Steven Avery's June 2022 mug shot. PC: Fox 11 Online
(WTAQ-WLUK) — Steven Avery continued his push Tuesday for another hearing or new trial related to his conviction for the murder of Teresa Halbach, with a new brief to the state appeals court.
Avery is serving a life sentence for the 2005 murder of Halbach, a freelance photographer. His nephew Brendan Dassey was also convicted. Their cases received worldwide attention with the 2015 release of the Netflix series “Making A Murderer.”
Avery’s attorney is appealing a ruling denying him a new trial or hearing on claims there is an alternate suspect actually responsible for Halbach’s death.
His attorney, Kathleen Zellner, filed her initial arguments in March. Prosecutors replied last month. On Tuesday, Zellner filed her response to the state’s brief.
In it, she again argues Avery should be allowed to introduce evidence of an alternate suspect they believe is actually responsible for Halbach’s murder.
“There is a reasonable probability that presenting Mr. Avery’s newly discovered evidence undermines confidence in the outcome of Mr. Avery’s trial,” Zellner wrote. “Mr. Avery respectfully requests that this Court grant him one of the following alternate remedies: 1) reverse the Orders Denying Postconviction Relief and grant an evidentiary hearing; 2) reverse the judgments of conviction and the orders denying Postconviction Relief and remand for a new trial; 3) grant any other relief this Court deems appropriate.”
No oral arguments are scheduled in the case. There is no set timeline for when the appeals court will make a decision, although it typically takes several months before a ruling is issued.
Separately, Avery’s attorney wants a Manitowoc County judge to order scientific testing relating to evidence on Halbach’s vehicle. However, that motion will wait for the alternate suspect motion to be decided by the Court of Appeals.
Dassey has no appeals pending.
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