Tuesday, 17 October, 2017

Wisconsin judge denies Steven Avery's request for a new trial

Steven Avery's request for new trial denied by judge Inc. All rights reserved. This material may not be published broadcast rewritten or redistributed
Christy Curtis | 05 October, 2017, 00:40

A Wisconsin judge on Tuesday denied "Making a Murderer" subject Steven Avery's request for a new trial for the murder of Teresa Halbach.

Sheboygan County Judge Angela Sutkiewicz ruled, though, that "the defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice".

Both Avery and nephew Brendan Dassey have been convicted for Halbach's murder, though both have attempted numerous appeals.

Avery's attorney, Kathleen Zellner, told WBAY-TV in Green Bay, Wis., that she plans to file a new petition because she has new test results and witness affidavits.

Avery was sentenced to life in prison after being convicted of first-degree intentional homicide in the 2005 death of photographer Teresa Halbach in Manitowoc County, Wisconsin.

The documentary centred on the investigation and subsequent conviction of Avery after the remains of Ms. Halbach were found on his property.

The judge, however, ruled that there was no reasonable probability that a different result would be reached in a new trial given the amount of existing evidence submitted.

Zellner believes that Hillegas should have been more closely investigated because he had a motive and no alibi for his whereabouts on the day of Halbach's murder.

Dean Strang, one of Avery's trial lawyers, said he and Avery's other trial attorney, Jerry Buting, are glad that Zellner filed the motion and its supporting documents.

"The scientific testing is not completed". A judge overturned Dassey's conviction last year, ruling that investigators took advantage of the then-16-year-old Dassey's cognitive disabilities and tricked him into confessing. The court later determined he should remain in prison while Wisconsin appeals the overturning of his conviction. Near the end of 2015, a 10 part Netflix documentary on the case raised questions amongst the public regarding his guilt.

Both Avery and Dassey maintain their innocence.

Those who worked on the cases accused the filmmakers of leaving out key pieces of evidence and presenting a biased view of what happened.

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