Steven Avery’s lawyer says ‘new and compelling’ evidence has emerged in the murder of Teresa Halbach, for which he is currently serving a life sentence.
Avery, who’s case was featured in the Netflix docu-series Making A Murderer, was convicted of the 2005 murder of 25-year-old photographer Halbach.
Halbach had been at the Avery’s property to take photographs of a car that was sale for a magazine on 31 October. On 5 November her car was found at the Avery’s salvage yard, while forensic officers also discovered bone fragments in a burn pit on the property.
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Avery was charged and later convicted for the murder. He has always insisted he is innocent.
Avery's nephew, Brendan Dassey, was convicted of first-degree intentional homicide and two lesser felonies. He's serving a life sentence.
In a new filing, Avery’s lawyer Kathleen Zellner says new evidence points to a different suspect and that Avery’s conviction is not sound.
The filing reads in part: “Two new witnesses in Mr. Avery’s case with new and compelling evidence about a murder mystery that has intrigued a worldwide audience.
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“The rush to judgment and tunnel vision that led to the arrest, prosecution, and conviction of Mr. Avery is exposed by these new witnesses who provide new and undisputed evidence that directly links [the alternate suspect] to the murder of Teresa Halbach and the framing of Mr. Avery.
“Furthermore, this new evidence allows for a reconsideration of the real motive of this crime, as being a sexual homicide, which the culmination of an obsession by [the alternate] suspect with viewing thousands of image of violent, deviant pornography.
“On October 31, 2005, the obsessive fantasies of [the alternate suspect] became a reality when Teresa Halbach was brutally assaulted and murdered by two rifle shots to her skull.
“Mr. Avery does not have to prove who committed this terrible crime to receive relief. This is not his intent or purpose. However, he does have a right to prove he did not receive a fair trial.
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“The new evidence, which establishes that [the alternate suspect] meets all of the Denny criteria to be a third party suspect, and the evidence of two Brady violations demonstrate that Mr. Avery was deprived of a constitutionally guaranteed right to present a complete defence to the charges against him.”
In the motion, Zellner urges the court to grant Avery a new trial or an evidentiary hearing.
The court has previously turned down a retrial motion in July last year.
Topics: US News, Crime, Netflix, Steven avery
Claire Reid