A former Naperville woman plays a key role in the ongoing Netflix blockbuster series “Making a Murderer,” as the show explores whether a man could be convicted twice for crimes he did not commit.
Penny Beerntsen, who now lives in Door County, Wis., came to Naperville in 2004 when her husband, Tom, was named chief operating officer of the Heritage YMCA group, which served Naperville, Aurora and Oswego. Those facilities now are part of the YMCA of Metro Chicago.
Penny Beerntsen’s connection to the documentary television series stems back to a time when she was living in Manitowoc County, Wis. On July 29, 1985, she was sexually assaulted and beaten while jogging along Lake Michigan in the town of Two Rivers. In a police lineup, Beerntsen picked out Steve Avery as the man who committed the crime and he was subsequently convicted.
DNA evidence later exonerated Avery, after serving 18 years of a 32-year sentence, according to Naperville Sun news reports. Another man was ultimately convicted. It is Avery’s wrongful conviction that sets the scene for the Netflix series.
That’s largely because three years after his release, Avery was arrested again. This time he and his nephew were charged with the killing of a 25-year-old photographer, whose burned remains were found in a fire pit next to Avery’s trailer, according to Sun reports. Both were found guilty and sentenced to life in prison.
The Netflix series outlines potential blunders and missteps taken by investigators and law enforcement officials that could mean the same man was twice convicted for crimes he did not commit.
Beerntsen did not return calls for this story, but Michael Griesbach, assistant district attorney for Manitowoc County, said he believes Avery was involved in the photographer’s death. Griesbach is author of “The Innocent Killer,” a book about Avery and his convictions.
“Lightning doesn’t strike twice,” Griesbach said. “He was not wrongly convicted a second time.”
Griesbach said he was the first person to tell Beerntsen that the DNA evidence from her attack exonerated Avery, which he described as a tough situation.
However, Beerntsen “turned what would destroy some people’s lives into a mission to serve,” Griesbach said.
During her time in Naperville, Beerntsen was an active speaker and volunteer with Northwestern University’s Medill Innocence Project, which works to exonerate those wrongly convicted. She now is involved with Innocence Project Wisconsin, as is Griesbach, he said.
Beerntsen recalled in a 2010 Naperville Sun story how she felt when she learned her testimony had helped lock up the wrong man.
“I was devastated. I knew Steven Avery wasn’t a Boy Scout, but nobody should serve time for a crime they didn’t commit,” Beerntsen said.
“I just wanted the earth to swallow me. I swear that day was harder than the day I was assaulted.”
Twitter: @GenevieveBook
