John Lee

Post-Crescent staff writer

This story was originally published by The Post-Crescent on Feb. 15, 2006.

Steven Avery and Manitowoc County have settled Avery's $36 million civil lawsuit against the county and former officials, and the suit has been dismissed.

Attorney Ray Pollen, who represents former Sheriff Thomas Kocourek, said Avery and his attorneys, Walter Kelly and Stephen Glynn, have agreed to "dismiss all claims against the county" in return for $400,000.

Pollen said the county's insurers agreed to the settlement to "buy finality." He said the county officials acknowledge no wrongdoing in the deal.

The DNA science that exonerated Avery in 2003 after he spent 18 years in prison didn't exist when he was convicted, Pollen said.

Avery, of rural Mishicot, is jailed in Calumet County. He awaits trial Sept. 5 on homicide-related charges in the Oct. 31 disappearance and death of Teresa Halbach, a 25-year-old freelance photographer from St. John in Calumet County.

Glynn, of Milwaukee, who represents Avery in the federal civil case, said Avery needs bail money in the homicide case and wants to hire a private attorney. He's represented by public defenders Erik Loy and Craig Johnson in the criminal case.

Pollen said a stipulation to dismiss the civil case was filed electronically in federal court late Tuesday afternoon and Judge Lynn Adelman is expected to rule on the case soon.

The suit said the county, Kocourek and former Dist. Atty. Denis Vogel were negligent in the investigation and prosecution of Avery on a 1985 sexual assault charge.

The agreement was reached Monday afternoon in U.S. District Court in Milwaukee. An order for dismissal still to be signed by Adelman says the case will be dismissed "on their merits, with prejudice and without costs, fees or disbursements."

Dismissing a case with prejudice means it cannot be filed again.

The order asks the court to retain jurisdiction over the case to decide attorneys' fees and costs.

The Associated Press contributed to this report.