Steven Avery's June 2022 mug shot. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Steven Avery is appealing the latest denial of a new hearing or trial to the Wisconsin Supreme Court.
Avery, 62, is serving a life sentence for the 2005 murder of Teresa Halbach, a freelance photographer. Avery has maintained his innocence, but every appeal, to this point, has been denied.
The latest denial came last month, when a state appeals court rejected his arguments he should get to argue there is an alternate suspect responsible for the murder.
In the 31-page motion filed Friday, attorney Kathleen Zellner said this case presents “special and important reasons” for the high court to review the case. The court does not have to review the merits of the motion, if it chooses not to.
“The Court of Appeals conceded that the Sowinski affidavit establishes “a possible ‘connection between the third party and the crime.’” The Court reached this conclusion by improperly weighing the evidence and imposing an improper burden of proof on Mr. Avery to meet the standard for an evidentiary hearing. This misapplication of the law and misinterpretation of the facts has resulted in a constitutional violation of Mr. Avery’s due process rights to present a complete defense at his trial,” Zellner argues.
The state has not responded to the motion.
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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