New trial denied for Steven Avery PDF Print E-mail
Written by Times-Journal   
Thursday, 28 January 2010 14:26
    Judge Patrick Willis rendered a 102-page decision on the post-conviction motions placed in the Steven Avery case on Monday, January 25, 2010. The decision denies Avery a new trial in the case where he was convicted of killing Teresa Halbach in 2005.

    Avery’s attorney Susanne Hagopian, raised two issues in seeking the new trial.  She argued that the dismissal of a juror and the replacement of that juror were done improperly. The second issue was that the judge erred by not allowing Avery’s defense team to allow evidence pointing to a different killer.

    In the case, juror Richard Mahler was removed during deliberation for a personal family emergency.  Hagopian argues that the removal of a deliberating juror is an error that is sufficiently grave that a new trial is required regardless of what happened at the first trial.  Judge Patrick Willis wrote in the decision, “Avery received a fair trial.  His case was decided by 12 jurors who heard all the evidence and rendered verdicts undistracted by any serious personal issues.”

    The second issue argued by Hagopian was that the jury was not allowed to consider anyone other than Avery or his nephew Brendan Dassey, for the crime. They contend that Charles Avery, Earl Avery or Bobby Dassey conspired to frame Steven Avery of the murder. The judge expressed that the defense failed to provide sufficient evidence or motive.

    Avery's state-appointed defense team will appeal the decision.  They have 20 days to make a motion to the Court of Appeals.
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