'Making a Murderer' subject Steven Avery denied new trial
http://nypost.com/2017/10/03/steven-avery-denied-new-trial-in-making-a-murderer-case/
"Making a Murderer" subject Steven Avery has been denied a new trial for the murder of Teresa Halbach after a judge ruled there was not sufficient evidence to warrant one.
Sheboygan County, Wisconsin, Judge Angela Sutkiewicz issued the ruling Tuesday, saying, "The defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice," according to ABC affiliate WBAY.
The judge also stated that "no further consideration will be given to this issue."
But Avery's attorney, Kathleen Zellner, said he's not giving up.
"We are filing an amended petition because we have additional test results and witness affidavits. The scientific testing is not completed. We remain optimistic that Mr. Avery's conviction will be vacated," Zellner said in a statement to WBAY.
Avery and his nephew Brendan Dassey were each convicted of first-degree intentional homicide during separate jury trials in 2007. Prosecutors said the duo raped and murdered Halbach, a freelance photographer, on the Avery family's salvage yard in Mishicot, Wisconsin.
http://nypost.com/2017/10/03/steven-avery-denied-new-trial-in-making-a-murderer-case/
MADISON, Wis. — A Wisconsin man convicted in the killing of a woman that was the focus of the hit Netflix series ”Making a Murderer" was denied a request for a new trial Tuesday.
Steven Avery's attorney said she planned to present new evidence to the court to try and revive his request after it was rejected by a state circuit judge. Avery had argued that his conviction in the 2005 death of photographer Teresa Halbach was based on planted evidence and false testimony.
”We have additional test results and witness affidavits," Avery's attorney Kathleen Zellner said in a statement. ”The scientific testing is not completed, we remain optimistic that Mr. Avery's conviction will be vacated."
Sheboygan County Circuit Judge Angela Sutkiewicz said in her ruling that based on the evidence presented so far, Avery failed to establish grounds to warrant a new trial. Avery argued that new scientific tests cast doubt on evidence submitted at his trial, presented alternate theories about the killing and questioned motives of police.
Given the totality of evidence submitted at the trial, no reasonable probability exists that a different result would be reached at a new trial, the judge said.
Wisconsin Attorney General Brad Schimel praised the decision, saying it ”brings us one step closer to providing justice to Teresa Halbach's family." He said the Department of Justice would continue to vigorously defend Avery's conviction.
Avery, 55, was sentenced to life in prison after being convicted of first-degree intentional homicide in the 2005 death of Halbach, a 25-year-old photographer.