Court rejects new trial in ‘Making a Murderer’ case

A Wisconsin court on Thursday rejected a request for a new trial in the case of Steven Avery, the subject of the Netflix documentary series “Making a Murderer.”

Avery’s attorney, Kathleen Zellner, had asked the court for a new hearing based on a multitude of claims including insufficient scientific evidence and ineffective trial counsel, The Associated Press reported.

While the court wrote that “Avery raises a variety of alternative theories about who killed [Teresa] Halbach and how,” it still sided with Department of Justice (DOJ) attorneys who argued that the motion was an improper one to retry in front of a jury.

The appeals court’s decision had to do with whether a hearing was warranted and not whether Avery was innocent or guilty, according to AP.

“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 court said. “We conclude that the circuit court did not erroneously exercise its discretion.”

Zellner tweeted that she was not “deterred” by the court’s decision.

“It pointed out the specific doors that are still open for Mr. Avery’s quest for freedom,” Zellner tweeted. “We appreciate the careful review.”

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

— Kathleen Zellner (@ZellnerLaw) July 28, 2021

Avery was convicted along with his nephew Brendan Dassey in 2007 for the murder of Halbach, a photographer.

“Making a Murderer” went over Avery’s life and the crime for which he was imprisoned. Avery had previously been wrongfully imprisoned for 18 years after being convicted of sexual assault, but was exonerated through DNA testing. After he was released, Avery filed a multimillion-dollar lawsuit against Manitowoc County and its sheriff.

His lawyers have claimed that local law enforcement officials framed Avery for the death in retaliation for the lawsuit.

“Making a Murderer” largely added to this claim, examining jurors who were connected to the sheriff’s office and inconsistencies in the case, though the claims made in the series have also been disputed.