Steven Avery's request for new trial denied by judge

SHEBOYGAN COUNTY, Wis. - Circuit court judge Angela Sutkiewicz denied Steven Avery's request for a new trial on Tuesday in Sheboygan County, writing in her decision that the defendant's argument ignores key facts of the case.

Avery's counsel, attorneys Kathleen Zellner and Steven Richards, argued several claims as the grounds for a new trial.

The claims included:

-A need for new DNA testing on evidence that would "create doubt about the evidence submitted in his criminal trial and alternative theories regarding the case" 

- Police investigation that was "conducted at a level below professional standards"

- The "competency of the defendant's trial counsel"

- Questionable "ethics of the prosecutor in this matter"

- Violations of due process from lack of evidence requested by the defense trial counsel, known as Brady violations 

In Judge Sutkiewicz's decision, she wrote that Avery's arguments are blind to key factors in the case.

One of Steven Avery's attorneys, Kathleen Zellner, said this in a statement sent to Local 5 on Tuesday:

"We are filing an amended petition because we have additional test results and witness affidavits.  The scientific testing is not completed.  We remain optimistic that Mr. Avery's conviction will be vacated."

Avery was sentenced to life in prison in for the murder of Teresa Halbach in October 2005. 


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