Steven Avery's June 2022 mug shot. PC: Fox 11 Online
(WTAQ-WLUK) — A state appeals court should reject Steven Avery’s appeal seeking to introduce evidence about an alternate suspect in the murder of Teresa Halbach, the Wisconsin Department of Justice argues in a brief filed Monday.
Avery is serving a life sentence for the 2005 murder of Halbach, a freelance photographer. Avery’s nephew Brendan Dassey was also convicted. Their cases received worldwide attention with the 2015 release of the Netflix series “Making A Murderer.”
Avery’s attorney is appealing a ruling denying him a new trial or hearing on claims there is an alternate suspect actually responsible for Halbach’s death.
In the brief, Assistant Attorney General Lisa E.F. Kumfer wrote:
The circuit court issued a thorough opinion fully explaining the numerous failures in Avery’s motion to plead facts that would meet the legal elements of his newly discovered evidence claim and show that they weren’t otherwise defeated by the existing record. It properly exercised its discretion in denying the motion without a hearing. This Court should affirm.
Avery failed to show that the circuit court committed any factual errors about his failure to provide any actual evidence in his motion on the three prongs of Denny. (Avery’s Br. 40-41.) And he fails to show how any of the purported errors of which he complains make any difference to its finding that he did not meet them. (Avery’s Br. 40-41.) The circuit court properly denied Avery’s insufficiently pled motion without a hearing.
Avery’s attorney has until April 30 to reply to the state’s brief. After that, it will likely take several months for the appeals court to issue a decision.
In Wisconsin, a Denny motion refers to a defense request seeking to blame another party for the crime. A court must grant permission before such evidence can be introduced to a jury. The defense must prove three prongs — motive, opportunity, and a direct connection to the crime with evidence to support the claim.
Separately, Avery’s attorney wants a Manitowoc County judge to order scientific testing relating to evidence on Halbach’s vehicle. However, that motion will wait for the alternate suspect motion to be decided by the Court of Appeals.
Dassey has no appeals pending.
Comments