Steven Avery's June 2022 mug shot. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) — Steven Avery will not get a hearing to argue there’s an alternate suspect responsible for the murder of Teresa Halbach, a state appeals court ruled Wednesday.
Avery, 62, is serving a life sentence for the 2005 murder of Halbach, a freelance photographer. Avery has maintained his innocence, but every appeal, to this point, has been denied. That now includes today’s decision.
Avery’s attorney argued the conviction should be overturned or a new hearing granted to examine what she claims is evidence there is an alternate suspect actually responsible for Halbach’s death.
But in a 22-page decision, the appeals court rejected the argument.
(Efforts by a suspect to place blame on a third party are called “Denny” motions for the case which established the requirements for such evidence to be allowed.)
“Because Avery’s postconviction motion did not allege sufficient facts to satisfy the Denny requirements for third-party perpetrator evidence, the Sowinski evidence is not material and therefore does not satisfy the newly discovered-evidence test. We therefore do not determine whether the “evidence is not merely cumulative” (the fourth factor) or whether a reasonable probability exists that a different result would be reached at a new trial. Avery’s motion is insufficiently pled,” the court wrote. “On appeal, Avery argues his motion was sufficiently pled to warrant an evidentiary hearing. We disagree and affirm the circuit court’s order.”
Wednesday’s ruling could be appealed to the Wisconsin Supreme Court.
In response to the ruling, Avery’s attorney Kathleen Zellner took to Twitter:
If not appealed, the next action in the case could be reactivation at the circuit court level of a motion asking for scientific testing related to evidence on Halbach’s vehicle. That has been on hold, pending the appeals court case. Waushara County Judge Guy Dutcher is currently assigned to handle that aspect of the case.
Avery’s nephew, Brendan Dassey, was also convicted. Dassey’s appeals have all been rejected, and he has none pending.
Their cases received worldwide attention with the 2015 release of the Netflix series “Making A Murderer.”
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