MADISON, WI (WTAQ-WLUK) – Steven Avery’s attorney renewed her arguments Thursday that he deserves a new trial or have his conviction overturned for the 2005 murder of Teresa Halbach in rural Manitowoc County.
Avery’s most recent appeal, filed in October, argued 10 issues including: that additional scientific testing should be allowed, that Sheboygan County Judge Angela Sutkiewicz erred in denying a new trial on due process claims, the circuit court erred by not properly addressing a claim of ineffective assistance of trial counsel, that the judge erred by denying a motion without a reply from the state or a hearing.
The state filed its response in May, arguing all of the motions should be denied.
Avery’s 49-page reply brief was filed Thursday by attorney Katheen Zellner, she announced in a Tweet.
“Steven Avery (“Mr. Avery”) has spent 5,343 days (128,232 hours) behind bars for his second wrongful conviction. He has endured the mental anguish of knowing that he is innocent and his constitutional rights to a fair trial were violated,” she wrote in her introduction, according to a copy she provided.
“For the reasons stated herein, Steven Avery respectfully requests that this Court grant him one of the following alternative remedies: 1) reverse the Orders Denying Postconviction Relief and remand for the State to file a response to the Motion for Postconviction Relief and order additional scientific testing per the September 18, 2017 agreement and/or grant an evidentiary hearing; 2) reverse the judgments of conviction and the orders denying Postconviction Relief and remand for a new trial,” Zellner wrote.
No hearings have been scheduled before the appeals court. There is no set timeline for the appeals court to issue a ruling.
Avery’s nephew, Brendan Dassey, was also convicted. His appeals have been denied, and Gov. Tony Evers has rejected his request for a pardon.
Avery and Dassey’s cases received worldwide attention with the 2015 release of the Netflix series “Making A Murderer.”
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