“Making A Murderer” Subject Steven Avery Files New Appeal In Teresa Halbach Murder Case

Truth rating: 10
Steven Avery Appeal

By Michael Lewittes

Steven Avery Appeal

(Calumet County Jail)

Steven Avery could be heading back to court in has latest bid to become a free man. The “Making A Murderer” subject has filed an appeal requesting that a judge erase his 2007 murder conviction for the death of Teresa Halbach, and for the Wisconsin Court of Appeals to declare a mistrial in the case.

The new legal documents, filed by Avery himself, claim that the search done to obtain incriminating evidence against him in the case was illegal. He argues that the extent of the search, which resulted in authorities finding the keys to Halbach’s car and blood, went beyond the limits that were established by the search warrant. The documents also suggest that cops could have planted evidence against him because Halbach’s car wasn’t sealed with tamper-proof tape or any similar precaution. Avery also declares that he was not represented in the case by a competent lawyer, and suggests at least one juror was biased.

If a mistrial is declared in the case by the Wisconsin Court of Appeals, Avery would likely be granted a new trial and have the chance to be released from prison. He previously attempted to get a new trial on two occasions, most recently last December, but both requests were rejected by the Circuit Court of Appeals. Avery is currently being represented by Chicago-based attorney Kathleen Zellner, who has helped more than a dozen wrongfully-convicted people get released from prison. In 2009 court documents, Avery suggested his brothers were responsible for Halbach’s murder.

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