Allan Avery Dies at 89

The father of Steven Avery died on October 23, 2026, according to an announcement by attorney Kathleen Zellner.

Updated on Nov. 2, 2026 in Criminal Justice

Allan Avery, father of Steven Avery, died at age 89 on October 23, 2026, according to attorney Kathleen Zellner, who announced the death on social media. Steven Avery continues to serve a life sentence without the possibility of parole for the 2005 murder of Teresa Halbach.

Why it matters

The death of Allan Avery comes as his son's case remains in the public eye, including a 2026 petition for sentence commutation submitted to Governor Tony Evers. Wisconsin's criminal justice system continues to weigh the convictions and sentences tied to the Avery and Dassey cases.

Steven Avery is serving a life sentence without parole at Fox Lake Correctional Institution for the 2007 conviction in the 2005 Halbach murder. Brendan Dassey is serving a life sentence at Oshkosh Correctional Institution with no parole eligibility until 2048, and the pair filed a sentence commutation petition with Governor Tony Evers in 2026.

The players

Steven Avery

Steven Avery is a Wisconsin man whose wrongful conviction for a 1985 rape and later murder conviction in the Teresa Halbach case drew national attention through documentaries and streaming series.

Kathleen Zellner

Kathleen Zellner is a Chicago-based criminal defense attorney known for high-profile post-conviction work, who represents Steven Avery and announced his father's death.

Brendan Dassey

Brendan Dassey is Steven Avery's nephew, convicted as a teenager in the Halbach case, whose confession became a central and disputed element of the prosecution.

Governor Tony Evers

Tony Evers is the Governor of Wisconsin, to whom Steven Avery and Brendan Dassey submitted a petition for sentence commutation in 2026.

The details

Zellner announced the death in a post on X, noting that Allan Avery's wife, Dolores, had died earlier. Steven Avery was previously imprisoned for 18 years for the 1985 rape and attempted murder of Penny Beernsten before DNA evidence exonerated him. Waushara County Judge Guy Dutcher has called a commutation "entirely inappropriate."

1985: Penny Beernsten rape and attempted murder case
October 31, 2005: Bonfire at Avery's burn pit described by Dassey in early interviews
2005: Steven Avery arrested for the murder of Teresa Halbach
2007: Steven Avery found guilty of the Halbach murder
October 23, 2026: Allan Avery died; Zellner announced his death

Legal Context

The Avery case became a national reference point after Netflix's 2015 series Making a Murderer drew widespread scrutiny of Wisconsin's handling of wrongful-conviction claims. Allan Avery's death adds a personal milestone to a case that continues to generate post-conviction filings and clemency requests.

The pending commutation petition to Governor Tony Evers means a decision on clemency for Steven Avery and Brendan Dassey could come from the state executive branch. Residents of Wisconsin may see continued public attention and court activity in Manitowoc and Waushara counties as the case moves forward.

The takeaway

The Avery family's history shows how a single criminal case can unfold over decades through appeals, exonerations, and clemency requests. Readers following the case can track court filings and gubernatorial actions as they develop.