'Making a Murderer' defendant Avery denied new trial

Steven Avery's request for new trial denied by judge

Steven Avery's request for new trial denied by judge

STEVEN AVERY has been denied a new trial by a judge in Wisconsin over the conviction that was at the centre of Netflix documentary Making a Murderer.

Sheboygan County Circuit Judge, Angela Sutkiewicz, said that the evidence presented so far, in her opinion, did not warrant a new trial.

"The defendant has failed to establish any grounds that would trigger the right to a new trial in the interests of justice", she said, according to WBAY.

Back in 2007, Steven Avery and his nephew Brendan Dassey were sentenced to life in prison - with no parole for Avery, and a chance of parole after 41 years for Dassey - for the death of Teresa Halbach in Manitowoc County, Wisconsin.

"The basis for the order to vacate will be that an agreement was reached between Mr. Avery's attorneys and the Wisconsin Attorney General on September 18, 2017, to conduct further testing and to allow Mr. Avery to amend his petition with new scientific test results and additional witness affidavits", Zellner said in the statement. The case gained national attention in 2015 after Netflix aired "Making a Murderer", a multi-part documentary examining Halbach's death. "The scientific testing is not completed, we remain optimistic that Mr Avery's conviction will be vacated".

The motion said Avery's trial attorneys lacked experts and conducted an inadequate investigation in failing to prove that evidence was planted. Defense attorneys also said a piece of evidence found in Dassey's bedroom, a key, was planted by sheriffs.

'Because the State did not need to establish motive, it did not spend any time trying to figure out why Ms. Halbach was murdered, ' Zellner wrote. Soon after, wrongful conviction lawyer Kathleen Zellner took up his case and filed a 1,272-page motion for a new trial earlier this year that included claims of ineffective counsel from his appeal lawyer, prosecutorial violations, and evidence tampering. He remains in custody.

The filmmakers defended their work and supported calls to set both Avery and Dassey free.