In a case with so much physical evidence pointing to guilt, Avery’s defense was necessarily “All the evidence was planted.” However, the case against Avery is not solely based on DNA. Avery’s behavior, both before and after his appointment with Teresa, is further circumstantial evidence of his guilt.
Avery first met Teresa on June 20, 2005. He did not set up any further appointments with her until August 22, the first Monday after his fiancée Jodi went to prison. (Teresa worked for Auto Trader on Mondays.) He set up another appointment the next week, August 29, and again on September 19, October 10, and October 31. By the final appointment, he had apparently run out of his own cars to sell, and had to argue with Barb to sell her van in Auto Trader. She had wanted to keep the van for her sons, and thought paying for Auto Trader was a waste of money. This appointment schedule certainly makes it look like Avery had an interest in Teresa, and used his fiancée’s absence as an opportunity to see Teresa often. It is also impossible to “plant”, without getting both Auto Trader employees and Barb in on the framing plot.
During Avery’s appointments with Teresa, he reportedly made Teresa feel uncomfortable. He came to meet her on two occasions wearing only a towel, and showed her a wall of women’s photographs, telling her one day she would be up on his wall too. (The linked document has last names redacted for privacy.) This is further evidence of Avery’s interest in Teresa that cannot be planted without involving Teresa’s coworkers.
On October 9, the day before setting up an appointment with Teresa, Avery purchased handcuffs and leg irons from a sex shop. On October 10, Avery uploaded and printed a picture of his erect penis. Based on when Teresa told her coworkers about Avery wearing only a towel and telling her she’d be on his wall, those events may also have occurred during the October 10 appointment, but her coworkers were not sure. This seems to indicate Avery had plans for the October 10 appointment, whatever they were, and again could not be planted without involving sex shop employees and Teresa’s coworkers.
As Avery’s fiancée was in prison, his calls with her were recorded, and give further evidence implicating Avery. On October 30, Avery tells Jodi Brendan is over and they are setting up scanners. Police scanners were found next to his bed and in his living room. As Avery did not drive the tow truck for the yard, there is no explanation as to why he suddenly needed to be able to monitor police radio traffic from anywhere in his trailer, the night before Teresa’s murder. On October 31 at 5:36pm, Avery tells Jodi he is cleaning. At 8:57pm, he tells her he is outside with Brendan. He also mentions he wants to repaint the garage. These calls confirm he was with Brendan that night, he cleaned that day, and he apparently had a sudden desire to repaint the garage he would later be accused of shooting Teresa in. The next day Steven tells Jodi the Rug Doctor is acting up and he wants to return it. Not only did he clean on October 31, the deep-clean continued into the next day with a carpet shampoo, and he presumably did return the Rug Doctor as it was not found in his trailer- vanished along with whatever evidence it contained. While his trailer was certainly cluttered, it appeared very clean in evidence photos. The carpet was immaculate, laundry room was glistening, living room was freshly dusted. These phone calls confirm that the night before meeting with Teresa, Avery had a sudden desire to monitor police activity from his bedroom, and spent the night of October 31 and the next day deep-cleaning and pondering painting the garage. As recordings of these calls were turned over to defense, they were impossible to “plant” without imitating Avery and Jodi’s voices and convincing Jodi to go along with it.
Avery used *67 twice when calling Teresa on October 31. As he had set up hustle shots with her directly in the past, she already had his phone number. It was in fact the number he listed in his Auto Trader ads. His trial attorneys tried to explain his use of *67 as a concern for privacy due to being a local celebrity, but this explanation falls quite flat when he is publicly listing his name and number in Auto Trader. Avery has recently claimed he didn’t want Teresa to feel pressured to return his call when seeing his name on caller ID, but you generally don’t call someone twice within eleven minutes if you don’t care about getting in touch with them. (It should be noted that link is to Avery’s first affidavit; he has since changed his story twice more in his second and third affidavits.) We have evidence that indicates Avery is trying to hide the fact that he called Teresa that day, that cannot be planted without involving Cingular Wireless techs who testified at Avery’s trial.
Avery did not go back to work after meeting with Teresa. He said his usual schedule was to work until 5pm, then have dinner at his mom’s. He did neither of things on October 31. In fact, he was seen by multiple witnesses burning things in both his burn pit and burn barrel. Brendan testified to helping Steven bleach his garage floor on October 31, and has not recanted this portion of his testimony to this day. His bleach-stained jeans were even collected as evidence. Avery denied having burned anything recently in his earliest interviews, until so many witnesses came forward he was forced to admit it. He was seen having cleaned up and changed clothes in the evening, and seen moving things around in his garage. If he had simply followed his normal schedule, he would’ve had a strong alibi for the hours after Teresa’s appointment. Instead he had none, and was in fact seen doing things related to the destruction of evidence. This would’ve been an exceptionally lucky break for the “framers”.
No single one of these pieces of evidence proves Avery’s guilt. But taken together, they paint a picture of a man who had an interest in Teresa, killed her, and spent the next few days cleaning and trying to destroy evidence. None of these pieces are “plantable” without involving numerous uninterested parties in the plot. How lucky would the framers have to be- and how unlucky would Avery have to be- for all of these pieces to fall into place to make Avery look guilty?