Avery continued to maintain his innocence in the Beerntsen case. In 2002, after serving eighteen years (the first six concurrently on the prior endangerment and weapons convictions), the Wisconsin Innocence Project used DNA testing – not available at the time of Avery's original trial – to exonerate him and to demonstrate that a different suspect, Gregory Allen, had in fact committed the crime. Allen, who bore a striking physical resemblance to Avery, had committed an assault in 1983 at the same beach where Beerntsen was later attacked in 1985, and was under police surveillance during the period of Beerntsen's assault due to his history of criminal behavior against women. However, Allen was never a suspect in the Beerntsen case, and he was not included in the photo or live lineups presented to Beerntsen.
