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Judge denies Steven Avery's motion for a new trial

Posted at 9:28 PM, Aug 08, 2019
and last updated 2019-08-12 12:39:24-04

MANITOWOC — A judge has denied Steven Avery's motion to get a new trial.

Wisconsin's online court records show Judge Angela Sutkiewicz on Thursday denied Steven Avery's request in the 2005 killing of photographer Teresa Halbach.

Halbach's remains were found in the Avery family's salvage yard. Avery argued the state turned over bones to the Halbach family without notifying the defense, but the judge ruled that does not mean Avery should get a new trial.

"The court finds that the defendant has failed to meet his burden to establish that Wis. Stats. 968.205 was violated or his constitutional rights were violated," the court record states. "As such, the defendant's motion is denied."

According to previous reports, Avery's legal team, led by Kathleen Zellner, argues the State violated Steven Avery's rights when authorities handed over bone remains to Teresa Halbach's family. The bones were given to Halbach's family in 2011, but Avery's attorneys were not notified until 2018. Tests were inconclusive about whether the bones were animal or human.

Avery was convicted of killing Halbach in 2007. The case was covered extensively in the popular Netflix documentary series, Making a Murderer.

Despite the ruling, Zellner posted a tweet Thursday, citing a "silver lining".

"We are thrilled to be returning to the appellate court after all of this time!" Zellner tweets.

The Associated Press contributed to this report.