MANITOWOC, WI (WTAQ-WLUK) – A judge has denied Steven Avery’s request for her to leave the case.
Avery continues to appeal his conviction for the 2005 murder of Teresa Halbach.
In the most recent legal maneuver, Avery’s attorney requested that Sheboygan County Judge Angela Sutkiewicz – who handles motions at the circuit court level – be taken off the case and replaced with a Manitowoc County judge.
Prosecutors opposed the motion.
In a decision filed Monday, the request was denied.
“At this time, the court finds the defendant’s motion for substitution of the judge to be premature.
The Court of Appeals has ruled that this court should make supplemental findings regarding the evidence submitted to the defense in April, 2018, while it retains jurisdiction of the case.
Should the Court of Appeals rule in the defendant’s favor in his appeal, he may renew his motion for substitution of judge when the court sends the matter back on remittitur,” the judge ruled.
The evidence the judge referred to is a claim by Avery’s team that prosecutors did not turn over a CD with records before the original trial, thereby impeding his defense.
A state appeals court ruled Avery’s attorney has 30 days from a June 7 decision to file arguments on that topic, with the judge issuing a ruling within two months after that.
The Wisconsin Department of Justice declined to comment on the decision.
Avery’s nephew, Brendan Dassey, was also convicted in the case. He recently lost a bid to have the U.S. Supreme Court hear his case, leaving his conviction in place.
