Making a Murderer killer Steven Avery DENIED retrial by appeals court


Making a Murderer killer Steven Avery is DENIED retrial by appeals court after it agrees with lower court’s decision to reject his application for a retrial over photographer’s sex killing

  • Convicted killer Steven Avery, 59, has been denied a retrial to share new evidence he claims exonerates him of Teresa Halbach’s death in 2005
  • Kathleen Zellner, Avery’s attorney, tweeted that she is ‘not deterred by the appellate court decision’ and will continue fighting for her client’s freedom
  • His former attorney Jerome Buting tweeted that, ‘The court opinion shows a path for Steven Avery’s freedom’
  • Avery’s case was made popular in 2015 when Netflix began streaming ‘Making A Murderer’- a docu-series which which cast doubts on Avery’s conviction
  • ‘Making a Murderer’ suggested Avery was framed by cops, who also pressured his then-16-year-old nephew to make a confession 
  • Avery has maintained his innocence since the beginning and has been fighting unsuccessfully for years to have his conviction overturned for several years
  • Season 3 of Netflix docu-series is expected to be released in 2022

Making a Murderer killer Steven Avery has lost an appeal to seek a retrial for the murder of a female photographer he says he didn’t commit. 

The Wisconsin Court of Appeals unanimously rejected his request for a fresh hearing on Wednesday, saying a lower court’s prior decision to deny him a retrial hearing was sound.

However, Avery’s attorney Kathleen Zellner- who specializes in wrongful conviction- is determination to continue to fight for Avery’s freedom. He can now take his case to the Wisconsin Supreme Court in another attempt to clear his name. 

After the court’s decision was read Zellner tweeted: ‘Not deterred by the appellate court decision—-it pointed out the specific doors that are still open for Mr. Avery’s quest for freedom. We appreciate the careful review. #Onward #TruthWins’  

Avery is serving a life sentence for the 2005 killing of photographer Teresa Halbach, a case that became the focus of the popular Netflix series Making a Murderer.

The 2015 documentary raised questions about the convictions of Avery and his nephew, Brendan Dassey, 31 over Halbach’s murder. 

Steven Avery, 59, has been denied a new hearing to show new evidence he claims exonerates him of Teresa Halbach’s 2005 murder

Avery, 57 (left), was found guilty along with nephew, Brendan Dassey, 30 (right), of raping and murdering photographer Teresa Halbach in 2005

Avery’s attorney Kathleen Zellner will continue to pursue other paths to prove her client’s innocence 

Zellner specializes in wrongful convictions. She claims ‘The deeper we dig into the Avery conviction, the more evidence we uncover of his innocence.’

Jerome Buting, one of the attorneys who represented Avery during his 2006 murder trial tweeted that: ‘The court opinion shows a path for Steven Avery’s freedom.’ He confirmed that Zellner will pursue ‘that path and others to seek justice.’ He explained that ‘Avery can appeal this decision higher up and also file new motion in trial court.’

Zellner asked the court to consider claims ranging from insufficient scientific evidence to ineffective trial counsel. That request had been rejected in 2017 without a hearing and Avery, in his latest appeal, had asked for a hearing or new trial to consider the evidence.

‘Avery raises a variety of alternative theories about who killed Halbach and how,’ the appeals court said. But it sided with attorneys for the state Department of Justice who argued the type of motion Avery filed is not the proper one to retry the case before a jury.

‘We hold that Avery’s motions are insufficient on their face to entitle him to a hearing and that the circuit court did not erroneously exercise its discretion in denying the motions to vacate and for reconsideration’, the appeals court wrote as it explained Wednesday’s ruling. 

The appeals court said because Avery was appealing the lower court´s denial of a request for a new trial without holding an evidentiary hearing, the question before the appeals court was simply whether a hearing is warranted. It concluded that the lower court correctly rejected the call for a new trial without a hearing.

‘We express no opinion about who committed this crime: the jury has decided this question, and our review is confined to whether the claims before us entitle Avery to an evidentiary hearing,’ the appeals court said. ‘We conclude that the circuit court did not erroneously exercise its discretion.’

Zellner has not responded to messages seeking comment from   

FILE – In this March 13, 2007, file photo, Steven Avery listens to testimony in the courtroom at the Calumet County Courthouse in Chilton, Wis. The Wisconsin Court of Appeal on Wednesday, July 28, 2021, rejected a request by ‘Making a Murderer’ subject Steven Avery for a new trial. (AP Photo/Morry Gash, Pool, File)

Season 3 of ‘Making a Murderer’ is expected to be released in 2022

Both Avery and Dassey maintain their innocence. The case gained national attention in 2015 after Netflix aired ‘Making a Murderer,’ a multi-part documentary examining Halbach´s death. 

The series spawned conjecture about the pair´s innocence, but those who worked on the cases accused the filmmakers of leaving out key pieces of evidence and presenting a biased view of what happened. The filmmakers defended their work and supported calls to set Avery and Dassey free.

Dassey was 16 when he confessed to detectives he helped his uncle rape and kill Halbach at the Avery family´s salvage yard. A judge threw out the confession in 2016, ruling it was coerced by investigators using deceptive tactics. That ruling was later overturned by a federal appeals court and the U.S. Supreme Court declined to hear his case. 

Avery had spent 18 years in prison for a different rape before DNA testing exonerated him.

After his release, he filed a multimillion-dollar lawsuit over his conviction, but he was arrested in 2005 and later convicted of Halbach’s murder as that lawsuit was still pending. 

Avery is serving his life term at Waupun Correctional Institution, where as of last week 213 people had tested positive for COVID-19

Last December, Wisconsin Governor Tony Evers rejected his nephew Dassey’s plea for a pardon after the US Supreme Court refused to hear his latest appeal. 

Avery has been fighting unsuccessfully for years to have his conviction overturned and to be granted a new trial. He is completing his life sentence at Waupun Correctional Institution in Wisconsin but maintains his innocence. 

Season 3 of Making a Murderer is expected to be released on Netflix in 2022. 

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