CONVICTED KILLER STEVEN AVERY IS FIGHTING FOR A NEW TRIAL. AND TODAY, A STATE APPEALS COURT REJECTED HIS REQUEST. AVERY AND HIS NEPHEW, BRENDAN DASSEY, ARE SERVING LIFE SENTENCES IN THE 2005 MURDER OF TERESA HALBACH IN MANITOWOC COUNTY. THE CASE GAINED GLOBAL ATTENTION FROM THE NETFLIX SERIES MAKING A MURDERER. AVERY APPEALED A CIRCUIT COURT RULING DENYING HIM A NEW TRIAL OR A HEARING ON CLAIMS THERE IS SOMEONE ELSE RESPONSIBLE FOR THE DEATH. A WISCONSIN APPEALS COURT REJECTED AVERY’S ARGUMENT TODAY, AFFIRMING THE LOWER COURT’S ORDER. AVERY’S ATTORNEY WENT ON SOCIAL MEDI
Court denies Steven Avery new hearing in ‘Making a Murderer’ case
New witness testimony about suspicious RAV4 sighting fails to convince appeals court as ‘Making a Murderer’ subject remains behind bars
Updated: 8:50 PM CST Jan 16, 2025
The Wisconsin Court of Appeals has denied Steven Avery’s appeal for an evidentiary hearing, citing insufficiently pled motions.Avery, serving a life sentence for the 2005 murder of 25-year-old photographer Teresa Halbach, presented new witness testimony in his appeal that he claimed would implicate another person in Halbach’s murder.The appeal centered on testimony from a witness who claimed he saw two men pushing a dark blue RAV4 toward the Avery salvage yard before Halbach’s vehicle was discovered there on Nov. 5, 2005.The court found Avery’s motion failed to meet the legal requirements for introducing third-party perpetrator evidence.The appeals court ruled that Avery failed to establish three critical elements required under state law: motive, opportunity, and direct connection to the crime. The court found Avery’s allegations “conclusory and speculative.”Avery’s case gained international attention through the Netflix documentary “Making a Murderer.”The court also rejected Avery’s attempts to link violent, pornographic material found on a family computer to the third person, noting the computer was accessible to multiple household members, and the evidence failed to establish who conducted the searches.Halbach was last seen on the Avery property on Oct. 31, 2005, where she had gone to photograph a vehicle for a magazine.The decision marks Avery’s third unsuccessful appeal. His previous appeals were denied in 2011 and 2021.
The Wisconsin Court of Appeals has denied Steven Avery’s appeal for an evidentiary hearing, citing insufficiently pled motions.
Avery, serving a life sentence for the 2005 murder of 25-year-old photographer Teresa Halbach, presented new witness testimony in his appeal that he claimed would implicate another person in Halbach’s murder.
The appeal centered on testimony from a witness who claimed he saw two men pushing a dark blue RAV4 toward the Avery salvage yard before Halbach’s vehicle was discovered there on Nov. 5, 2005.
The court found Avery’s motion failed to meet the legal requirements for introducing third-party perpetrator evidence.
The appeals court ruled that Avery failed to establish three critical elements required under state law: motive, opportunity, and direct connection to the crime. The court found Avery’s allegations “conclusory and speculative.”
Avery’s case gained international attention through the Netflix documentary “Making a Murderer.”
The court also rejected Avery’s attempts to link violent, pornographic material found on a family computer to the third person, noting the computer was accessible to multiple household members, and the evidence failed to establish who conducted the searches.
Halbach was last seen on the Avery property on Oct. 31, 2005, where she had gone to photograph a vehicle for a magazine.
The decision marks Avery’s third unsuccessful appeal. His previous appeals were denied in 2011 and 2021.
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