The appeal is Avery’s second.
The appeal also says that a juror tainted other jurors “THROUGH DIRECT OR INDIRECT IN FLUENCE”, stating numerous times that Avery “IS F– GUILTY”. Avery says the one juror also told the other jurors, “If you can’t handle it why don’t you tell [the judge] and just leave”.
Although Avery is now serving life in prison without the possibility of parole, there’s still an inkling of hope as he recently secured a new lawyer, Kathleen Zellner. A few years after his release, he was convicted of first-degree intentional homicide in the 2005 death of photographer Teresa Halbach and sentenced to life in prison.
There is now a federal habeas petition alleging that Dassey’s constitutional rights were violated and it requests that his conviction be vacated.
Steven Avery is shown in a booking photo from the Netflix documentary series “Making a Murderer”, in this handout provided by Netflix, January 13, 2016.
Avery’s trial and subsequent conviction in the death of Halbach, following an earlier wrongful conviction, have made headlines following the release Netflix’s Making a Murderer last month.
Zellner declined to respond to questions about the Avery case.
The pair have filed a number of motions to dismiss Avery’s previous trial, both on the basis of possible jury tampering and inappropriate police involvement in the case.
Avery filed his first appeal in 2010, which was eventually denied. Now that that’s out of the way, I’m confident in saying that you’re probably hanging on every little detail of Steven Avery and Brendan Dassey’s absorbing case.
Avery’s conviction seemed suspicious to many after he had already been wrongfully imprisoned for 18 years by the Manitowoc County sheriff’s department for a rape he didn’t commit. Avery was released on the latter charge after being exonerated on the basis of DNA evidence.
And Monday, Walker – a tough-on-crime Republican who has never issued a pardon during his five years in office – indicated in a statement posted to social media that he wouldn’t start with Avery.
Demos and Ricciardi also reveal what they want to make their next documentary about.