Allan Avery, the father of Making a Murderer subject Steven Avery, has died at the age of 89 while his son remains in prison. Family attorney Kathleen Zellner, who has focused much of her career on wrongful conviction cases, announced his death on social media.
Describing Allan as Steven's "strongest supporter", Zellner said she believed his son is "100 per cent innocent" of the crimes for which he was convicted. Steven's story was featured by Netflix in 2015 and became one of the streaming platform's most discussed true-crime documentary series.
Life sentence and prior exoneration
Steven, now 64, is serving a life sentence without the possibility of parole at Fox Lake Correctional Institution in Wisconsin for the 2005 murder of photographer Teresa Halbach. He had previously spent 18 years in prison for the 1985 rape and attempted murder of Penny Beernsten, only to be exonerated after DNA evidence proved his innocence. That same DNA evidence later identified Gregory Allen as the true perpetrator.
In 2005, Steven was arrested for the murder of Teresa Halbach, whose charred remains were found in a burn pit outside his home. He was found guilty in 2007 of her murder and sentenced to life imprisonment without the possibility of parole, alongside his nephew, Brendan Dassey.
Announcement of Allan Avery's death
Sharing the news of Allan Avery's death on October 23, Zellner wrote on X: "With great sadness, we announce that Allan Avery passed away yesterday. Predeceased by his beloved wife, Dolores, he was his son Steven Avery’s strongest supporter and believed 100 per cent in his innocence. His love and loyalty never wavered. Rest in peace, Allan."
In response, Netflix viewers shared their condolences while commenting on the handling of the court case as presented in the documentary. One user said: "Bless him and condolences. So sad and unjustified that Steven and Brendan are still in prison."
Another user added: "Sad that both his parents are now gone. Sad that he's still in prison to be honest after being set up which is blatantly obvious and always has been." A third user said: "Sad and a current example of the suffering families live through at the hands of a corrupt and broken so-called justice system." One more user added: "Steven still has much support but this is just another massive impact on him - he can’t give up! He must prove them all wrong and right this terrible wrong."
Current status of Steven Avery
Steven Avery is currently incarcerated at the Fox Lake Correctional Institution in Wisconsin, where he is serving a life sentence without the possibility of parole. A Manitowoc County jury found him guilty of first-degree intentional homicide and illegal possession of a firearm by a felon. The jury found him not guilty on a third charge of mutilating a corpse.
In 2026, Avery and his nephew Brendan Dassey submitted a petition for a sentence commutation to Wisconsin Governor Tony Evers. However, Waushara County Judge Guy Dutcher reviewed the request and formally deemed a commutation "entirely inappropriate". Avery continues to maintain his innocence in the 2005 murder of Teresa Halbach, with attorney Zellner working to have his case brought back before the courts.
Brendan Dassey's imprisonment
Brendan Dassey was just 16 years old when he was arrested in 2006 following the murder of Teresa Halbach. Now aged 37, he continues to serve a life sentence at the Oshkosh Correctional Institution in Oshkosh, Wisconsin, with no possibility of parole until 2048.
He was convicted of first-degree intentional homicide, second-degree sexual assault, and mutilation of a corpse. However, according to arguments made in his case, no forensic physical evidence - such as DNA, fingernails, or blood - directly linked Dassey to the crime.
In early police interviews, he said his uncle, Steven Avery, invited him to a bonfire at his burn pit on October 31, 2005. He said they collected wood and other scrap to burn from around their yard before burning it, and that he returned home at around 10pm and slept in his own bed that night. However, investigators continued to ask him questions, without a lawyer or guardian present, with him agreeing to their comments. He later told his mum that he was "guessing" at the answers and apologised for being "stupid" when she asked why he would do this.
In IQ tests, a 16-year-old Dassey scored in the range between 69 and 73, placing him within the "extremely low" or borderline-to-mild intellectual impairment range. Similarly, when Steven Avery underwent an IQ test during the 1985 case, he reportedly scored around 70.
