documents while incarcerated. On March 21, 2001, Detective Timothy Heier interviewed Randolph at the Milwaukee Police Department Investigation Bureau. During the course of this interview, Detective Heier supplied Randolph with details about the Griffin homicide, coached Randolph into falsely implicating Avery in the Griffin homicide, and promised Randolph that he would help him get his sentence reduced. Detectives Hein and Hernandez did the same during an October 23, 2003 interview with Randolph at the Stanley Correctional Institution in Stanley, Wisconsin.



Antron Kent was incarcerated during the same period of time as Avery at the Milwaukee County Jail and later at the North Fork Correctional Facility in Sayre, Oklahoma. In July and August of 2002, Detective Kevin Armbruster had more than five telephone conversations with Kent. During these phone conversations, Detective Armbruster supplied Kent with details about the Griffin homicide, coached, threatened, and pressured Kent into making false statements which implicated Avery in the murder, and promised Kent that he would help him get his sentence reduced. This process was repeated during an August 26, 2002 interview at the North Fork Correctional facility, conducted by Detectives Armbruster and Heier; an October 23, 2003 interview at the Green Bay Correctional Institution, conducted by Detectives Hernandez and Hein; and a September 7, 2004 interview at the GBCI, conducted by Detective Heier and Detective Eric Gulbrandson.



When questioned about these interviews during his deposition, Kent invoked the Fifth Amendment and refused to answer. Adverse inferences can be drawn from Fifth Amendment silence in civil proceedings. LaSalle Bank Lake View v. Seguban, 54 F.3d 387, 390 (7th Cir.1995). Such an inference, standing alone, is insufficient to create an issue of material fact that precludes summary judgment. See, e.g., Barker v. Int'l Union of Operating Eng. Local 150, No. 08 C 50015, 2011 WL 6338800, at *6 (N.D.Ill. Dec. 19, 2011). Here, there is more than enough evidence to corroborate the adverse inference that is raised by Kent's invocation of the Fifth Amendment.



Jeffrey Kimbrough was incarcerated during the same period of time as Avery at the North Fork Correctional Facility, although they never had any contact or interaction with each other. Kimbrough was Kent's cellmate and was looking for a reduction in his own criminal sentence. On August 27, 2002, Detectives Armbruster and Heier supplied Kimbrough with details about the Griffin homicide and coached and pressured him into falsely implicating Avery in the murder. The same thing happened during an October 20, 2003 interview at the Prairie Correctional Facility in Appleton, Minnesota, conducted by Detectives Hein and Hernandez.

Avery was found guilty on March 9, 2005, and was sentenced to 40 years in prison.



Avery later alleged that the Milwaukee detectives concocted a fake confession and to induce the jailhouse informants to falsely testify against him.



In April 2010, Avery requested that DNA testing be performed on a sample taken from the victim's mouth. The DNA test revealed that Walter Ellis was the source of the DNA and not Avrey.



Ellis was eventually convicted of killing seven Milwaukee prostitutes but not Griffin. No one was ever charged for her murder after Avery was exonerated. Ellis died in prison in 2013.



Avery was released from prison in May 2010, and the conviction and sentence were vacated and the charges against him were dismissed.



Avery alleged that Milwaukee detectives concocted a fake confession and induced three jailhouse informants to falsely incriminate him—evidence that was ultimately used to convict him. He also claimed that the detectives failed to disclose, as required by Brady v. Maryland, 373 U.S. 83 (1963), impeachment evidence about how they obtained the false statements from the informants. Finally, Avery added a claim against the City of Milwaukee under Monell v. Department of Social Services, 436 U.S. 658 (1978).



Avery was awarded $25,000 by the Wisconsin Claims Board in December 2012.



On June 12, 2015, a jury in the United States District Court for the Eastern District of Wisconsin returned a plaintiffs' verdict in favor of Avery for $1 million.

Avery was eventually awarded $1 million for being wrongfully convicted and incarcerated.