PASSAGE OF THE DAY: "When the first season of Making A Murderer was first launched on Netflix in December 2015 it garnered a huge international audience. Avery's nephew, Brendan Dassey, who has learning difficulties, is also convicted in connection to the murder, based primarily on a confession he made while under interrogation. Both men were sentenced to life in prison. Avery was previously imprisoned for 18 years after he was wrongfully convicted of sexual assault and attempted murder, only to be exonerated by DNA evidence in 2003. Following his release, Avery filed a civil lawsuit against Mantiwoc County for $36 million (£27.3 million), which was still pending when he was arrested in connection to Halbach's murder. Avery's lawyers argued that the prosecution's evidence was inconsistent, claiming they were attempting to frame Avery in retaliation to his lawsuit."
---------------------------------------------------------------
STORY: "Steven Avery Has Lost His Latest Bid To Appeal For A New Trial," by reporter Dominic Smithers, published by ladbible on August 12, 2019.
PHOTO CAPTION: "Avery denies any involvement in her death and argues that police mishandled arguing bone evidence."
GIST: "A judge has rejected Steven Avery's appeal for a new trial against his murder conviction.
Avery, who is the focus of the hit Netflix series Making a Murderer, had his request for a retrial denied by judge Angela Sutkiewicz. He
is currently serving life in prison for the murder of Teresa Halbach in
2005. Ms Halbach's remains were discovered by authorities in the Avery
family's salvage yard. However, he denies any involvement in her death and argues that police mishandled arguing bone evidence. Judge
Sutkiewicz did not agree. In her ruling, she said: "In this matter, the
defendant cannot show that the State knew of the potential exculpatory
value of the evidence. "Nothing
of record indicates that in 2011, when the material was given to the
Halbach family, the material was re-classified as human bone." She
also said a specialist confirmed most of the remains were 'largely
unburned', which counters his claim that Ms Halbach was murdered, and
her body burned, somewhere else. She
added: "Dr. Eisenberg also testified that the material found in the
Quarry was largely unburned. This does not support the defendant's
argument that the victim was murdered and burned in a place other than
the Avery property and placed there at a later date." Following
the ruling, Avery's lawyer Kathleen Zellner said she wasn't shocked by
the decision not to offer her client a new trial, but that they would
continue to fight. She said: "We are not surprised by
this ruling. In the greater scheme of things it is not important. The
appellate court has jurisdiction of the entire appeal which has numerous
issues. The appellate and supreme court of Wisconsin will make the
decisions that matter on these issues and establish precedent on these
issues." When the first season of Making A Murderer was first launched on Netflix in December 2015 it garnered a huge international audience. Avery's
nephew, Brendan Dassey, who has learning difficulties, is also
convicted in connection to the murder, based primarily on a confession
he made while under interrogation. Both men were sentenced to life in
prison. Avery was previously imprisoned for 18
years after he was wrongfully convicted of sexual assault and attempted
murder, only to be exonerated by DNA evidence in 2003. Following
his release, Avery filed a civil lawsuit against Mantiwoc County for
$36 million (£27.3 million), which was still pending when he was
arrested in connection to Halbach's murder. Avery's
lawyers argued that the prosecution's evidence was inconsistent,
claiming they were attempting to frame Avery in retaliation to his
lawsuit."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
